Traditional advertising used to be so-called “real world.” It’s gone away, and now we have digital-first platforms like Google Ads, Facebook ads, TikTok Ads, etc. — on the internet, on our phones, even on our connected televisions. While this evolution into online ads has opened myriad opportunities for businesses to reach customers, it has also added huge technical complexity.
When legal disputes emerge, be they related to trademark infringement, click fraud, or deceptive advertising, lawyers will need to depend on a digital advertising expert witness to take the complexities of these platforms and explain them in simple terms. A digital advertising expert witness serves a critical function in educating judges, juries, and litigators about the technical aspects and data behind online advertising campaigns. In contrast to more traditional advertising, for which the results might be measured in print circulation or TV viewership, digital advertising is layered with data: keywords, click-through rates, impressions, conversions, targeting strategies, and algorithms. These concepts may feel overwhelming for someone who does not work in the digital marketing industry. That is where a qualified expert witness in online ads comes in — organizing the facts (upon which his or her opinion must be made), interpreting the details, and then laying out the facts in a clear and understandable way to lay people.
Making Sense of Complicated Online Advertising Data
It can be straightforward — platforms such as Google Ads function on complex systems where advertisers submit bids for keywords, configure campaigns, and program targeting variables. These campaigns produce a massive volume of data such as impressions, clicks, CPC, and conversions. This data is crucial for judging the success of a campaign, but it is often the most hotly contested area in legal cases. For example, was a competitor’s use of certain keywords deceptive or did it infringe a trademark? Leaving aside the legal issues, what were the occurrences of word such-and-such and how did it get into the “ad” that appeared on Google.com? Did fake clicks drive up advertising costs and take a toll on a company’s budget? A true expert witness will comb through the data and find valuable insights that might escape less meticulous expert witnesses. Then the expert witness can figure out what tactics were employed, if the parties were following “best practices” (or at least “good practices”) when things went awry, and how these events affected a company’s advertising bottom line or even online reputation. An expert witness can deliver an objective analysis of what actually did happen — and why, for example, by looking at entities like keyword match types, bidding strategies, and the differences in ad placement across networks like Google Search and Google Display Network.
Providing Clear, Factual Evidence
One of the big challenges in digital advertising cases is converting extremely technical data into terms that are comprehensible to a judge or jury. An experienced expert witness should be a good communicator. He or she can distill the complex, data-driven world of online advertising and serve it to you in ways that are clear, concise, and easy to understand. This is a crucial element when it comes to legal proceedings, where a lack of understanding of technical concepts can result in mischaracterization or missed chances to support evidence. As a lightweight example, in a dispute over fraudulent acts, a professional witness might indicate whether an advertising strategy was acceptable or flouted guidelines on platforms like Google Ads or Facebook. An expert will explain how fraudulent clicks happened and the cost in dollar terms in the case of click fraud. Fact-based analysis and conclusions among crash experts help an attorney to formulate a case, and the basis behind an expert’s analysis, conclusions and opinions strengthens a particular claim, giving credibility to the case.
Strengthening the Legal Case with the Actual Facts
A digital advertising expert witness will ensure that no part is overlooked. The right people can break down campaigns, unpack the metrics, and offer context around industry standards, which can be the difference between winning a case and losing one. No matter whether the dispute is around trademark violations, ad misrepresentation, or improper targeting, their insights provide technical clarity to otherwise complex disputes. After all digital advertising campaigns are some of the most technical, data synthesizing endeavors imaginable, just like the complexities of their elements are frequently at the heart of modern court battles. Working with an experienced digital advertising expert witness can ensure that all aspects of a case are thoroughly assessed and accurately presented in court. From campaign details through platform policies, an expert’s ability to distill and explain technical aspects of digital advertising is invaluable in crafting a strong, fact-based legal argument.
