Engaging with Toy Industry Expert, Professor Lynn Rosenblum

Professor Lynn Rosenblum takes us behind the scenes of expert witnessing in the toy industry, revealing how deep subject matter expertise transforms into compelling testimony. Her path from Mattel's Director of Marketing to Associate Professor of Toy Design at Otis College has given her a unique vantage point on the industry she loves. Drawing from experiences manufacturing toys in eleven countries and working with companies of all sizes, she brings unparalleled knowledge to her role as an expert witness. "I am the history of toys," she shares, highlighting how her lifetime of experience creates authoritative testimony.

The conversation delves into practical wisdom on navigating depositions with confidence, building rapport with legal teams, and balancing academic responsibilities with expert witness engagements. Her approach to preparation stands out—reading every document, examining physical samples, and maintaining professional poise under pressure. For attorneys, her insights on working effectively with experts prove invaluable, while professionals considering expert witness work will appreciate her candor about billing practices, preparation routines, and maintaining ethics throughout the process.

Whether you're a practicing attorney seeking to better understand the expert witness perspective or a professional wondering how your specialized knowledge might translate to the courtroom, this episode offers both practical guidance and inspiration. 

Ready to discover how expertise becomes evidence? Listen now, and learn why knowing your subject matter deeply remains the foundation of effective testimony.

Transcript

Meet Professor Lynn Rosenblum

Noah Bolmer 0:01

This episode is brought to you by Roundtable Group, the experts on experts. We've been connecting attorneys with experts for over 30 years Find out more at roundtablegroupcom. Welcome to Engaging Experts. I'm your host, noah Balmer, and today I'm excited to welcome Professor Lynn Rosenblum to the show. She's the Associate Professor of Toy Design for Otis College. Professor Rosenblum has over 40 years of experience in consumer products and holds an MBA in Marketing from USC. Professor Rosenblum, thank you so much for joining me here today on Engaging Experts.

Professor Lynn Rosenblum 0:40

I am so excited to be here, noah. No, thanks so much for having me.

Professor Lynn Rosenblum 0:56

Of course let's jump into it. So you have been in consumer products for decades, including an eight-year stint as Mattel's Director of Marketing. But how did you first become involved in expert witnessing? Interesting enough, I've gotten involved. You know how they have experts that are like fact witnesses for companies.

Professor Lynn Rosenblum 1:10

So I had a couple companies that I was at and I don't really want to say which ones and those particular companies were involved in lawsuits, and in some cases I wasn't even involved with the product or the item in question, but they deposed. You know how it is sometimes, because we are involved in this particular business, they'll come in and just depose everyone, and that's kind of what happened in these two cases depose everyone, and that's kind of what happened in these two cases. And so I'd say those were, you know, very early cases. Perhaps I'm dating myself 1990s, early 2000s, and I'd already been in consumer products and toys for many years at that point. So it was just a good place for me to kind of get grounded and understand what a deposition was. I had never done one personally, which I think is a good thing, and so I had to do them as a fact witness for two different companies.

Professor Lynn Rosenblum 2:22

So that was kind of the start and then, as to the particular question, doing it more professionally, I just had someone come and ask me are you an expert in this particular subject area? I'm not going to tell you what that area was, except I'll give you a couple areas I'm an expert in, and maybe you can guess and don't guess, but you know, like I'm an expert in dolls, I'm an expert in stuffed toys, I'm an expert in Polly Pocket, I'm an expert in trolls and troll dolls not those kinds of trolls, and so you know. The person came and asked me you know, are you an expert in teddy bears? We'll use that example. And I, of course, said yes, because I'm an expert in that too. And that's where I really started, I guess, getting my experience and doing actual expert witness, where I was doing it for a particular case.

Noah Bolmer 3:29

Did somebody come in and show and you know, show you the ropes at all? Did they say, hey, here's some of the things to expect, these are some of the things that are going to happen and this is how you're going to prepare, or did you just kind of hit the ground running?

First Steps into Expert Witnessing

Professor Lynn Rosenblum 3:41

Well, the first fact witness case that I did was at a very large company. They had, you know, a team of lawyers and one of them in particular was a lady I really admired. I'd done some licensing work with her, doing contracts, and she was very smart and she was kind of the first person to go through and tell me what to expect. Interestingly enough, that experience I think learning from her I learned the most. I've had a lot of great lawyers that have trained me since then, but she was the tops and over the years that particular experience let us work together more at that company and it spawned a friendship that's been decades long. So I'm really grateful for that kind of first experience.

