Expert Details
Marketing, Advertising and Marketing Customs and Practices: Deceptive Marketing; Retail, Unfair Business Practices; Deceptive Advertising; Unfair Advertising; Unfair Competition; and IP and Trademarks
ID: 724787
California, USA
Multi-faceted senior Marketing executive and analyst with expertise in creating, applying and delivering marketing, advertising, media, business development, sales, brand integrity, collateral programs, and litigation. He has introduced campaigns that translated strategic marketing plans into tactical sales actions that drove revenue growth, expanded market penetration, partner growth, achieved dominant market share, maximized brand equity and capitalized on market opportunities.
Expert has owned a marketing consulting firm since 1994. His firm is highly capable of discerning the right mix of strategies, tactics, and professionals. A strategic marketing, advertising, and media professional, he has worked within companies within advertising agencies -- and, as a client, with several advertising agencies, media buying services, marketing research organizations, design companies, direct marketing/mail, and other marketing firms reporting to him.
Expert's recognized strengths include establishing and maintaining executive-level client and strategic partner/alliance relationships. He has strong conceptual and analytical skills alongside the ability to identify new marketing opportunities and market segments. He is a participative leader with excellent skills in cross-functional team building, motivation, quality performance, and productivity improvements. He is also an active committee chair, board member and volunteer of the Advertising Club of Los Angeles since1983, and he is an active officer in AIEF (Advertising Industry Emergency Fund) which turned into Ad Relief.
Expert has been designated as an expert witness more than 85+ times on matters involving Marketing, Advertising, Trademark, Patent, Promotion, Breach of Contract, Lanham and Robinson-Patman Act violations, and others. He has consulted on more than a dozen contract, business practices, trademark, marketing, advertising, and media cases. He has lent significant litigation support -- approximately 53% plaintiff and 47% defendant cases. He has also provided pre-litigation analysis on pending litigation -- both sides -- and for the state attorney general (California) on multiple cases. Expert has provided previous expert consultation services for attorneys and law firms in California, Arizona, Washington, New York, Texas, Florida, Nevada, North Carolina, South Carolina, Michigan, Missouri, Pennsylvania, and Utah, along with the American Arbitration Association (AAA) and JAMS (Judicial Arbitration and Mediation Services). Cases have also included contracts between partners, co-founders, directors, boards of directors, management consultants, advertising agencies, clients, advertisers, suppliers, distributors, production firms, and media.
Partial list of companies worked for and/or with:
• DIRECTV
• Grey Advertising-Worldwide/Grey Entertainment and Media
• City of Los Angeles
• State of California
• GE Capital
• University of Southern California (USC) – Marshall (undergraduate and graduate) and Annenberg Schools (undergraduate and graduate)
• Vons Grocery Company
• The Music Center of Los Angeles/ Performing Arts Center of Los Angeles
• Bank of America
• Verizon/Bell Atlantic
• SBC
• Disney (Walt Disney Productions)
• Alliance Environmental Group
• Ritter Pharmaceuticals/Lactagen
• Barr Engineering
• Datastream
• Dependable Supply Chain Services
• DHX-Dependable Hawaiian Express
• DGX-Dependable Global Express
• DAX-Dependable AirCargo Express
• Southern California Edison
• Sheraton Hotels and Resorts
• SPNB (Security Pacific National Bank)
• Beverly Hills Savings
• ICL Systems
• Rubicon VLS
• RKO
• ORC International
• NME
• BMI
• Beverly Hills Courier/San Marino Tribune/Herald Tribune
• Applause Toys
• Pepperdine University (five campuses- graduate Business School-MBA program)
• Disney (Walt Disney Productions)
• California State University, Northridge (CSUN), David Nazarian College of Business and Economics) – undergrad and graduate
Education
| Year | Degree | Subject | Institution |
|---|---|---|---|
| Year: 1974 | Degree: MBA | Subject: Marketing and Business Administration | Institution: University of Southern California |
| Year: 1971 | Degree: B.S. | Subject: Marketing and Business Administration | Institution: University of Southern California |
| Year: 1983 | Degree: Advanced Management Program | Subject: Planning, Execution and Business Administration | Institution: Claremont University |
| Year: 1995 | Degree: Advanced Management Program | Subject: Business Objectives, Strategies and Tactics | Institution: University of Southern California |
| Year: 1974 | Degree: The California Community Colleges Instructor Teaching Credential (Lifetime) | Subject: Business and Industrial Management; Marketing and Distribution | Institution: The California Community Colleges / USC |
