The official blog of DOAR Litigation Consulting. Covering litigation issues from discovery to decision. 

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The Tips Of Their Tongues: Interpreting Beyond Self-Report

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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Empathy for the Inanimate: Emotions Guide Contract Language Interpretation in Hewlett-Packard v Oracle

“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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DOAR’s Mock Mock Patent Trial

We told our 23 mock jurors that they had participated in something historic and it was true.  For the first time, DOAR conducted a client-free mock trial.   Given our experience in intellectual property and patent disputes, we invented a patent case pertaining to a hypothetical time-release insulin product.  The inventors were university-based researchers.  The patent’s

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Angry Birds and the New Social Dynamic

We often hear social scientists – professional and amateur – suggest that today’s society of computer-addicted, gaming, texting, plugged-in citizens is more isolated and less social than our less technological and presumably more conversational predecessors.  We hear about the lost art of conversation, and bemoan new skills deficits in interpersonal communication. Some of us have

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Swirling Love at the John Edwards Trial: Embracing and Extending the Other Side’s Trial Strategy

Jurors in the John Edwards trial may have expected to be inundated with testimony about betrayal and disappointment, but they could hardly have predicted that they would be immersed in a love-drenched soap opera.  Here, for instance, is a transcript of a voicemail from John Edwards  to his campaign aide, Andrew Young, that was entered

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