Noah Bolmer 4:35

Now, as somebody who has been a fact witness in other words, a person who is in some way tied to the facts of the case, and an expert witness, which is obviously somebody who is brought in for their specific knowledge Do you find that there's a lot of crossover there between being a fact witness and an expert witness?

Professor Lynn Rosenblum 4:54

Being a fact witness in the beginning really helped me just understand what a deposition is, so that's more valuable what it was for. Deposition is, so that's more valuable, what it was for. But you know now, I think, what carries me through. I hate to say this is my age, you know. The older you get, I think, the smarter you get. And if you stay in a particular industry which again I do consumer products, but really toys are my specialty you could say I've been doing this for 40 years, but at the same time, if I count from birth to like 20, I was playing with toys then or doing things that were toy related, so I'm going to say I have almost 70 years of toy experience.

Noah Bolmer 5:43

So let's talk about some of those initial phone calls. Somebody calls you up, says, hey, I need a toy expert, I need somebody who has worked on, you know, substances like like Flomengak, which you had a hand in in your Mattel days. What are some of the questions that you ask to make sure that you, that it's going to be a good fit, that you're the right expert for this particular case, and what are some of the questions that newer expert witnesses can expect to be asked by the engaging attorney?

Professor Lynn Rosenblum 6:14

So I think one of the first things is just to and some of this may seem like common sense, but honestly, you know someone calls you being an expert witness can be quite lucrative. So I think some folks that I've talked to are interested in being expert witnesses. There's a tendency to want to rush into it and what I always say is get a good understanding of the case is first and foremost. That's the first thing that you should do in an expert witness case. It's super important. You have to be able to have it be something that you can get behind and when I say get behind, the case may go for three days, three months or three years. So you have to have a really good understanding of the case, a good understanding of the position and the place that you are going to be in it, and you have to have, I think, a clear distinction of who you will be working with.

Professor Lynn Rosenblum 7:19

You know some places have huge law firms. Some have a single lawyer. I think it's always helpful. I am fine if I work with different people through the process, but I always like to know those kinds of things up front. Sometimes they don't know, and I always give them a chance to let me think because, again, it's a real commitment to go on one of these cases and have a particular position.

Noah Bolmer 7:49

It's interesting. You bring up trial teams and the composition of a trial team can be quite large. It can be a bunch of attorneys and paralegals, perhaps assistants, other expert witnesses. What's it like engaging with some of those parties and do you have a preference? Do you prefer to work on a small trial team directly with the attorney?

Working with Legal Teams

Professor Lynn Rosenblum 8:09

So I don't really have a preference and I've done both, and a lot of that depends on personality, fit, work style. Obviously, some of the larger law firms that you know in some cases will even have hundreds of people working for them. That's nice because you know there are certain perks and things that go along with that. But I think as long as you're staying close to the case, even if you're working with a team or one person, that's the best way to do it, because you want to be sure what's in your report is what you talk about in deposition and you want to be sure about what you talk about in deposition actually is what you talk about with trial. And even though large law firms are very good about making sure there's that consistency, and oftentimes you will feel like you've worked with one attorney even though you've worked with a team of several. So it really really depends. I mean, I just really enjoy all of the work.

Professor Lynn Rosenblum 9:20

And another thing that I really like to do that kind of goes to the question you asked before is I love to ask for things. You know, if there are things that I think I can utilize for the case, I may want to talk to the head of sales or I may want to have samples of the two products so that I can physically examine them. So I'm always I think the attorneys appreciate it I've always got my list of things that I want and oftentimes when I speak to someone and we're just starting a case, I will ask right away, because I have enough experience after almost 25 cases to know what I'm going to want.

Noah Bolmer 10:07

When you talk about getting samples, I imagine that that would really come into play a lot in products liability cases, for instance. Do you use models or do you use the actual I guess in your situation toys in front of juries?

