"one of the country's leading experts on law firm marketing" - Lawyers Weekly USA
About Ross Fishman, J.D.
Need a marketing expert witness for a lawsuit or dispute?
It can be difficult to find the right expert--someone who speaks with credibility and integrity to lawyers, arbitrators, judges, and juries. Ross is not a hired gun for the plaintiff or defense, he analyzes the issues carefully and thoroughly, and offers solid, evidence-based opinion, supported by 30 years of hard-fought, in-the-trenches experience worldwide. Ross is a persuasive expert in matters relating to strategy, branding, differentiation, and reputation development; sales techniques and client development; websites, online, and digital marketing, including PPC / AdWords; social media like LinkedIn, Google, Facebook, and Twitter; the history and development of marketing law and other professional-services firms; and many other areas. A credible presenter, Ross has given 500 presentations to law firms and organizations in 25 countries on six continents. He has testified in five complex marketing cases involving branding, websites, firm names, social media, tag lines, Google Ads, and gray-market consumer products.
Impeccable Credentials
“Many people consider Ross Fishman to be the nation’s foremost expert on legal marketing.” - Of Counsel.
A former litigator, marketing director, and marketing partner, Ross's initiatives have received dozens of international awards from LMA, ALA, ABA, and many others. Among the profession's most sought-after marketing and ethics CLE presenters at firm retreats and conferences, he's trained tens of thousands of lawyers and professionals on six continents. A prolific writer, he's authored 500 articles and blog posts and 10 popular books on marketing and strategy.
Called "one of the country's leading experts on law firm marketing" by Lawyers Weekly USA, Ross was the very first marketer inducted into the LMA's "Hall of Fame."
Contact Ross Today
Don't wait!
Contact Ross at +1.847.921.7677 or ross@fishmanmarketing.com for a free phone consultation and case evaluation.
Let Ross help you analyze your issues and shape your strongest case. Possessing an encyclopedic knowledge of the evolution of legal marketing, he can help identify the best evidence and historic precedents, appropriate settlement posture, ideal solution, and tangible next steps.
The sooner you have an actionable plan of action with solid evidence to support it, the better your chances of achieving the most favorable result for your client.
Marketing Expert Witness
A proven, Daubert-qualified marketing expert
Ross is a proven expert in marketing disputes in law and business. He helps law firms and other organizations who are seeking a practical, persuasive, and plain-spoken expert who can help analyze their cases and identify winning legal theories. Proven to offer more realistic assistance than university professors with theoretical knowledge, Ross has been in the trenches for 30 years, marketing and branding hundreds of professional-services firms and organizations. Particular expertise includes, among other areas, branding, social media, digital marketing, websites, and market planning.
Testimonials
- “No one knows legal marketing better than Ross. He was indispensable to resolving our dispute.” Ric Gass, Founder, Gass Weber Mullins, re Habush v. Cannon
- “Ross was an enormous help to our deep understanding and resolution of the dispute. His significant marketing expertise and insight were helpful as we prepared the case for arbitration and also during extensive negotiations over possible terms for resolution. He truly is a legal marketing expert.” Mark Wilson, Member, Moore & Van Allen, re Sink v. Sink
Cases in which Ross has consulted or testified:
1. Robert L. Habush v. William M. Cannon, et al. (Hired by Defense)
- Case No. 09-CV-18149 (Circuit Court, Milwaukee Count, Wisconsin) (2011)
- A leading personal injury firm sought to prevent a competitor from bidding on the firm name in Google AdWords under a state law privacy statute.
- Wrote expert report and testified at deposition for defendant
- Defense won by motion for summary judgment, permitting Cannon firm to bid on Habush firm’s name in AdWords
2. Larry Pitt & Associates v. Lundy Law (Hired by Plaintiff)
- Opposition No. 91210158 (US Patent and Trademark Office, Trademark Trial and Appeal Board) (2015)
- A leading personal injury firm sought to prevent a competitor from using a tag line they claimed infringed.
- Wrote expert report and testified at deposition for plaintiff
- USPTO found in favor of plaintiff, overturning Lundy’s trademark, and permitting Pitt to use their “Remember this number” tag line
3. George Sink Injury Lawyers v. George Sink II Law Firm et al. (Hired by Plaintiff)
- Case No. 2:19-cv-01206-DCN (US District Court, District of South Carolina, Charleston Division) (2019)
- Leading personal injury firm, George Sink Injury Lawyers PA, sued to prevent founder’s namesake son (George T. Sink Jr.) from using his own given name on his new law firm. Claims for trademark infringement, unfair competition, cybersquatting, unfair and deceptive trade practices, and dilution.
- Wrote expert report, developed strategy and settlement parameters, prepared arbitration testimony for plaintiff.
- Settled favorably on the first day of the arbitration. Terms are confidential.
4. Monahan Products LLC d/b/a UPPAbaby, Plaintiff, v. Sam's East, Inc.
- Case No. 1:18-CV-11561-FDS (US District Court, District of Mass.) (2019)
- A luxury stroller brand sought corrective advertising damages for Sam’s Club’s misleading advertising and marketing of diverted products.
- Wrote expert report and testified at deposition for plaintiff.
- Case is pending.
5. Confidential
- Two prominent law firms were involved in a dispute regarding the use of a national firm's new rebrand.
- The smaller firm sued, contending that the national firm's abbreviated name created marketplace confusion in their home market.
- Offered advice and strategic counsel to the defendant larger firm, suggesting the likely outcome as well as negotiation posture and evidence to ensure the optimal settlement.
Fees
Fees range from $450-$750 per hour, depending upon volume, and complexity, and other variables. We can provide a detailed budget upon request.
