Search Engine Optimization (SEO) is a business staple in an internet-driven world. Essentially, SEO is the process of enhancing a website’s ranking on a search engine such as Google to drive more organic traffic to the site.
SEO may seem simple, but the reality is far from that. SEO requires a complex knowledge of search engine algorithms, website technical performance, user intent, and hundreds of other ranking factors. While SEO is commonly used for getting online traffic from Google (via high ranks), it is also a difficult field even for tech companies, as the rules of SEO are not self-evident (they change, too, but many factors stay the same) making it difficult to provide actionable technical advice. This becomes particularly pronounced when SEO crosses paths with litigation — especially litigation involving trademarks, intellectual property claims, or unfair competition claims. For attorneys representing such cases, understanding how search engine rankings can impact a business is extremely important in proving intent, damage, or liability. SEO often occupies a central — but poorly understood — place in legal arguments, whether a competitor uses misleading keywords to pull off traffic or one party violates someone else’s intellectual property in online content.
EXPLAINING SEO TO JUDGES, JURORS, AND (EVEN) LAWYERS
In such cases, the attorney must understandably deliver the SEO evidence for judges and juries. They must rely on SEO expert witnesses to both acquire and understand the facts. Search engine optimization, after all, is a complex system that could be alien to those outside the digital marketing domain. This is where an SEO expert witness like me can be worth our weight in gold. SEO expert witnesses demystify the technical complexities of SEO by showing how they relate to the relevant legal claim. An expert witness in search engine optimization may look into how certain keywords or website optimizations were deliberately manipulated to lead search engines astray and deceive consumers in the case of trademark litigation. An expert in these cases can demonstrate how copied or stolen content has affected search engine results and financially hurt the original content creator.
For lawyers, an SEO expert can reinforce the law by providing the facts AND a framework for understanding what those facts mean. Expert witness testimony is particularly helpful when it comes to establishing something like intent, harm, or causation — factors that often determine the outcome of a case. An example of this would be if a competitor intentionally used another company’s trademarked terms in their website optimization, and an expert witness can verify that intent by analyzing the data. In cases of unfair SEO practices that cause companies to incur damages, the expert can help given evidence of damage via considering the reduction in traffic, loss of ranking, and sales.
In the digital-first economy of today, SEO-related spats have far-reaching consequences. Disruption in any way due to unfair practices can bring huge losses to the business that invests a lot in such SEO strategies. Engaging an SEO expert witness offers attorneys the opportunity to back their findings with facts to construct a compelling argument explaining how SEO plays a role in the case in question and impacts the legal outcome. SEO is complicated; despite this, its complications can be sorted out if done by a true expert in the field, and such experts can highlight what the facts mean. For lawyers dealing with digital competition or IP matters, an SEO expert witness can be a critical tool—not just useful but often vital for achieving a positive outcome. If you’re an attorney looking for an expert witness in SEO, reach out for a free consultation.
