Expert Details

Expert in Advertising, Branding, Trademarks, Publicity Rights, Media, and Advertising Industry Customs and Practices

Expert ID: 725048 California, USA

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Expert is one of America’s most respected marketing-communication professionals. His firm, Expert Consulting LLC, is an advertising and branding consultancy that provides advice and counsel to advertisers and advertising agencies both in the U.S. and abroad engaged in marketing consumer goods and services. In addition, he works with law firms both as a consultant and as an expert witness on cases involving false and misleading advertising, trademark infringement and other branding issues, advertising industry custom and practice, publicity rights and media. He has testified numerous times in state and federal courts, at arbitrations and before the Copyright Royalty Judges of the Library of Congress.

Earlier, he served as EVP/Executive Creative Director at three of America’s largest advertising agencies (Ogilvy, Bozell and BBDO), as President of two of the nation’s best independently-owned agencies (Asher/Gould and Wong Doody), and as President/CEO of the principal U.S. unit of the world’s largest media planning and buying shop (Initiative Worldwide). A long-time member of the Board of Directors of the American Association of Advertising Agencies, he also served as Vice Chairman of the Western Region of the AAAA and Vice President of the Los Angeles Advertising Agency Association.

Expert was the creative mind behind “Don’t Leave Home Without It” for American Express, “Bullish on America” (Merrill Lynch), “Something Special in the Air” (American Airlines), “Not made in ‘Nooo Yawk Ciddy” (Pace Picante), “The Shell Answer Man” and many other award winning advertising campaigns for such clients as IBM, Hershey’s, Baskin-Robbins, Coldwell Banker, Sizzler, Suzuki, Pabst, Sanyo, Mattel, Greyhound and Post. He is particularly proud of the very successful tobacco-use prevention campaign he created and directed for the California Department of Health Services which became the prototype for virtually every anti-tobacco campaign in the world. At Initiative Media, he supervised more than $10 billion in annual media planning and buying for more than 500 clients including Disney, Electronic Arts, Carl’s Jr., Taco Bell, Albertson’s, Acura, Bally’s Health & Fitness, Six Flags, America Online, the United States Navy and Yahoo!

Expert has appeared frequently on television and radio and has been interviewed by The New York Times, The Wall Street Journal, The New Yorker and many other newspapers and magazines on subjects relating to advertising and media. He has taught advertising at Pepperdine University and UCLA Extension, and has guest lectured at the UCLA Anderson School of Management, UCLA Fielding School of Public Health, USC, California State University Northridge, California State University San Diego, California State University San Francisco, Rice University, the University of Houston, the University of Texas, the Thunderbird School of Management, NYU, Stanford and the University of Hawaii.

Over the course of his 38 year advertising agency career, he was deeply involved in the design and execution of many hundreds of studies designed to determine consumer perceptions towards advertising. These studies ranged from qualitative focus groups and one-on-one interviews to extensive quantitative studies, often using state-of-the-art internet surveying techniques. His experience also includes extensive exposure to and analysis of secondary studies conducted by the various advertising agencies he worked at that help form his knowledge, understanding and opinion of how consumers are likely respond to a particular advertising concept and execution.

The first step in the marketing process is to identify the most likely target audience(s) for a product or service. His experience as a world-class advertising strategist includes a full understanding of both consumer demographics and consumer psychographics (lifestyle and value factors). For example, has role as worldwide creative director on the Mattel Toys account, as well as his work on Hershey's, Post Cereals, and the California Department of Health Services anti-tobacco campaigns have all contributed to his extensive knowledge and understanding of the "kid," "tween" and "teen" demographics. Conversely, his work on Merrill Lynch, American Airlines and American Express has given him great understanding of adult, higher-income, better educated target audiences. He is also expert in multicultural demos.

He has been involved with -- often serving as moderator -- hundreds of consumer focus groups for such products as Baskin-Robbins ice cream, Suzuki cars, Pizza Hut, Shell Oil, Greyhound, Pace Picante Sauce, Pabst Blue Ribbon beer, American Express cards and travelers checks, American Airlines, Luna bars, Post cereals, Sizzler restaurants, anti-tobacco, HIV prevention, and drug prevention advertising/PR campaigns... an almost endless list of products and services. He has also been involved in focus groups for many "business to business" products and services, including Autodesk software, Shell plastics, resins, industrial chemicals, Apple computers, etc.

