NRA v. Ackerman, Virginia

Ackerman’s Brief to Compel the NRA to Supplement its Expert Designations

January 23, 2020

Filing Summary

The pleading relates to the designation of expert witnesses by the NRA, and Ackerman’s argument that the designations are deficient.  Of interest, Exhibit A to this brief are the NRA’s expert designations, which include the names of their purported experts it plans to offer at trial, and the topics they will testify to.  Five experts have been engaged by the NRA to provide testimony.

Key Points

  • The first five pages of the NRA”s expert designations (Exhibit A) are redacted, however the Ackerman motion describes the redacted material as “not associated with any expert witness, but simply recite an exaggerated, inflammatory, and false narrative about the NRA’s approach to the case in general.” (Brief at p.3)
  • Gary Goolsby, FTI Consulting, will offer testimony on “forensic accounting; contract damages.”  Of note, the NRA says that “it is anticipated Mr. Goolsby will opine that… [Ackerman] used this agency function as an opportunity for its executives to abuse the NRA by charging unapproved expenses” and that “funds subject to disgorgement exceed $100 million, based on direct damages that include overcharging as well as unjustified expense charging.” (p.9, Ex. A)
  • Robert Fisher, Fisher & Associates, will offer testimony on “public relations; strategic marketing services.” Of note, the NRA says “it is anticipated that Mr. Fisher will opine that [Ackerman] failed to cultivate or leverage media relationships beyond conservative media and was ineffective in advancing the NRA’s public service message.” (p.12, Ex. A)
  • Andrew McLean, Inventus Media Inc., will offer testimony on “advertising; creative services; media planning and placement.”
  • Doug Bania, Nevium Intellectual Property Consultants, will offer testimony on “online / digital media; analytics.”
  • Brian Buss, Nevium Intellectual Property Consultants, will offer testimony on “online / digital media; damages.”