Expert Witness

Expert Witness & Litigation Consulting

Expert Testimony in Digital Marketing, Compliance, and Technology

With more than two decades of leadership in digital marketing, advertising compliance, and consumer engagement, Dan Stratford provides expert witness and litigation consulting services in cases involving digital deception, marketing compliance, intellectual property, and online consumer behavior.

He combines deep technical understanding with practical, real-world experience leading compliant marketing operations across regulated industries — from national B2C and B2B campaigns to influencer marketing and technology patents.

Specific Areas of Expertise

• SEO Expert Witnessing

• Google Ads Expert Witnessing

• Social Media Expert Witness

• Email Expert Witness

Representative Expert Witness Engagements

Sydney Nicole LLC & Sydney Nicole Gifford v. Alyssa Sheil LLC & Alyssa Sheil

U.S. District Court, Western District of Texas (2025)
Focus: Copyright Infringement, DMCA Violations, Misappropriation of Likeness
Retained by the plaintiffs to analyze TikTok, Instagram, and Amazon Influencer Program data.

Dan demonstrated how algorithmic replication and content duplication can divert commissions and cause brand confusion — providing expert testimony on visual mimicry, “first-click attribution,” and consumer perception. His declaration helped preserve the plaintiffs’ federal claims and contributed to a successful settlement.

Mullen Industries v. Samsung Electronics

U.S. District Court, Eastern District of Texas (2025–2026)
Focus: Patent Infringement and Technical Evaluation
As a consulting expert, Dan performed hands-on testing of Samsung’s smartphones and wearables to verify alleged patent infringement of location-tracking and cross-device functionality.
His empirical findings validated key patent elements and helped Mullen’s legal team refine its infringement arguments, which the court allowed to proceed

Noakes v. Department of Homeland Security

U.S. District Court, Eastern District of Louisiana (2022)
Focus: Social Media Conduct and Employment Discrimination

Dan served as a social media conduct and platform governance expert, analyzing the virality and context of online speech and digital evidence authentication. His report clarified platform policy, metadata accuracy, and digital accountability, supporting the defense in a case later dismissed by the court

International Metaphysical Ministry, Inc. v. Wisdom of the Heart Church

U.S. District Court, Northern District of California (2025)
Focus: Trademark and Digital Competition
Dan’s expert testimony refuted allegations of SEO manipulation by demonstrating how Google’s search and autocomplete algorithms work. Using data-driven analysis, he showed that observed results were consistent with organic behavior, not intentional deception — leading to a dismissal with prejudice following resolution

Qualifications & Specialized Expertise
Commercial and Email Marketing Compliance

Dan is recognized as an expert in commercial marketing practices, due care procedures, and email compliance — particularly under CAN-SPAM, FTC deceptive marketing standards, and related federal regulations.
He regularly analyzes whether organizations exercised reasonable professional care in preventing deceptive or misleading email communications, including:

• Opt-in and unsubscribe management protocols
• Sender authentication (SPF, DKIM, DMARC)
• Disclosures, disclaimers, and subject-line accuracy
• Transparent promotional content and avoidance of “bait-and-switch” tactics
• Documentation and approval workflows that demonstrate due care
• His expertise helps courts determine whether deceptive emails resulted from negligence, recklessness, or systemic disregard for compliance.
• Extended Coverage & Regulated Industry Experience
• Dan’s early experience in the home and vehicle extended coverage industry provides rare insight into how language, regulation, and marketing ethics intersect.
• In this sector, companies must carefully describe products such as “extended coverage plans,” “vehicle service contracts,” or “protection plans” rather than “warranties” — distinctions that carry legal and consumer-protection implications.

His background includes:

• Developing compliant marketing and disclosure frameworks for service contracts
• Managing terminology to align promotional claims with contractual realities
• Evaluating scripts, emails, and websites for misleading or deceptive language
• Understanding consumer risk framing and due care obligations in regulated sales environments
• This experience positions him to testify about whether a company’s marketing communications met or deviated from industry-standard due care and whether they reasonably informed consumers of product limitations or rights.
• Digital Marketing and Algorithmic Expertise
• 20+ years of professional experience in SEO, social media strategy, and paid advertising
• Deep understanding of algorithmic behavior and how content is promoted or suppressed across major platforms
• Proven ability to explain complex digital systems — such as influencer monetization, recommendation engines, and affiliate tracking — in clear, courtroom-ready terms

Core Areas of Expert Testimony

• Digital deception and due care in marketing and advertising
• Email compliance and commercial marketing standards
• Influencer and affiliate monetization systems
• Trademark, copyright, and digital brand confusion
• Consumer behavior and perception analysis
• Technology testing and patent-related functionality
• A Balanced, Evidence-Based Approach

Dan’s testimony is guided by a core principle: facts first.

He grounds every opinion in verifiable data, technical testing, or established marketing procedures.

His combination of marketing, compliance, and digital expertise enables him to help courts and juries understand how and why marketing systems fail — and what reasonable due care looks like when they work properly.

Contact

For expert witness engagements or litigation consulting:
📧 dan@stratexdigitalmarketing.com

📞720-985-7945