I occasionally take on consulting work, primarily litigation consulting for cases that have the potential to directly impact consumer privacy issues or otherwise have a compelling public interest aspect.
In order to avoid conflicts of interest, I do not provide consulting or advice for private companies, including startups.
I’ve worked as a litigation consultant and expert witness since 2009, almost exclusively for the Federal Trade Commission, state-level attorneys general, and other public clients. I’ve been deposed as well as testified at trial.
My consulting focus is primarily on consumer privacy issues and user interface issues related to deceptive and manipulative interfaces (dark patterns!).
Two of my cases are a matter of public record:
FTC vs. Amazon (2:14-cv-01038-JCC) – 2014
I completed an expert report, rebuttal report, and was deposed. My expert report provided a heuristic analysis of the in-app purchase process as well as an analysis of thousands of customer complaints. The case was decided on summary judgment in favor of the FTC, finding Amazon liable for unauthorized in-app purchases by children on the Kindle Fire tablet.
FTC vs. Commerce Planet (8:09-cv-01324-CJC(RNBx)) – 2011
I completed an expert report, rebuttal report, was deposed, and testified at trial. The substance of my report was a heuristic evaluation of a portion of the Commerce Planet website to determine the clarity and conspicuousness of negative option marketing disclosures to consumers. The case resulted in a permanent injunction, restitution, and disgorgement against the defendant for deceptive and unfair practices violating Section 5(a) of the FTC Act.