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Adopting Conjoint Analysis in Litigation: Measuring Consumer Value in Class Actions and Intellectual Property Disputes | Live Webinar + On-Demand Course Access
Conjoint analysis, long used in marketing research to measure how consumers value product attributes, has increasingly been introduced in litigation as a tool for quantifying economic harm. In consumer class actions and intellectual property disputes, conjoint studies are often proposed to estimate the value consumers place on specific product features, including allegedly misleading claims or protected intellectual property.
Learning Objectives:
- This presentation examines how conjoint analysis can be designed and applied in litigation settings. It will discuss the economic principles behind conjoint methods, the types of legal questions they are used to address, such as price premium or apportionment, and the practical considerations involved in implementing a reliable study. The discussion will also highlight key challenges that arise in litigation, including survey design, attribute selection, market realism, and judicial scrutiny under evidentiary standards.
- Drawing on recent cases and expert practice, the presentation will explore both the promise and limitations of conjoint evidence. The goal is to provide practitioners with a clearer understanding of when conjoint analysis may be appropriate, how it can inform damages analysis, and what issues commonly arise when such studies are evaluated by courts.