While focusing primarily on advertising and promotion, he has been involved in all aspects of consumer product marketing for products and services in virtually every category. As an advertising strategist and creative director, he played a prominent role in the marketplace success of some of America's most famous brands, including Pace Picante Sauce, the American Airlines AAdvantage Frequent Flyer program, Sizzler restaurants, Hershey's chocolates, Shell, Mattel, American Express cards, Merrill Lynch, SunAmerica and many others.

Understanding consumer purchasing behavior is at the heart of his experience and expertise. Having headed-up major national and international advertising accounts in nearly every product category, his knowledge of consumer purchasing behavior is based on a combination of qualitative research (in which consumers are interviewed on their likes/dislikes, etc. towards various products and services in retail environments), primary and secondary quantitative research (including Expert, Simmons, Scarborough studies), first-hand observation, and via sales results documentation.

As creative head of a number of America's leading advertising agencies -- and as a long-time industry leader and member of the Board of Directors of the American Association of Advertising Agencies (AAAA) -- he is an expert on both what to do and what not to do/what is appropriate and and what is not in advertising. He has been deposed and testified in state court on behalf of the State of California on the deceptive advertising practices practiced by a major tobacco company, and has been a frequent speaker on the issue of advertising ethics as a guest lecturer at UCLA, the University of Southern California, Pepperdine University, Rice University and the University of Texas.

He has been deeply involved with internet advertising almost from its' inception. His account responsibilities at Initiative Partners included AOL and Yahoo!, as well as more than 50 "dot.coms," at the height of the internet craze in the late '90's and early '00's. His consulting practice includes a number of web-based companies that are dependent on advertising for revenue, as well as many marketing companies currently planning and placing advertising on the web. He is expert at both the creative and media aspects of internet advertising.

He defines "Positioning" as where a product or service "fits in the consumer's mind." As such, it is one of the most critical decisions any marketer can make; a faulty positioning can literally drive even the best thought-out product or service to failure. As an communications strategist, he is expert at positioning, and has been involved with product/service launches and relaunches for hundreds of brands in virtually every major consumer (as well as some business to business) categories.

He has more than 40 years of experience in product and service marketing, with oustanding expertise in categories including Travel/Hospitality/Transportation, Financial Services, Packaged Goods, Consumer Electronics, Petroleum Products, Toys/Games, Confections, Media Properties (television, radio, newspapers, magazines, internet web sites, out-of-home (billboards, transit ads,etc.), Quick Service Restaurants (fast food), Casual Dining, Mass Merchandisers (supermarkets, drug store chains, etc.), Specialty Retail (clothing, art supplies, etc.), gaming (casinos), sports (professional and college athletics) and entertainment.

As former President of some of America's top advertising and media management agencies, he is expert in virtually all areas of marketing communications, including advertising, public relations/publicity, collateral design/production, branding and trademark development.

He defines "product positioning" as where a product or service "fits in the consumer's mind." As such, he considers it the first and most important decision that any marketer must make; even the best thought-out and crafted product or service will fail in the market if improperly positioned. His expertise in this area is substantial; more than 40 years of successfully helping launch (and re-launching) major global and U.S. brands in virtually every significant product category.

He has been deeply involved in all aspects of promotion, including publicity, contests and sweepstakes, events, cents-off couponing, guerilla programs including street-teams, etc. for his entire career.

The marketing communications programs in which he has been involved typically are grounded in consumer research, the purpose of which is to understand and measure consumer perception of the product or service being marketed, as well as how consumers view those products and services vis-à-vis competition. As a result of those studies, other proprietary and secondary research information he has absorbed over the course of his long career, and his real world marketplace experience working hundreds of local, regional, national and global companies, he has become expert at how consumers perceive logos and trademarks, particularly in retail settings, both virtual and brick-and-mortar.

He has served as an expert witness in a number of trademark infringement cases, including ones involving logos, signage, product labels and slogans.

Entertainment Marketing: Expert has extensive experience in the area of entertainment marketing. He helped promote more than 100 feature films and home videos for The Walt Disney Company, Broadway shows including "Hello Dolly" and "Porgy & Bess," theme parks (Opryland USA in Nashville, Ringling Bros Circus World in Orlando, Universal Studios Hollywood) and even a major opera company, The Houston Grand Opera.

