Evidence and testimony
The directory

The Digital Marketing Evidence Index

Every page in one place. The disciplines are labelled with where the decisive record lives — platform-held, party-held, or modeled. The matters are labelled with what has to be proven. The label is on every card, so the shape of a matter is visible before any page is opened.

Disciplines

13 entries
Platform-heldAbstract crossing beam illustration representing Paid Search Advertising
Paid Media

Paid Search Advertising

What a paid search account can and cannot show about spend, keywords, clicks and conversions — and how fast each record expires

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Platform-heldAbstract diagonal lattice illustration representing Display and Programmatic
Paid Media

Display and Programmatic

Where the record sits in a programmatic buy, what log-level data shows, and why viewability and ads.txt establish less than they appear to

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Platform-heldAbstract orbiting dot illustration representing Paid Social Advertising
Paid Media

Paid Social Advertising

What a Facebook or Instagram ad account export contains, what the Ad Library leaves out, and which breakdowns have already expired

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Platform-heldAbstract funnel form illustration representing Online Advertising
Paid Media

Online Advertising

The orientation page for counsel who does not yet know which advertising channel a dispute turns on, and what to ask for first

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Party-heldAbstract woven strip illustration representing Social Media
Organic and Owned

Social Media

What a social media record contains, how it is authenticated under Rules 902(13) and 902(14), and what an export cannot show

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Party-heldAbstract horizontal band illustration representing Email Marketing
Organic and Owned

Email Marketing

What an email and SMS program records, why open rates stopped being evidence in 2021, and which consent rule is actually in force

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Party-heldAbstract stacked chevron illustration representing Affiliate Marketing
Organic and Owned

Affiliate Marketing

What affiliate network records contain, how cookie stuffing appears in a click log, and why a commission is not a finding of causation

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Party-heldAbstract tapered column illustration representing Content and Digital Media
Organic and Owned

Content and Digital Media

What record exists for content production, publication and syndication — revision histories, captures, archives, and where each one fails

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Platform-heldAbstract square grid illustration representing E-Commerce
Commerce and Retail

E-Commerce

Where the transaction record sits in an e-commerce dispute, who holds it, and how quickly the marketplace side of it expires

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Party-heldAbstract offset block illustration representing Retail and Merchandising
Commerce and Retail

Retail and Merchandising

Assortment, placement, promotion and pricing presentation, and the records that fix what a shopper was shown on a given day

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Party-heldAbstract stepped block illustration representing Website and Conversion
Commerce and Retail

Website and Conversion

What a website's own logs, tags and experiment records establish, and where the session-replay litigation has actually left the field

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Party-heldAbstract scattered dot illustration representing Analytics and Tracking
Measurement

Analytics and Tracking

What an analytics property keeps, what it deletes on a schedule, what it models, and how to tell those apart in a production

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ModeledAbstract concentric arc illustration representing Attribution and ROI
Measurement

Attribution and ROI

Why attribution numbers are estimates, what incrementality testing would have shown, and why it is almost never available afterward

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Matters

10 entries
Standard of careAbstract ladder rung illustration representing Agency and Consultant Disputes
Performance and Contract

Agency and Consultant Disputes

What a court can look to when no licensing board defines competent practice, and what a spend reconciliation actually shows

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Standard of careAbstract prism facet illustration representing Scope and Deliverable Disputes
Performance and Contract

Scope and Deliverable Disputes

Whether a deliverable named in the statement of work exists in the record, when it appeared, and which login put it there

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CausationAbstract gauge dial illustration representing Performance-Based Compensation
Performance and Contract

Performance-Based Compensation

Where an attribution dispute becomes a contract dispute, and which records show whether the metric was moved

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CausationAbstract pulse line illustration representing Click Fraud and Invalid Traffic
Fraud and Abuse

Click Fraud and Invalid Traffic

What the invalid-clicks column and the credit report actually record, and why the click-level window closes at ninety days

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CausationAbstract angled shard illustration representing Affiliate and Incentive Fraud
Fraud and Abuse

Affiliate and Incentive Fraud

What a network click log records about a commissioned conversion, and what the eBay cookie-stuffing prosecutions actually established

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CausationAbstract radiating spoke illustration representing Bot Traffic and Impression Fraud
Fraud and Abuse

Bot Traffic and Impression Fraud

What has been proven about bot traffic, what was only reported by vendors, and what a buy-side log can actually support

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Standard of careAbstract tilted diamond illustration representing False and Deceptive Advertising
Claims and Conduct

False and Deceptive Advertising

Lanham Act false advertising and the FTC rules actually in force, including the one most compliance guides describe wrongly

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Standard of careAbstract hexagonal tile illustration representing Trademark Use in Advertising
Claims and Conduct

Trademark Use in Advertising

What the Second, Ninth and Eleventh Circuits have decided about keyword bidding, and why the ad text is where liability still sits

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QuantumAbstract layered wave illustration representing Traffic and Revenue Loss
Loss and Quantification

Traffic and Revenue Loss

How a decline is established, how alternative explanations are ruled out, and where a comparison series actually comes from

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QuantumAbstract vertical bar illustration representing Marketing Damages Models
Loss and Quantification

Marketing Damages Models

How marketing loss is quantified, what section 35(a) puts on which party, and where the marketing expert stops and the damages expert starts

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The same entries, grouped by the relationship a dispute came out of and the stage of a case a rule bites at.

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