Work History
| Years | Employer | Title | Department |
|---|---|---|---|
| Years: 1994 to Present | Employer: Undisclosed | Title: Senior Managing Partner | Department: Marketing Consulting / New Business Development / Expert Wintess |
Responsibilities:Independent Marketing Consultant and Expert Witness for marketing, advertising, creative, media and planning.Provide expertise in marketing campaign strategy, advertising, new business development, roll-outs, collateral programs, expert witness, market penetration, Internet and web marketing, website development, and effectively identifying marketing opportunities for local, national and international business organizations. Bring marketing, advertising, and media consultants together to solve marketing problems and create opportunities. Litigation support, approximately 55% plaintiff and 45% defendant cases, including state, city and regulatory agencies, cases for “the People.” Also provided pre-litigation analysis on pending litigations, both sides. Deposed, testified in court and arbitration: 54 times. Clients include and have included: GE Capital-ResCom (subsidiary of GE); University of Southern California (USC) - Annenberg School for Communication and Journalism; Alliance Environmental Group; Barr Engineering, Inc.; Getty Museum; DHX-Dependable Hawaiian Express; DAX-Dependable AirCargo Express; DGX-Dependable Global Express; Rubicon VLS; Datastream, Saturday Night Magazine; Shimahara Illustration; Shimahara Graphics; Ritter Pharmaceuticals/ Lactagen; and others. |
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| Years | Employer | Title | Department |
| Years: 1997 to 2001 | Employer: DIRECTV | Title: Marketing Director, Special Markets and Strategic Partnerships | Department: |
Responsibilities:Created, orchestrated marketing programs, strengthened product positioning, improved marketing, established corporate partner/alliances, including the Telcos, planned strategies and promotional tactics. Built a marketing team for special markets; hired, trained, mentored, and motivated team.• A competitively positioned company in several market segments by increasing customer base by 40% through marketing partnerships with the Telcos, Verizon/Bell Atlantic, Quest/US West, GTE, SBC/PacBell, and others. • Instrumental in achieving a 43% increase in sales and more than 200 third-party programs by securing and managing a major sales program targeted to residential, multi-family dwellings, facilities, hospitality, and private offices. • Benchmarked highly effective 25-piece collateral marketing and advertising program for MSOs and key accounts, including nine-part "right-of-entry" sales kit. Designed and implemented a simplification program for new dealers. • Dramatically increased private office acquisitions by 321% and multiple dwelling units by 8.7%. • Teamed with advertising firms to create television, radio, print and online media marketing campaigns. • Created and received with a marketing partner, Bell Atlantic Video Service (Telco) “Stellar Year” award recognition/special standout performance /custom-designed promotion, Special Markets (1999) • Executed innovative trade show and co-op programs with 80 different partners and alliances. • Acknowledged as "Partner of the Year" from Private Cable and Wireless Cable Magazine. |
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| Years | Employer | Title | Department |
| Years: 1989 to 1994 | Employer: The Music Center of Los Angeles / Performing Arts Center of Los Angeles | Title: VP, Marketing and Communications | Department: Marketing and Communications |
Responsibilities:Award-winning leadership of marketing, promotion, public relations, advertising, fundraising, community access programs, special events, direct mail, and collateral materials.• Moved organization from passive reactive model to proactive marketing model by changing corporate vision which resulted in motivating executive team and staff. Named and changed the Public Affairs department to the Music Center’s Marketing and Communications department. • Important gains achieved, increasing annual fundraising by 7.3% and retail store sales by 450%. • Innovative team creation, production, support and execution of LA Alive!, Dorothy Chandler Awards, Spotlight, KABC/Music Center Broadcast Celebrating 25th Anniversary, Viva L.A. Hope Street Festival to celebrate Mexican Independence Day, Viva Las Artistas and TGIF Concert Series and fundraising events. • Promotional planning, fundraising planning, collateral, groundbreaking press conferences for Walt Disney Hall. • Maximized presence of Education Division’s live arts programs, developing all aspects of the program for heightened appeal and attraction to 1.2 million students throughout Southern California. • Developed the promotional campaign for the Music Center’s Endowment Campaign for the 21st Century |
