Litigation in connection with pharmaceutical marketing has been a hot area for some time, and all signs point toward a continuation of this trend, with a corresponding escalation in billing rates for top talent. Pharmaceutical marketing expert witnesses often help litigators determine how certain pharmaceutical markets respond to the new entry of products, generic products, and price fluctuations. They also design, conduct and analyze surveys to support claims of false advertising, unfair competition, and intellectual property violations, among others. Expert witnesses in this discipline tend to be MBAs, JDs, MDs, and have many years of experience in hands-on sales and marketing within the pharmaceutical industry.
Most pharmaceutical marketing cases are quite large, often with huge stakes not just for clients involved but also for the industry as a whole. As such, pharmaceutical marketing expert witnesses command fairly high billing rates. A sample survey reveals that the hourly non-testifying rates of pharmaceutical marketing expert witnesses range from a low of $200.00 an hour, to a high of $650.00 an hour, with an average rate of about $400.00 an hour. The average testifying rate was $95.00 higher. Expert witness referral firms are constantly recruiting in this area and are well prepared for an up tick in litigation.
Source: Round Table Group
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