Advertising and Marketing Ethics: As an instructor and member of the Dean's Advisory Board of UCLA Extension, the largest continuing education program in the U.S., Expert helped implement the inclusion of Ethics as part of the Marketing and Advertising curiculum there. As a long-time member of the Board of Directors of the American Association of Advertising Agencies, he served on a number of committees and panels that focused on the issue of ethics in the advertising, promotion and marketing fields.

Array

Serving as a marketing/media consultant for XM and Sirius Satellite Radio, he established the equivalent advertising value (hundreds of millions of dollars) of the publicity garnered as a result of the deals each company had signed with non-music programmers such as Howard Stern, the NFL, MLB and Oprah Winfrey. He testified in written form, and later at hearings held before the Royalty Judges of the Library of Congress to determine the royalty rate for recorded music played by XM and Sirius.He served as an expert consultant and testified on behalf of the California Attorney General's office at deposition and in state court, helping prove that the R.J. Reynolds Tobacco Company had violated the master settlement agreement regarding targeting advertising to children. He served as an expert consultant and testified on behalf the California Department of Parks in Federal Court, helping prove that a defendant had misappropriated the State of California's rights to the trademark "The Malibu Pier."He served as an expert consultant and testified on behalf of Western International Media in state court, helping determine liability in a dispute with a television station regarding media purchased but not paid for because the agency's client had filed for bankruptcy.Provided expert consultation regarding the value of brands, trademarks, logos and the likelihood of consumer confusion in an Expert Report filed in Federal Court on behalf of the city of Huntington Beach, CA Convention and Bureau.

Expert may consult nationally and internationally, and is also local to the following cities: Los Angeles, California - Long Beach, California - Santa Ana, California - Anaheim, California - Riverside, California - Bakersfield, California - Glendale, California - Huntington Beach, California - San Bernardino, California - Oxnard, California

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Education

Year Degree Subject Institution
Year: 1966 Degree: B.A. Subject: History Institution: Adelphi University

Work History

Years Employer Title Department Responsibilities
Years: 2005 to Present Employer: Undisclosed Title: Manager and Principal Consultant Department: Responsibilities: Expert provides expert services to the marketing, advertising and media industries; he also consults and serves as an expert witness on cases involving false advertising, trademark infringement and other branding issues, publicity rights, media and advertising industry custom and practice.
Years: 2003 to 2005 Employer: (Undisclosed) Title: President Department: Responsibilities: President of Los Angeles advertising agency servicing such accounts as Autodesk software, Dodgers, Alpine Electronics, Luna Bar, MGM Home Video
Years: 1997 to 2002 Employer: INITIATIVE WORLDWIDE Title: President and CEO Department: Initiative Partners Responsibilities: President/CEO of principal domestic division of global, $22 billion media planning and buying specialist agency, servicing such clients as the Walt Disney Company, Carl's Jr., Taco Bell, Albertson's.
Years: 1986 to 1997 Employer: ASHER/GOULD ADVERTISING Title: President, Chief Creative Officer, COO Department: Responsibilities: President, Chief Creative Officer, Chief Operating Officer of Los Angeles-based advertising agency servicing such clients as SunAmerica, Suzuki, Sanyo, Baskin-Robbins, Pizza Hut, Pabst, California Department of Health Services.
Years: 1984 to 1986 Employer: BBDO/West Title: Executive Vice President/Executive Creative Director Department: Responsibilities: EVP/Executive Creative Director of West Coast subsidiary of BBDO Worldwide, responsible for creative development for such clients as Sizzler, Union Bank, Apple International, Fisher Electronics, Dodge
Years: 1967 to 1980 Employer: Ogilvy & Mather, Inc. Title: SVP/Executive Creative Director Department: Various Responsibilities: Creative Executive, responsible for creating advertising campaigns including "Don't Leave Home Without It" for American Express, "Bullish on America" for Merrill Lynch, "The Shell Answer Man."