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| Years | Employer | Title | Department |
| Years: 1975 to 1988 | Employer: Grey Advertising | Title: SVP / VP Management Supervisor | Department: Account Management |
Responsibilities:Aggressive leadership with broad-based marketing responsibilities for national, regional and local entertainment, retail, and public service accounts. Fast track promotions of increasing responsibility to VP-Management Supervisor. Hand-picked to plan and execute multimedia marketing programs.• Increased four-year market share from 11.9% to 17.3% by creating and designing marketing and store opening campaigns for Vons Grocery Co. in California and Nevada. Spearheaded 73 televisions spots plus expansion into new, out-of-state markets. Created a hundred radio promotions, multiple markets. • Maximized exposure of Bank of America, Warner Bros., Showtime Cable Network and RKO Video/Pictures by designing national and regional advertising and promotions programs/campaigns. • Earned reputation for top-notch design of marketing and media promotions for ABC Television Network. • Developed marketing and advertising planning. Implemented creative marketing programs with vision and strategy for expansion of existing and new services for Southern California Edison. • Achieved record-breaking fundraising dollars and involvement of highly public figures by developing high-quality public service advertising and event marketing for the California Special Olympics. |
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| Years | Employer | Title | Department |
| Years: 1980 to 1981 | Employer: Walt Disney Productions | Title: Marketing Manager- Motion Pictures | Department: Marketing and Distribution |
Responsibilities:Aggressive marketing leadership with broad-based marketing, advertising and media responsibilities for national, regional and local assignments.Developed marketing and advertising planning, worked on national releases for “Mary Poppins (with 100 stations in national and local radio promotions),” “The Fox and the Hound,” “The Devil and Max Devlin” and others. EPCOT planning. |
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| Years | Employer | Title | Department |
| Years: 1983 to 1987 | Employer: Abert, Newhoff and Burr | Title: Senior V.P. | Department: Account Management |
Responsibilities:National, regional and local multimedia accounts at a nationally recognized advertising agency.• Designed and created marketing and advertising program for 14 Sheraton Hotels and Resorts, surpassing all existing sales figures on hotel occupancy and won the 1985 “Agency of the Year” award from ITT Sheraton. • Designed and created advertising programs for Beverly Hills Savings, National Medical Enterprises (19 hospitals and an HMO), RKO Video/Pictures. • Created and developed award-winning "There's Nothing Cool About Fireworks" anti-fireworks program for the Los Angeles Fire Department, which contribute to saving approximately $30 million in property damage. Won Belding, Clio, California League of Cities, and other awards. Continued participation with the Fire Department program for 14 years, through 1998. |
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Additional Experience
| Expert Witness Experience |
|---|
| Expert has represented clients as an expert witness 80+ times. Expert has served as a consultant and/ witness for California Department of Justice; State of Washington, Office of Attorney General; State of California, State Attorney General; Alameda County District Attorney; Monterey County District Attorney; Santa Cruz County District Attorney; Office of the San Diego City Attorney; Office of Los Angeles City Attorney; Alameda Corridor-East Construction Authority on behalf of the San Gabriel Valley Council of Governments; California Alcoholic Beverage Control Board. Expert Witness cases have involved: • Marketing • Advertising • Breach of contract • Business practices • Unfair competition • Trade libel • Rescission • Media • Unlawful, unfair, or fraudulent business activities/practices • Contracts • Sponsorships • False advertising • Licensing • Distribution • Trademark infringement • Intellectual property • Patents • Usage of models • Branding • Advertising agencies • Business code and professions code compliance and violations • Trade secrets • Client business practices • Unjust enrichment • Misappropriation of likeness • Unfair advertising • Deceptive advertising • Violations of Lanham Act • Trademarks at issue • Comparative advertising • Comparative promotion • Packaging • Value of advertising and media campaign Expert has been deposed, testified in court and arbitration: 50+ times. Additionally, has served in United States District Courts in the states of California, Florida, Minnesota, North Carolina, Texas, Utah, Pennsylvania, Kansas, and Nevada. |
Career Accomplishments
| Associations / Societies |
|---|
