Don Smith

American Consulting Group, LLC
1329 Taughannock Boulevard
Ithaca, NY 14850
Web Site
Phone: (607) 272-9111
Fax: (607) 272-5588
 Don  Smith

Nationally known marketing & sales expert. 40 years as an executive, consultant, Cornell MBA faculty (part-time) & seminar leader. Focus:
1. Lost sales, share & profits.
2. IP. Patents, trademarks, copyrights & trade secrets.
3. Distributors, dealers, reps & agents.
4. Marketing-sales effectiveness.
5. Market research. Market size, share, growth & key trends. Competitive sales, share and strategy.

Excellent legal references. 42 legal engagements, 35 written reports, 11 depositions, 3 jury trials & 2 arbitration hearings.

Summary of qualifications:
1. Marketing consultant since 1989. Clients range from family-owned businesses to Fortune 1000 companies including AT&T, Borax, ITT, Lockheed-Martin, Motorola, Panama Canal, Rubbermaid, SKF, Snap-on Tools, Toshiba & Volvo Trucks.
2. 25 years middle and executive management with Fortune 500 companies.
3. Nationally known public speaker. University associations include Cornell Graduate School of Management; voted by students as top-ten faculty. Seminar leader for American Management Association; attendees voted as "best of the best."
4. BS in Mechanical Engineering from Carnegie-Mellon and MBA from University of Pittsburgh.
5. Outstanding legal references based on my reports, depositions and testimony at jury trials & arbitration hearings.

Special reasons for my success:
1. My opinions are based on a combination of my in-depth expertise and market research. My opinions are definitive and stand solid.
2. My training and public speaking experience permit me to explain complex subjects to juries.
3. I listen, do my homework and meet deadlines.

Background

Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: BS Mechanical Engineering, Carnegie-Mellon.MBA, University of Pittsburgh.

Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: American Marketing AssociationAmerican Management Association

Q: Please list any teaching or speaking experience you have had, including subject matter:
A: Cornell Graduate School of Business. Part-time faculty. Students voted as top ten faculty.
1. Business-to-Business Marketing
2. Business Strategy
3. Executive Development Program
4. USSR Union Managers Program

American Management Association. Course developer and leader. 3.85+ scores on 4.00 scale.
1. Marketing-Product Management
2. New Products
3. Managing Distributors & Dealers

University of North Carolina Executive Program. Course developer & leader. One of very few non-faculty course leaders. Business-to-Business Marketing.

University of Wisconsin. Part-time faculty. Marketing Research.

Milwaukee School of Engineering. Part-time faculty. Business Statistics.




Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No

Q: On how many occasions have you been retained as an expert?
A: 45

Q: For what area(s) of expertise have you been retained as an expert?
A: Define business economic loss. Lost sales, share & profit.Intellectual property. Patents, copyrights, trade names, trademarks, trade secrets.Distributors, dealers, representatives & agents.Marketing and sales effectiveness.Marketing research.Define market size & growth, competitive share, price levels, key trends. arketing, marketing research, sales, distributor contract dispute and intellectual property.

Q: In what percentage of your cases were you retained by the plaintiff?
A: 56%

Q: In what percentage of your cases were you retained by the defendant?
A: 44%

Q: On how many occasions have you had your deposition taken?
A: 10

Q: When was the last time you had your deposition taken?
A: July 2007

Q: On how many occasions have you been qualified by a court to give expert testimony?
A: 11

Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 5

Q: For how many years have you worked with the legal industry as an expert?
A: 45

Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Written reports, oral reports, case research, testimony, market research, consulting.

Q: What is your hourly rate to consult with an attorney?
A: $290

Q: What is your hourly rate to review documents?
A: $290

Q: What is your hourly rate to provide deposition testimony?
A: $290

Q: What is your hourly rate to provide testimony at trial?
A: $290

Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Out of pocket expenses, at cost.

References

Complete list of references available on request

Laurel Eveleigh, Partner
Devorsetz Law
Syracuse, NY
315-442-0100
General Data v Solvay Paperboard. Software for paper mill operations. Licensing & copyright. Report and deposition.

Blake Boulden, General Manager, Spenco. Plaintiff.
Waco, TX
254-772-6000
Spenco v Implus. Insoles for shoes. False advertising. Define market and competitive shares. Report.

Najia Kerrin, Partner.
Bowman & Brooke.
Phoenix, AZ.
602-643-2321
Pineapple Grove Designs v Cenveo. Literature quality impact to new product launch. Report, deposition and trial.

Jon Christiansen, Partner
Foley & Lardner
Milwaukee, WI.
414-271-2400
Presentation on evaluating distributors at conference sponsored by Foley & Lardner.