Professor Lynn Rosenblum 10:22

So a couple things. One is I have not done any product liability. That is really like even a separate area and can get very busy in toys. But I do do a lot of cases where you can really be talking about issues of standard practice in the toy industry. So some of those cases the samples may be used for preparation. You may look at the particular sample and you may be wanting to compare two dolls. You know where they were made, how they were sewn, you know are their looks the same? Was the advertising the same? Was the packaging the same? Where were they sold? The list can kind of go on and on and on. So you're really using those samples many times for me to confirm my opinions. I usually my opinions are usually something that I have right away and they're usually good and thoughtful and true. But I like to have the samples to make make sure.

Noah Bolmer 11:34

Absolutely. How do you get ready for a case, say you're, you're going into a contentious deposition or you're going into a case where there might be some cross-examination. Uh, I have experts who say, you know, they have routines. I like to do yoga, I like to drink coffee or no, I like to fast. You can't eat anything before a case. Do you have any pretrial routines or anything that helps you get ready for the big day?

Professor Lynn Rosenblum 11:59

Good sleep is really important. However, you get that if you have to knock yourself out, you know if you have to drink a certain kind of cocoa. I have my routines. I won't reveal them. But having good sleep, anybody that calls me before a trial or a deposition at, you know, 11 pm the night before one is never going to get me because you wouldn't believe what time I go to sleep, even though I said I wouldn't reveal Plan nutrition. You know, for the person who said they fast, I find sometimes I've talked to other expert witnesses and they're kind of waiting for the attorney so they can prepare For me.

Professor Lynn Rosenblum 12:45

I just do it. I do like ultimate preparation. I read, you know, every piece of paper. You know every exhibit. I try to read the road. I don't try.

Professor Lynn Rosenblum 12:57

I do read the reports, from the rebuttal to my report. I read their depositions. It's a lot of paper and I have heard other experts tell me you know, gosh, you know, like, how do you do that? And I, frankly, I just do it and I let the attorneys, because when I'm sitting in deposition or I'm in trial, I'm and someone puts a piece of paper in front of me and it says in my materials considered that I've seen it. I better be able to say I've seen it Now. You know, once in a while I think there's so much paper you'll take a look at something and maybe it'll take you a minute to recall you know whether you saw it in someone's report, or whether you saw it in deposition, or whether you know, like, where you saw it in your own report. It is a lot, but I try to make sure as much as possible you know to look at everything so that if I'm asked and I can answer I will.

Noah Bolmer 14:09

Absolutely Speaking of reports, let's talk about your report writing strategy. Do you typically have to write an expert witness report for an engagement?

Professor Lynn Rosenblum 14:18

I'd say it's pretty typical.

Noah Bolmer 14:19

What sorts of things go in your expert witness report? Are you handed any kind of a template or skeletal outline when doing an expert witness report, or do you typically generate them whole cloth?

Professor Lynn Rosenblum 14:33

So I generate them whole cloth because I've been doing it long enough. I think you know there are a lot of things that are pretty standard in these. I would say you know your background is standard, although I always take mine and I make it kind of tailored for whatever the case is. You know, if the case is about dolls, then I'll talk more about my doll experience.

Report Writing and Preparation

Professor Lynn Rosenblum 14:59

If the case is more about standard practices in the toy industry. Then I'll talk more about executive roles and how I've used those standard practices. If it's about consumer products, I may go a little heavy on that. You know my background's so vast that I'll kind of hone in on whatever's important for everyone in the case to know about me. I think you know what kinds of documents and things you're looking at is pretty standard. I don't think I'm giving away anything there so. And then I also think that you know your opinions and how you back them up. So for me, different firms have different formats but I usually give it to them and then if they want to put it into their format, that's fine. But yeah, I'm pretty pretty good with all of that now and it feels a lot better. But you know, sometimes it's a surprise. Somebody wants something completely different and it does happen. It's a surprise.

Noah Bolmer 16:10

Somebody wants something completely different, and it does happen. You were talking earlier about reading the expert witness reports or the rebuttal reports from the other side. Have you yourself written rebuttal reports?

Professor Lynn Rosenblum 16:20

I'm trying to think. I know I've written a couple in my career. I think the harder part about that especially in an industry like mine where everybody knows everybody in the toy industry is somebody writes a rebuttal report against you. You have to just you know you can't take it personally. It's, you know, it's what happens. I'd love to say a few more things but I can't. So you know, you just have to trust in your own experience. I have never been on a case where I have been disqualified. So I think that's quite a record and speaks to my reputation. And that is another thing I really try to brand myself is my reputation and my ethics in the industry and how long I've been in the industry. And you know I try to stand on, stand on those values.