| Board of Directors - Advertising Club of Los Angeles Board of Directors/Executive Board Member/Treasurer/ Member – Advertising Industry Emergency Fund, now Ad Relief Board of Directors/V.P. -Westwood Hills Homeowners Association Chair, Advertising Club of Los Angeles, Summer Internship Program Media Captain, Partnership for a Drug-Free America Advisory Board of Directors, California Special Olympics Anti-Fireworks Program, Los Angeles Fire Department Executive Board Member/Vice President, Park Homes & Lofts (HOA) Member, Los Angeles Town Hall PROFESSIONAL ASSOCIATIONS AND VOLUNTEER ACTIVITIES • Volunteer, Alumni Day of Service Project at Hopkins Wilderness Park • Host, Trojan Scuppers mentoring event, celebrating USC's traditions and transformation, part of USC Alumni Association (USCAA) and Society 52 • Chair, “It’s about the Kids. Safety First in Playa Vista and on Bluff Creek,” PVPAL's Safety and Traffic Committee • Volunteer, Los Angeles Regional Food Bank, “Day of Service,” with Loyola High and ThinkLA, City of Commerce, CA • Participant/Contributor, embRACE Los Angeles, a program and an initiative aimed at unifying Angelenos, empowering communities, a citywide conversation about race and racism, changing inequities throughout L.A. • Volunteer, USC School of Architecture Day of SCervice at A Place Called Home, a safe haven in South Central Los Angeles • Judge, Mobius Awards, International/Global Advertising Competition • Judge, Gelato Festival America (Carpigiani Gelato University): Santa Barbara, CA • Volunteer, USC Dornslife Day of SCervice at LAC + USC Medical Center • Volunteer/Mentor, The Loyola Alumni Mentorship Program (LAMP) • Judge, USC Marshall School, Lloyd Grief Center for Entrepreneurial Studies, New Venture Seed Competition • Volunteer, Living through Giving Foundation • Board Director/Executive Board Member/Secretary/Treasurer/Event Chair/Member – Ad Relief of Greater Los Angeles: a volunteer organization made up of advertising and promotions professionals brought together to help their colleagues in times of life crisis, formerly AIEF (Advertising Industry Emergency Fund) • Class Leader/Committee Member/Co-Captain/Co-Chair, Loyola High School Class (LHS), Reunion Program, including 150 Anniversary programs: 50th Reunion Committee • Chair, Ad Relief/Advertising Industry Emergency Fund (AIEF) Movie Night Fundraiser, each year • Board Director, including Vice President, Park Homes & Lofts/PH&L in Playa Vista, CA • Member, ConnectSC USC Student Affairs; Resource for USC Career Center and USC Alumni Association, helping launch careers or making career transitions • Judge, USC Marshall School, Lloyd Grief Center for Entrepreneurial Studies, New Venture Seed Competition • Volunteer, USC Day of SCervice at My Friend's Place, which assists and inspires homeless youth to build self-sufficient lives • Volunteer, CanJam Volunteer Day at LA Regional Food Bank, with ThinkLA • Volunteer, Special Olympics World Games, “Health Athletes,” Los Angeles • Judge (Tasting and Recipe), Oxnard Salsa Festival/Salsa Recipe Contest, presented by Oxnard Downtowners • Team Captain, Day of Service for Loyola High School, 150 Sites Day (at Homeboy Industries), part of Sesquicentennial Events and Volunteerism • Volunteer, USC Day of SCervice for InterSorority Parents Council supporting the Neighborhood Academic Initiative (NAI) at the USC Community House • Contributor/Participant/Volunteer/Research Participant in USC’s School of Gerontology’s “Words and Images” Study • Volunteer, USC Day of SCervice at Richstone Family Center dedicated to preventing/treating child abuse, preventing violence in families, schools and communities • Volunteer/Research Participant in, USC School of Psychology’s “Bottom-Up and Top-Down Interactions Between Emotion and Cognitive Control” Study • Presenter/Contributor/Judge/Interviewer for Foshay Tech Academy, including Internship Day and Hour of Code Tech Fair, at Foshay Learning Center/Foshay High School, Los Angeles • Volunteer, USC Second Decade Society, Day of SCervice • Volunteer, ThinkLA Save the Surf/Protect the Beaches • Board Director/V.P., WHPOA, Westwood Hills Homeowners Association • Creator and Founding Member of Annual Westwood Hills' Cashmere, Tilden, and Montana (with Greenfield and Denslow) Block Party • Member, UCLA Anderson Economic Forecast in Partnership with the Center of Global Management/ CIBER • Volunteer, USC Alumni Day of SCervice, “CFY’s “Powering a New Generation of Learning; Computers for Kids” program, in conjunction with USC Friends and Neighbors SCervice Day • Volunteer, Project Angel Food, Thanksgiving • Volunteer/Contributor/Participant, Gorilla Trekking Certificate in the Cause of the Critically Endangered Mountain Gorillas in Rwanda • Judge, ThinkLA Interactive Awards/Advertising Competition • Volunteer, Heal the Bay, part of USC westside Alumni Group activities • Volunteer, ThinkLA Presents “CREATIVELA” • Committee Member, University of Southern California (USC) Reunion Program and Weekend Activities • DMEF (Direct Marketing Educational Foundation), Professors Academy, with University of Southern California and CSUN (California State University, Northridge) • Chair, Anniversary Celebration of Westwood Hills (WHPOA) at W Hotel • Board Director - Advertising Club of Los Angeles, member since 1975 and continuing; Ad Club evolved into ThinkLA, member; included Belding Awards volunteer, Nominating Committee volunteer and Program Committee, volunteer • Chairman, Advertising Club of Los Angeles, Summer Internship Program, plus helped create Minority Advertising Training (MAT) Program • Member, ThinkLA, evolved from Advertising Club of Los Angeles • Non-Profits in the 90’s PIRATES (Public Service Directors) Presenter: “Where the Community Meets the Media: There’s Always Been a Part of Public Service in My Blood.” • Media Captain, Partnership for a Drug-Free America • Advisory Board of Directors, California Special Olympics • Volunteer, After school tutoring, learning programs to the youth at Avalon-Carver Community Center and other locations; USC’s Internship Program for fifth and sixth graders in basic skills (reading, math, and other subjects) • Beta Gamma Sigma, International, Lifetime member |
| Licenses / Certifications |
|---|
| California Community Colleges State teaching credential; Valid for life, by the board of the California Community Colleges, 1974 (lifetime) Certified Forensic Litigation Consultant (CFLC)™ Forensic Professional (FEWA) renewed and valid through 2024. |
| Awards / Recognition |
|---|
| • “Polished Apple” Award Recipient (2 years), honoring the commitment to students at California State University, Northridge (CSUN) • “Certificate of Appreciation for Outstanding Service,” FEWA- Forensic Expert Witness Association • The University of Southern California, School of Journalism, Special Excellence Award for Outstanding Achievement in Support of School’s Academic Goals • USC Parents’ Association Teaching and Mentoring Award • City of Los Angeles Fire Department’s “Contribution to the Safety of Los Angeles” • Los Angeles County Board of Supervisors “Salute to (undisclosed), for 25th Birthday Celebration of Music Center and Commitment to Performing Arts” • Outstanding Citizen Award, Los Angeles City Council ("There's Nothing Cool About Fireworks") • Distinguished Professor, California State University, Northridge • USC News, “Advertising pyrotechnics” • Extraordinary Service Award, Wilshire Chamber of Commerce • FEWA (Forensic Expert Witness Association), Certificate of Appreciation for Outstanding Service as a Speaker (3 years) • Awards for Best Community Program from Publicity Club of Los Angeles (2 years) • Award from California League of Cities • Belding Award, Advertising Club of Los Angeles • PRSA (Public Relations Society of America) Award • Joseph Roos Community Service Award, PRSA (Public Relations Society of America) |
| Publications and Patents Summary |
|---|
| Expert has a number of publications regarding advertising, marketing, and media. Plus two marketing blogs. |
Fields of Expertise
business, advertising, business development, business management, business strategy, communications path, false advertising, distribution, globalization, international trade, Internet advertising, Internet, Internet marketing, marketing, marketing mix, mulitmedia communication planning, promotion, service marketing, deceptive advertising, market research, media, breach of contract, contract, intellectual property damage, Lanham Act, stealing trade secret, trademark infringement, unfair competition, hospitality, campaign, entertainment intellectual property, creative strategic marketing, strategic marketing, entertainment marketing, cross marketing, business analysis, business process management, customer segmentation, gap analysis, search engine optimization, Asia-Pacific market, market, advertising perception survey, conventional licensing, customer satisfaction, market development, e-business strategic planning, e-tailing, retailing, market positioning, entrepreneurship, business operations, Web design, marketing brand management, marketing database, trade show, consumer purchasing behavior, distribution channel, strategic market planning, market assessment, consumer survey, consumer demographics, marketing communications, public relations, World Wide Web programming, market trend, market potential, food marketing, business intelligence, competitive intelligence, food product development, General Agreement on Tariffs and Trade, joint venture, consumer product packaging, consumer product marketing, consumer product label, process planning, international marketing, consumer product labeling, food package, market forecasting, corporate strategic planning, competitive analysis, product development cycle time, new product market survey, technology evaluation, new product design, medical equipment marketing, household product, strategic planning, food, strategic research planning, food product