Since 2005, Rhonda Harper has been retained by 95+ law firms as an expert witness. Harper's 25+ year experience includes being a former Fortune 100 Chief Marketing Officer, Adjunct MBA Marketing Professor, Management Consultant, and Serial Tech-Entrepreneur.
Harper's executive experience is in consumer package goods, retail, transportation, and apparel. Her consulting firm served many Fortune 500 clients. As an entrepreneur, she founded Penrose Check-In Services and Whimiy.com.
Rhonda Harper has been retained in the areas of Lanham Act Trademark, Trade Dress, and Advertising (e.g. Likelihood of Confusion, Secondary Meaning, Genericness, Dilution, Misleading Advertising), Defamation, Commercial Reasonableness, Licensing, Retail Merchandising, Misleading Advertising, Fraud, Zone of Expansion, and more.
As an expert witness, Rhonda Harper has been deposed ~50 times and testified in ~20+ trials and arbitrations. Courtroom Qualified: Federal, State, Jury and Bench, JAMS, TTAB, DE Chancery, International. Class Action Cases. Virtually all Circuits covered.
Rhonda Harper's expert witness fees are $550 per hour or $275 per hour for non-working travel time.
Harper requires a $7,500 - or 50% of estimated expert witness fees - upfront as a non-refundable retainer. All invoices must be paid prior to receipt of the final, signed report.
Deposition and trial fees are estimated and are due two weeks prior to event. If the event is canceled or changed for any reason, the fees are not refundable. Reconciliation of fees occurs within two weeks of the event.
Harper travels business class, with travel costs paid upon receipt.
More info: https://linkedin.com/in/rhondaharper
Estimated fees by project type
Lanham Act Surveys
Surveys begin at $30,000 plus sample cost, usually estimated at $5,000, and take 4-6 weeks to complete. If the timeline is less than four weeks, a survey may be completed for a rush fee. The 50% upfront nonrefundable payment is for the survey's design, fielding, and oral top-line findings. Based on these findings, the client may or may not request a final, written report.
Rebuttal and 'white paper' briefs, depending the the topic and substance, begin at $15,000 and take 2-12 weeks to complete.
How to Get Started & What to Expect
- Contact Rhonda Harper by calling 214-244-4608
- Conduct a conflict check
- Provide a case overview and timing requirements
- Specify your expert need
- Rhonda will provide you with her approach and capabilities on the matter
- Rhonda will provide you with an estimate of fees and timing
- Rhonda will send an engagement letter, or respond to one of yours
- Once the letter of agreement is signed and upfront, non-refundable retainer paid, Rhonda will schedule a kick-off call
- Based on the call, Rhonda will send an action plan complete with a calendar of activities that specify when your input is needed, and what type of input she requires
- Work begins
- Work completes
Bodum USA, Inc. v. A Top New Casting, Inc. - $2 Million Win
Rhonda Harper conducted one trade dress survey and provided two rebuttal reports.
Tinnus Enterprises, LLC and Zuru Ltd. v. Telebrands Corporation - $30 Million Win
Rhonda Harper conducted three surveys and provided two rebuttal reports.
B.A.G. Corporation v. Sheldon Containers Inc. - $90,000 Win
Rhonda Harper provided consulting and an expert report.
Select Case Parties
Within Harper's work as a legal expert witness, she has worked on cases involving: Abercrombie and Fitch, American Airlines, Ben Bridge Jeweler, Big Lots, Black & Decker, Blanchard Training and Development, Bodum, Cellular South, Coca-Cola Company, Expedia, Groupon, Grupo Bimbo, Hallmark Cards, Instagram, Interbake, Jarden Corporation, JC Penney, L'Oreal USA, Leadership Studies, Levis, Loblaw's, Michael's Stores, Mrs. Field's Cookies, One Hour Air Conditioning, PepsiCo, Redbox Automated Retail, Ross Dress for Less, Sears, Stonefire Grill, Telebrands, Texas Roadhouse, Traxxas, Yves Saint Laurent, and many more.
Select Legal Clients
Some clients, many who have hired Rhonda Harper as an expert witness more than once, include: Akin Gump Strauss Hauer & Feld; Albritton Law Firm; Anderson & Anderson; Barnes & Thornburg; Brinks Gilson & Lione; Brunini, Grantham, Grower & Hewes; Colley Shroyer and Abraham; Cox Wootton Lerner; Collen IP; Foster Pepper; Greenberg Traurig; Hartline Dacus Barger Dreyer; Kirkland & Ellis; Lowe Hauptmann Ham & Berner; Madden & Madden; Merchant Law Group; Morris Manning & Martin; Morrison & Foerster; Mullin Russ Kilejian; Munger Tolles & Olsen; Niro Haller & Niro; O'Melveny & Myers; Paul Hastings; Pennington Law; Shackelford Melton & McKinley; Sheef & Stone; Sheehy Ware & Pappas; Sloan Matney; Spangenberg Shibley & Liber; Vedder Price; and, Zuber Lawler & Del Duca.
