Day 024 - 15 Sep 94 - Page 02

     1                                 Thursday 15th September, 1994.
     3   MR. MORRIS:  I would like to call Mr. Stephen Gardner.
     5                         STEPHEN GARDNER, Sworn
     6                       Examined by the Defendants
     8   Q.   Can you give your full name?
     9        A.  Stephen Henry Gardner.
    11   Q.   Would you give your address?
    12        A.  I am at the Southern Methodist University School of
    13        Law, Dallas, Texas, zip code 75275.
    15   Q.   Would you give your titles, please?
    16        A.  I am assistant Dean for Clinical Education at the
    17        School of Law.  I am visiting Assistant Professor of Law.
    19   Q.   How should we address you?  Should we address you
    20        "professor" or "dean" or Mr. Gardner?
    21        A.  I would respond to any. "Mr." is fine.
    23   Q.   Just to go a little bit more into your present position
    24        and a little bit of your history, are you licensed to
    25        practise law?
    26        A.  I am licensed in the State of Texas and by the State
    27        of New York to practise law in the State Courts.  I am
    28        also admitted to practise before the United States Supreme
    29        Court and have practised before the United States Supreme
    30        Court, several federal courts of appeal, about five or
    31        six, and about half a dozen trial court level district
    32        courts within the federal system as well.
    34   Q.   Also I believe you maintain now a private practice?
    35        A.  I have a limited private practice representing
    36        primarily plaintiffs in class action law suits on consumer
    37        matters.  I also have a couple of cases in the civil
    38        rights area.
    40   Q.   What is your area of expertise in law?
    41        A.  In law, because of my practice, study and experience,
    42        I have become an expert in false advertising, marketing
    43        issues, specifically the advertising and marketing of the
    44        nutritional values of products.  I also am knowledgeable
    45        above the average lawyer in my country in the areas of
    46        commercial speech as applied to advertising and marketing
    47        practices.
    49   Q.   Outside the strictly legal arena, are you also an expert
    50        in consumer perception of advertising or related issues? 
    51        A.  Yes, I am, but that is as to my work as a consumer 
    52        advocate and consumer protection attorney.  My knowledge 
    53        in that area is expert, but it is as I would apply it in
    54        determining whether or not the laws of the state, or, for
    55        that matter, the Federal Government, had been violated.
    57   Q.   Have you as part of that job made research into consumer
    58        perceptions?
    59        A.  Yes, I have.  I have as to specific investigations and
    60        in general read quite a bit of the literature in the field

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