In cases when a dispute arises between a client and their marketing agency over the performance of PPC campaigns, which results in losses and potential future earnings, breach of contract and/or negligence is often stated.
In such disputes, David will act as an independent PPC Expert Witness on behalf of the claimant or the defender.
David will take time to fully understand the background of the case. He will then review all the evidence provided by the instructing party.
Where available, David will access Google Ads (formerly Google Adwords), Google Analytics and Microsoft Advertising (formerly Bing Ads) to interrogate the raw PPC data in order to extract additional evidence for use in his reports and to help form an independent opinion on the dispute.
The following areas can be analysed and considered when preparing evidence for inclusion in liability reports:
David will act as an independent Pay-Per-Click expert on behalf of the claimant or defender, or as a joint party expert. He has assisted in several cases seeking over £1 million in damages.
He has been involved in pre-action claims and lodged cases spanning periods of 3 months to 2 years and is open to accepting Letter of Instructions.
David is comfortable in discussing cases with solicitors and Counsel and asking clients questions in order to gather additional information which corroborates or disproves the claim. He is also at ease in conducting interviews with relevant witnesses to validate evidence provided to him.
Furthermore, he will accept instructions from UK legal firms and from other English speaking countries, and will comply with the respective country law.
Reports produced by David to be used in evidence are Civil Procedure Rules (CPR) compliant and include a signed statement of truth.
Furthermore, David will also provide additional documented evidence and 3rd party industry whitepapers or reports to support his opinions in the liability report.
His typical expert liability report structure consists of:
David fully understands that he has a duty to exercise reasonable skill and care when acting as a PPC Expert Witness and that his overriding duty is to assist the Court.
He acknowledges that he may be required to provide oral evidence during court proceedings as part of his duties, and this may extend to hot-tubbing with the opponents expert witness at trial.
David has over 20 years of consultancy experience working for worldwide marketing agencies and is the founder of a digital marketing agency focussing on data-driven marketing, marketing strategies and Google penalty recovery.
He has held executive board positions in companies operating in cyber security, financial data analysis, marketing and IT consultancy.
His client portfolio spans the globe and covers a range of sectors, from advising insurance organisations and law firms in the USA, working with tobacco companies on the sensitive matter of promoting E-cigarettes using PPC campaigns in the UK and Europe, to assisting solicitors in the UK on Adwords marketing disputes.
David has prior knowledge of the standards expected of a PPC practitioner, his experience includes:
David appreciates the obligation of accepting a Letter of Instruction to act as a PPC Expert Witness and that immunity offered by courts is not absolute.
To provide a degree of reassurance to the parties involved, he is insured by Hiscox to undertake and produce independent paid search expert witness reports.
To speak with David in relation to a dispute you have, please call 07710 482267.
You can also contact him by email on firstname.lastname@example.org – please provide a brief overview of the case in your email. Any details disclosed will remain confidential.
A PPC Expert Witness is also referred to as Paid Search Expert Witness, SEM Expert Witness or Adwords Expert Witness.
Their task is to analyse the historical performance of the Pay-Per-Click advertising campaigns on Google Ads and/or Microsoft Advertising to establish if one party was negligent or not.
The independent expert will consider several aspects of the campaign in order to form his own expert opinion on whether best practices were adhered to and the account was competently managed, or the marketing agency was negligent in performing their duties.