About Rhonda Harper
FORTUNE 500 EXECUTIVE - Heading strategic planning, marketing, branding, research/insights, in-store merchandising, creative services, innovation, trade marketing, shopper marketing, and communications for all lines of business worldwide, Rhonda Harper is the former:
- Walmart Officer (one of only 120 people - and one of only 14 women - worldwide) and CMO/VP of Marketing for Sam's Club ($40 billion)
- Officer and CMO/VP of Marketing for VF Corp / VFI ($1.5 billion - at the time the world's largest apparel manufacturer)
She is also the former:
- Global Director of Marketing Communications for UPS, all lines of business worldwide ($70 billion)
- GM/SVP, Ketchum Communications (3rd largest public relations firm in the world), leading Dallas and Atlanta offices responsible for the 2nd largest P&L worldwide
- Brand management, marketing, and promotion executive with Nabisco Biscuit ($4 billion - Oreo, Ritz, Chips Ahoy!, Triscuit, etc.) and Warner-Lambert ($1.5 billion - Listerine, Lubriderm, Zantac, Benadryl, etc.)
FORTUNE 500 STRATEGIC CONSULTANT - Harper founded and led RTM&J, a strategic marketing and management boutique consultancy from 2002-2010. Her clients included C-Suites for many corporations including: Coca-Cola, Google, IBM, Target, Home Depot, SC Johnson, Russell, Arby's, Kellogg's, Papa John's, HSN, and SC Johnson. Projects included brand repositioning, innovation pipeline development, global web strategy, private-brand strategy, product launch strategy, brand development, and more.
SERIAL ENTREPRENEUR - Harper created the senior care auditing service with the launch of tech-enabled Penrose Check-In Services: checking in on families and reporting to families. It was recognized by AARP and the Geriatrics Society as the best start-up for seniors in 2016, and by winning second place at the Cartier Women's Initiative (a global business case competition co-sponsored by McKinsey & Co.) award in 2017. She also created and launched the first nationwide neighbor-to-neighbor rental community: Whimiy.com. Finally, Harper co-founded Leadership Worth Following, a premier leadership identification and coaching firm in Dallas, TX.
EDUCATOR - With a BS in Education / Math Resource from Illinois State University and and MBA from Emory University, Harper has taught high school math as well as undergraduate and MBA marketing and research at American University, Washington DC and Fairleigh Dickinson University, Madison NJ. She has been a frequent and regular guest lecturer at the College of William and Mary as well as Emory University.
Select RTM&J Clients
Select Companies Founded
Does Expert Witness Rhonda Harper have any assistants or other staff working with her?
No. All work is completed by Rhonda Harper. Harper relies on Marketing Research standards and ethics, experience, and on treatises the leaders in the field.
How does Rhonda Harper determine if she will take on a client as an Expert Witness?
After conflict checks, Rhonda Harper reviews the case to determine if: (1) the case has merit, (2) she agrees with expert's role within the legal strategy, (3) whether she has the expertise and availability to provide value. Harper rejects about one-third of all cases presented as a potential client.
Has Rhonda Harper, or any one of the companies she owns/owned (Harper Street LLC, Rhonda Harper LLC, Whimiy LLC, Penrose Check-In Services LLC, Rhonda Harper Photography) ever sued or been sued?
Does Rhonda Harper LLC carry professional insurance?
Has Rhonda Harper's work ever been restricted by the courts?
Unfortunately, out of fourteen years, 95 law firm clients, and 200 projects, four have been excluded.
(1) One of four surveys for Hogslat was not allowed as the underlying raw data was no longer available. It had been done 4 years earlier.
(2) A non-traditional damages assessment for Tovey was not allowed. Nike would not provide any data for any traditional assessment to be made.
(3) A survey for Pinchers was not allowed as it was a forward survey, not a reverse survey. The client had made a compelling case for the forward survey due to being in a tourist area.
(4) A survey for YellowFin was not allowed due to the location of the survey, the International Yacht Show where alcohol was served. In addition, the client had graphic images of yacht profiles made as it was impossible to get similar images of very expensive yachts.