• Based on my years of experience doing numerous consumer surveys for use in trademark litigation, I believe I understood what Baris was saying and how he did his work. I also know that two survey experts can evaluate the same question and come to opposite results. It seemed that none of the lawyers in the room were greatly familiar with the survey process or the jargon used. That made his testimony somewhat difficult to follow.
• He testified that because he took a “hands on” approach with those who participated in his research, he had a good idea what they were thinking and that outside factors like press coverage of candidates were baked into his results. He testified that some participants told him they did not vote in person as planned because of “the problems.”
• Cross examination of Baris consisted of establishing that his company was not well regarded by others in his industry, that polling aggregator FiveThirtyEight graded Big Data Poll with an F, and that the firm was not a member of any trade associations in the industry.
• Baris responded that it was more important to be right than popular and that he did not see the value in paying dues to an organization or joining a clique in the industry.
[This is just a taste of the lengthy notes Clifford has provided at Power Line. Be sure read through it all. — Ed]
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