Noah Bolmer 17:23

What are some of the things that expert witnesses can look forward to in a long deposition? I've had expert witnesses tell me that they can go four hours, eight hours, sometimes even multiple days, although that does seem to be pretty rare. I've had expert witnesses tell me that depositions are more difficult than the trial itself at times. What's your experience in depositions?

Professor Lynn Rosenblum 17:49

I love them.

Noah Bolmer 17:50

How so.

Professor Lynn Rosenblum 17:51

Well, I was a high school debater I'm trying to remember my I'll give a shout out to my high school, poway High in San Diego, and we won trophy after trophy. I can see a few of them sitting in my office still got them Our speech coach. I think he would say tell them what you're going to tell them, tell them and then tell them what you told them. And I think depositions are a lot like that. And of course, everybody has their own rules for depositions and you know just things like obvious listen to the question. If you are afraid of public speaking, depositions probably won't be the greatest for you. And also, don't think they're being mean or difficult or impersonal with you and don't take it personally. And it's hard. I will tell you one good deposition story, and it's hard. I will tell you one good deposition story.

Professor Lynn Rosenblum 19:02

A particular attorney was questioning me and he kept questioning, questioning, questioning and I wouldn't really give him the answer he wanted. I think we were talking about I'm trying to remember, I think it was about inventing toys, and then he asked me some kind of question along the lines of well, would you ever talk to me about that? Would you ever consider, you know, having a cup of coffee with me and talking about that or whatever, and I was like sure I'll talk to anybody. And then later I'm sure he would deny this and I don't remember his name or anything. But he walked out of the room and he caught me in the hallway and he said you're really good, we're going to have to hire you on our next case. And several years later I did get a call from someone that he had referred.

Noah Bolmer 19:46

As somebody who really enjoys depositions and who has done your fair share of them, is there anything that an otherwise qualified expert can do to improve their performance with things like public speaking, with things like depositions and not being nervous and just being ready outside of the facts of the case and understanding your role as an expert, but just some of the more intangible things like demeanor? What are some of the things that experts can do to improve their overall performance in front of other people?

Professor Lynn Rosenblum 20:30

Oh gosh, that both sets of counsel yours and theirs you know the people on both sides are just really trying to do their job. Sometimes that's a little of a hard thing to think about. I think people think a lot about expert witness as opposing, etc. Lawsuits are very serious, but I think as an expert witness you're there to give opinions and you know that's really important, that you're truthful. You give those opinions without what I would say any kind of bias. So I think it's the same thing in your deposition. You just want to make sure that you're clear-headed. That's why that sleep is so important. I mean, that is the number one rule. Another thing I'd say that's great, because I done it both ways is if you can get them to start at 9 am, that is the best thing that can happen. I have had depositions that have started earlier and I know just having that little bit extra of sleep and time to get ready.

Navigating Depositions Successfully

Professor Lynn Rosenblum 21:46

I'd also say there's the whole personal grooming side of it and you know that is just um, you know, wear something that you're a professional, uh, you feel well, put together something that you might. Um, I just did a big series of lectures for the LA Public Library on the history of toys and I felt really good in a particular suit and a particular I don't know particular, it sounds silly even pair of shoes, et cetera. And I knew when I got up and talked in front of 100 people I felt really good and well put together. So when I had my next deposition, my thoughts immediately I sound like I need a Hollywood stylist or something to be the expert witness in toys. But again, it's just like anything else. If you were to go do something important, you might think, wow, when I wore XYZ, that was great.

Professor Lynn Rosenblum 22:47

So you know, to go to that old I'm trying to remember the first time I heard it maybe it was the 70s, again dating myself but dress for success. You know, go in there. You know, have an attitude that you are going to do your best and you know, do your best and you know that you're really going to knock it out of the park. Sometimes you don't do your best. You know sometimes kind of miss a question or you know I can't think of any time that was disastrous, but I can think of times where, you know, I would say to myself, oh gosh, I wish I'd answered it that way. So that's another piece of advice to first timers, or even people who have been doing this for years, like, don't beat yourself up too much, but do be very, very, very serious about it.