Government Experience

Years Agency Role Description
Years: 1997 to 2004 Agency: California Department of Health Services Role: Contract Manager Description: He was responsible for strategic development and implementation of CDHS' $25 million per year Tobacco-Use Prevention advertising and public relations campaign
Years: 1995 to 1997 Agency: California Department of Health Services Role: Contract Manager Description: He was responsible for strategic development and implementation of CDHS' $3.5 million per year HIV/AIDS Prevention advertising and public relations campaign
Years: 1997 to 2002 Agency: California Lottery Role: Media Planning and Buying Description: He was responsible for media strategy and implementation of the California Lottery's $10 million per year multicultural advertising campaigns.
Years: 1998 to 1998 Agency: White House Office of National Drug Control Policy Role: Consultant Description: He advised the White House Office of National Drug Control Policy on how to best structure their first paid national anti-drug advertising and public relations campaign.

International Experience

Years Country / Region Summary
Years: 1975 to 1977 Country / Region: Global Summary: He served as world-wide creative director on the Shell account at Ogilvy & Mather Advertising, responsible for Shell television and print advertising in 70 countries. During that period he traveled from country to country, ensuring adherence to strategic goals and executional quality.
Years: 1978 to 1980 Country / Region: Global Summary: He served as worldwide creative director on the Mattel account at Ogilvy & Mather Advertising, responsible for Mattel toy advertising in nearly 70 countries. During that period he traveled from country to country, ensuring adherence to strategic goals and executional quality.
Years: 1981 to 1984 Country / Region: Europe, Latin America Summary: He served as worldwide creative director on the American Airlines account at Bozell & Jacobs, which at that time was responsible for the airline's advertising in the UK, the Caribbean, Mexico and a number of South American countries including Brazil, Argentina, Columbia and Chile.
Years: 1984 to 1984 Country / Region: Global Summary: He supervised development of advertising for Apple Computer designed to run outside the United States while creative head of BBDO/West Advertising, interacting directly with BBDO personal based in London, Sydney and Buenos Aires.
Years: 2000 to 2002 Country / Region: Global Summary: He served on the International Board of Western/Initiative Media, facilitating the merger of U.S.-based Western International Media with European-based Initiative Media. During this period he spent approximately 25 percent of each year in the company's various international offices, including London, Paris, Milan, Sydney, Frankfurt and Sao Paolo.

Career Accomplishments

Associations / Societies
He is a former Vice Chairman of the Western Region of the American Association of Advertising Agencies and member of the AAAA national Board of Directors. In addition, he has served as Vice President of the Los Angeles Advertising Agencies Association. He is currently a member of the Dean's Advisory Board of UCLA Extension and a Director of the Forensic Expert Witness Association.
Professional Appointments
He has held senior management positions at some of the most important advertising firms in the world, including "C-Level" positions at Ogilvy & Mather, Bozell & Jacobs, BBDO, Asher/Gould and Initiative Worldwide.
Awards / Recognition
He has been the recipient of nearly every every major advertising award that exists, including the Gold Lion for creativity at the Cannes International Advertising Festival (twice); numerous "Clio's," One Show "Pencils," and Association of National Advertiser "Effies" for advertising effectiveness.
Publications and Patents Summary
He is a frequent contributor to both on-line and off-line publications that follow the advertising industry, and has been called on for commentary by leading news outlets including The New York Times, the Wall Street Journal, the Los Angeles Times, NBC, CBS, the BBC and CNN. One of the advertising industry's leaders in the development of "social marketing," he authored "How to Create Tobacco-Use Prevention Advertising that Works" for the Brain Institute of the University of Florida. His guide to writing complaint letters, "How to Complain for Fun and Profit," is a best-selling self-help book.

Additional Experience

Expert Witness Experience
He has provided expert consultation and testimony in both Federal and State courts on cases involving trademark infringement, consumer perception of advertising, false and misleading advertising, advertising agency-client disputes, disputes between media companies (e.g., radio and television companies) and agencies and clients. He has also provided expertise and testimony related to the value of publicity in a royalty rate proceeding before the Copyright Royalty Judges of the Library of Congress.
Training / Seminars
Frequent speaker at advertising industry meetings. Guest instructor at UCLA, USC, Pepperdine University, UC Berkeley, University of Texas and many other colleges and universities.
Vendor Selection
He has sourced research suppliers in support of litigation, ranging from survey firms to secondary-source data suppliers.
Marketing Experience
He is expert at how consumers "consume," perceive, and respond to advertising and other commercial messages in media, including trademarks and other forms of intellectual property.
Other Relevant Experience
He is an expert presenter and speaker and an excellent writer.

Fields of Expertise

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