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Advertising Impact Expert Witness

Expert Witness No. 28


Effective consultation and pre-trial preparation services, as well as persuasive testimony
Whether the issue is misleading advertising, advertising impact, advertiser intent, the validity
of advertising expenditures, the prudence of media utilized, or any other aspect of this
Pervasive craft, I can probably help.

Summary Of Qualifications And Experience

My expert credentials are based on 35 years of experience to the present day, for commercial, government, and non-profit clients in all major product and service categories.
It includes local, regional and national campaigns in the US and overseas.

I have served as an expert marketing witness in three significant cases, one argued before an
Administrative Law Judge in a California PUC matter concerning telephone long distance rates, another a civil court prosecution for misleading food advertising, a third before the California State Senate and the California Assembly regarding Channel One.  The side on whose behalf I testified prevailed in all three cases.

My analysis of advertising in a fourth case, against a major health provider, led to acknowledgement by defendant that the advertising in question had, in fact, been misleading.

I recently completed five additional cases.  One involves a suit brought against a new car dealer for false and misleading advertising; another a suit brought against a beverage marketer for unauthorized use of the images of its product which were provided by a photographer under terms of a use agreement; the third, a suit brought against a newspaper for inadequate make-good for advertising allegedly mis-run: the fourth  a suit brought against a major department store which misleadingly advertises a home cleaning service provided by a third party supplier as its own; the fifth, a suit brought against a soft drink manufacturer for using in a merchandising piece a newspaper article praising its product which contained photos of identifiable citizens whose permission had not been secured.

I provided a critical analysis for Public Media Center of the effectiveness and logical foundation of the $89 million Consumer Education Program authorized by the California Public Utilities Commission to facilitate electric deregulation.  In this regard, I testified repeatedly before the CPUC, the State Senate Energy, Utilities and Communications Committee and the State Assembly Utilities and Commerce Committee.

Employment History

From 1996 to the present day, I have been a communications consultant in private practice. 

For a public group, from October 1996 to the present day, I provide marketing and advertising consultation to a variety of clients, including University of California San Francisco School of Medicine, Women Escaping A Violent Environment, Robert Wood Johnson Foundation, Public Health Institute, Americans For Nonsmokers Rights, San Francisco Bar Association, California Nurses Association.

For the California Wellness Foundation, from January through October 1996, I analyzed existing Foundation communications media - internal, external and grantee; identified key constituencies; recommended and implemented new communications strategies; inaugurated the use of e-mail; established Foundation web site; developed literature for all five Foundation Initiatives; coordinated press work for Teen Pregnancy Prevention Initiative launch; provided communications assistance to grantees; established working media relationships.

Employment History Prior To 1991

1956-1962 Young & Rubicam, Inc                                                            
Media Buyer and Account Executive.  Handled media buying activities for a variety of clients in both the New York City and San Francisco offices.  Accepted promotion to Account Executive to handle Kaiser Aluminum and Chemical account in San Francisco

1962-1967 Dancer, Fitzgerald, Sample                                                              
Vice President and West Coast Media Director.  Supervised media planning and buying activities of the Los Angeles and San Francisco offices - a total of $25 million in annual expenditures

1968-1973 United States Peace Corps                                                              
Regional Director and Country Director, respectively, in Colombia and El Salvador, Developed and administered programs in conjunction with host country governments.  Supervised Volunteers and staff '" host country as well as U.S.

1973-1976 OBECA/Arriba Juntos                                                                             
Manpower Manager.  While handling the Chapter XI proceedings of Saturday Review Industries, Inc., joined a Latino community based organization, which had just received a CETA job development grant.  Helped create and execute a marketing program encouraging employers to participate; selected and trained community job developers; coordinated with other CBOs holding similar grants; advocated with Department of Labor and the City and County of San Francisco.

1973-1976 Saturday Review Industries, Inc.                                                       
Vice President, Administration & Management.  Upon returning from overseas, employed to help stabilize as foundering 200-employee publication and its related businesses.  Firm failed after 6 weeks.  Remained to administer its Chapter XI proceedings.

1976-1983 Cunningham & Walsh-San Francisco                                               
Senior Vice President and General Manager.  Rejoined the advertising agency business after and 8 year absence.  Rose from account supervisor to General Manager.  Supervised a staff of 80 and billings of $27 million.

January-December 1984 Therrien, Lizardi & Witte                                                   
Founding partner.  Joined an existing agency partnership and enabled it to enter the San Francisco market while retaining its Los Angeles base.  Doubled billings in five months

1985-1991 Real Estate Limited Partnerships                                                        
Provide fund-raising and marketing services to three Bay Area sponsors of Public and Private Placement offerings-Brichard & Company, Winston Management, Annie's Attic, Inc.  Helped raise $23 million in investor equity; developed marketing campaigns; designed and supervised production of all selling materials - print as well as electronic; trained existing broker/dealer organizations in appropriate selling and recruited new ones.

January 1991-December 1995 United States Peace Corps                                        
Manager, San Francisco Regional Office Responsible for recruiting Peace Corps Volunteers from Northern California, Nevada and Hawaii Identify target audiences - campus, community, corporate, minority; develop and implement area-wide marketing plans; train and supervise recruiting staff.  July-November 1954 serves as Acting Director of National Recruitment in charge of 12 Regional Offices, staff of 160 and $14 million budget.

Personal and Education

Member AFTRA, SAG performing unions, skilled public speaker, Fluent in Spanish, Experienced and successful negotiator

Member Board of Directors - Canal Ministry Alliance, The Marin Institute, Consultant - Seaflow, Commpre

BA, English - Iona College, New Rochelle, NY, Graduate studies toward MA at St. John's University, Brooklyn, NY.

Continuing education studies in Economics at UC Extension.

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