Noah Bolmer 23:43

Let's move to some of the more general. How do you get off on the right foot for a new expert witness engagement? What are the things that both parties, both the expert and the attorney, can and should be doing to ensure an efficient, effective and enjoyable expert witness engagement?

Professor Lynn Rosenblum 24:04

I guess it's just, you know, setting down the expectations and following through as soon as possible, respecting each other's time, being honest, you know. I mean those are all things that I try to do. Again, as I mentioned, it can be a very not contentious, but it can be maybe uncomfortable is the right word with billing and how to do it, etc. I always make sure that those things are very clear in the beginning and I always make sure that I never send a client bill or have a lawyer send a bill to a client until everyone has agreed that. You know those are the particular hours. I try to detail that information. I have changed those hours before If someone said, well, I don't you know. I want to make sure absolutely that everyone is happy with my work and I want to make sure my work is honest work.

Noah Bolmer 25:07

That's a good segue. I'd like to talk about billing for a moment. What is your billing profile like? Do you take a non-refundable retainer? Do you prefer hourly rates or perhaps project rates? Do you have different rates depending on what it is you're doing or traveling? What does your billing schedule look like?

Professor Lynn Rosenblum 25:27

It's different for everyone. And that's another thing is I always establish a relationship for what the client needs. Some companies are small and you know, especially this year with the tariffs, you know half the companies don't know if they're going to get their money or be paid or whatever. Always try to be the one that is you know, regardless, trying to work with them, trying to make them comfortable Again as an expert. They can be comfortable with your qualifications, but it's also really nice if they're comfortable with your working style, your demeanor, your ethics, your values, your ability to be on time.

Professor Lynn Rosenblum 26:15

That's another thing that really surprises me when I've spoken to other experts is just the whole concept of you know being on time. That really should be one of your best skills. I mean, things happen for everyone, but that's just one that's really important because when you're dealing with lawyers, they're billing clients large amounts of money, so you want to make sure that you're there on time. You're to court on time, the deadlines, you're there on the day the expert reports are due, regardless, if you're going to get paid for every single second of the day, you should be available on that day and that way, if they need you for something until those reports are final and in and due. You're ready to assist in any way. You're an integral part of the team. So I don't think there's anything. I try not to be blasé about any of it. I try to be very serious and I am very serious about the whole process.

Noah Bolmer 27:24

As somebody with a full-time teaching job and a sought-after expert witness, how do you manage your time?

Professor Lynn Rosenblum 27:33

I have a lot of late nights, early mornings. I'm very lucky that the primary issues in my expert witness are toy. I do do some other consumer products and I do do some other subject matter, but if it's primary toy and I'm going to teach primary toy, it's hard to explain but it just keeps the brain moving forward. Toy toy keeps the brain moving forward. Toy, toy, toy toy. And because I love it so much and I teach it, it's kind of a natural place for me to be because I'm teaching it and this isn't necessarily the answer to your question, but I think it's interesting is I'm teaching it in the classroom.

Managing Time and Billing Expectations

Professor Lynn Rosenblum 28:24

I told you about doing the lectures at the LA Public Library. So that's teaching subject matter about the toy industry. I'm in a deposition or I'm in trial. I'm teaching about an aspect of the toy industry. So it's I'm always in the teaching role and I, I, I love being a teacher. It's, you know, the, the job I was meant to do in being a professor. I just got promoted to associate professor, so it's a dream and I really enjoy it.

Noah Bolmer 29:03

Do you find that your work as a professor also aids you in performing as an expert witness?

Professor Lynn Rosenblum 29:12

Yes, in a couple ways. One is that I'm not afraid to speak to groups. Two is I'm not afraid to speak to an audience that doesn't necessarily agree with me. That would be my students sometimes. Most of the time they do, of course, and I would say there are other things like just I mean you can have access to many things, but you know, being at a college, there are certain academic resources and such. So the two pair very nicely together.

Noah Bolmer 29:51

Are there any red flags to look out for or even outright negative experiences that you've had as an expert witness that turned out to be learning experiences for you.

