What else is your jury consultant seeing in mock trial deliberations? As we have been discussing, there is a wealth of meaningful, interpretable data hidden in the gaps in a mock trial deliberation. In addition to measuring articulated verbal content (written and oral), it is important for consultants to read meaningful behavioral indicators of how mock
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As a New York-based litigation consulting firm, one of the things we at DOAR are most known for is our work on high-profile Wall Street white collar crime cases. Partly because of these experiences, we were riveted by Marc H. Simon’s documentary about the convicted fraud Marc Dreier called Unraveled. This documentary takes place during
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How do you prepare a witness when a tough cross looms on the horizon? As we have been discussing, it is often possible to teach a witness to do more than present a strong defense on cross. Sometimes your witness can also present a strong offense. In a situation when you expect a particularly difficult
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Anyone can teach a witness how to hold the line on cross examination, but can you go farther and actually teach your witness to come out ahead while being cross examined? Here are the techniques that we recommend for teaching your witness to take advantage of opposing counsel’s cross-examination: Wait For Your Pitch The first
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IDG News asked experts on the legal system, patent litigation and the smartphone market what they made of the Apple v. Samsung case as the jury begins deliberations. Read what our expert, Roy Futterman, had to say here.
It is easy to over-think jury selection, especially when one listens to the plethora of theories and techniques of people who think way too much about it, like, say, the writers of this blog. To remedy this, here is a simple guide to how to pick your favorable jury by focusing on the most basic
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When you want to know what people think, why not just ask them? Seems simple, right? It would be, if it worked. In April, psychiatrist Robert Spitzer retracted his study in which he had alleged that homosexuals could convert to heterosexuals. He stated that he had erred in relying on supposedly converted people’s self-reported stories
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When preparing for the defense of a labor and employment case that is headed toward trial, companies are often faced with a common problem: The defense is based on the testimony of a variety of employees, most of whom are disinterested in the trial and appalled at the prospect of testifying. When faced with this
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“This case appears to be the end of a marriage,” said Santa Clara Superior Court Judge James Kleinberg, before the start of the Hewlett Packard v. Oracle bench trial. With that statement, we can see the narrative context within which he will interpret some relatively vague contract language to decide whether there is a viable
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Here at the OpenDOAR blog, we are hardcore strategy fans, and not just when it comes to trial strategy. We are game theorists who especially love extreme strategy, by which we mean strategies that are so ambitious and outside of the norm that they change the very game they are in. Today we have an
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