Case Evaluation and Early-Stage Consulting

When to Request a Case Evaluation

Many digital marketing expert witness engagements begin with an initial consultation rather than a full retention. This early-stage evaluation helps attorneys determine whether the digital marketing issues in their case are significant enough to warrant expert analysis, what kind of evidence is available, and what scope of engagement would be appropriate.

A case evaluation is particularly useful when counsel is uncertain whether digital marketing questions are central to the claims or defenses, when the opposing side has raised digital marketing issues that need to be assessed, or when early data preservation decisions could affect the strength of the case later.

What a Case Evaluation Covers

Issue Identification

The first step is understanding which digital marketing channels and practices are at issue. This may involve paid search (Google Ads, Microsoft Advertising), organic search (SEO), social media advertising, display and programmatic campaigns, email marketing, analytics and attribution, or a combination of several channels. Identifying the relevant channels early helps focus the analysis and determine what data will be needed.

Preliminary Data Assessment

Bill reviews whatever information is available at the early stage, which may include a brief case summary from counsel, publicly available information about the parties and their websites, initial descriptions of the marketing activities in dispute, and any data or documents that counsel can share prior to formal retention. This preliminary review provides a high-level assessment of whether the available evidence is likely to support or undermine the digital marketing claims at issue.

Data Preservation Guidance

One of the most valuable aspects of early-stage consulting is guidance on data preservation. Digital marketing data is often time-sensitive: Google Analytics data can be overwritten when properties are deleted or reconfigured, Google Search Console retains data for limited periods, advertising platform data may become inaccessible after accounts are closed, and website content changes continuously. Bill can advise counsel on which data sources are most critical to preserve, how to request preservation from opposing parties, and what specific platform data to include in discovery requests.

Scope and Engagement Recommendations

Based on the preliminary assessment, Bill provides counsel with recommendations on the appropriate scope of engagement. This may include whether a full expert report is warranted, whether the matter is better suited to a consulting role, what specific analyses would be most relevant, and an estimated timeline for the work involved.

Discovery Support

Early-stage consulting often includes guidance on discovery related to digital marketing evidence. Bill can help legal teams draft discovery requests that target the most relevant platform data, identify the specific reports and exports that should be requested from advertising platforms, analytics tools, and marketing automation systems, evaluate the completeness and reliability of data produced by the opposing side, and understand platform-specific terminology and data structures that may appear in discovery materials.

Attorneys who are not familiar with digital marketing platforms often benefit from expert guidance during discovery, because the terminology and data formats used by platforms like Google Ads, Meta Ads Manager, and Google Analytics can be opaque to non-practitioners.

Common Scenarios for Early-Stage Consulting

• Pre-filing assessment — Counsel wants to understand whether digital marketing evidence will support or weaken specific claims before filing
• Opposing expert evaluation — The opposing side has retained a digital marketing expert, and counsel needs an initial assessment of the issues
• Data preservation urgency — Critical marketing data may be at risk of deletion or alteration, and counsel needs immediate guidance
• Scope determination — Counsel is unsure whether the case requires a full expert engagement or a more limited consulting role
• Settlement evaluation — Counsel wants a preliminary expert opinion on the digital marketing issues to inform settlement discussions

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