Professor Lynn Rosenblum 30:01

I don't know if they were outright negative experiences. What I would say is I'm always learning. I'm always learning different things. Like you know, I've been very lucky, but just you know things about billing arrangements, things about particular subject matter, up front, asking for those things I need, that I alluded to earlier. It's really hard to say, because I've been doing this for such a time now, that those negative experiences, if there are any at all, are so far in the rearview window. There's just, you know, really a lot of fun memories and hopefully those will continue.

Professor Lynn Rosenblum 30:47

I mean, you know, like I said, since I don't do product liability, my particular cases. I'm learning, I'm educating. They are important things to people, it's their brands, it's their products. You know I had a particular case or two where people wanted me to value toy collections and so when people had losses or lost certain aspects of their collection, to value those, you know it's hard to know because some of that value sometimes can be just in the emotional values and that's really important. So that's not hard to know. That actually is more expensive than anything out there that you can monetarily value. So there are, you know, just many, many, many different aspects and I'm always learning, bad or good. It's like oh wow, didn't know that. I'm sure I'll be learning until my very last case.

Noah Bolmer 31:50

Either a pre-show. We were chit-chatting a little bit and you had mentioned Roundtable Group. Have you found expert witness referral agencies to be useful to your expert witness practice in general?

Teaching and Expert Witnessing Synergy

Professor Lynn Rosenblum 32:01

Yes, as incremental. I still get a lot of referrals, you know, on my own or from people in the industry, one thing and another. But having a relationship with the agencies is great, and it's great with Roundtable because they handle a lot of those little behind the scene details, not for the case but for the. What I would say is vetting an expert for cases and then some of the billing arrangements and things they will handle. And I always enjoy the people I work with and the more cases I get from Roundtable, the more people I get to know.

Professor Lynn Rosenblum 32:43

And I got asked to be on the podcast row working on an expert report, you know editing, editing, editing, editing, editing. Maybe some of those days I'm a little more tired or grumpy, but for the most part I find it fascinating and interesting and really exhilarating to be able to share what I would say from my perspective are the truths about my industry. I think where I get fired up is where I see things that patently, I either know are not true or are not, you know, and sometimes it's just something that I haven't experienced or that hasn't been my experience, because toy companies are all different, products are all different, kids are all different, and now we have other target audiences in the toy industry that we serve parents, grandparents and then we have this whole kid adult area, where many products, you know, are collected by adults who are really kids. So it's fascinating and evolving all at the same time.

Noah Bolmer 34:16

Before we wrap up, do you have any last advice for expert witnesses out there or attorneys working with expert witnesses?

Final Advice for Expert Witnesses

Professor Lynn Rosenblum 34:23

Just really know your stuff. And I would say that I came to being in this particular expert part of my career much later and I'm so glad I did it that way because I in fact can now say things with quite a bit of certainty. You know, I've worked on the client side. I've worked on the agency side. I've worked for small toy companies. I've worked for large toy companies. I've worked for medium toy companies. I've worked regionally, all over the United States and the world. I've done manufacturing in. I forget how many countries something like 11 different countries I've done manufacturing in. I forget how many countries something like 11 different countries I've done toy manufacturing in. I understand the licensing process. I've done toy commercials. So I understand advertising. There's like a 360 approach having. It's interesting.

Professor Lynn Rosenblum 35:19

And I'll add this just one aside here I teach history of toys and there is a particular, you know, book and a syllabi, as you would see, for any class. But what I always tell my students is I am the history of toys, toys. At almost 70 years old. I've worked a lot of places, I've seen a lot of toys. You know I was the first person who did this or that and telling them about many of my toy stories and so there, by that, I am an expert in the toy industry. So what I'd say is it's good to start building a career, but make sure you're an expert in the subject matter and build on that. Try to be better, try to read, meet people, network. I've been really lucky to continue in a lot of the same subject matter as well, and the older I get I think I'm more of an expert. Every day I'm still learning, and it's fantastic.

Noah Bolmer 36:25

Professor Rosenblum, thank you so much for joining me here today.

Professor Lynn Rosenblum 36:29

It was so wonderful. I really I love to talk about toys and I love to talk about expert witness, so two of my favorite things. Thank you, Noah.

Noah Bolmer 36:37

Of course, and thank you, as always, to our listeners for joining us for another edition of Engaging Experts Cheers.

Professor Lynn Rosenblum 36:45

Thank you for listening to our podcast Engaging Experts. Our show notes are available on our website roundtablegroupcom.