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Bias Litigation Strategies

Baker Botts L.L.P.

Trust, But Verify: Avoiding the Perils of Artificial Intelligence Hallucinations in Court

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The rise of generative Artificial Intelligence (AI) presents lawyers with powerful tools and tactical advantages to streamline many aspects of their practice. AI helps lawyers provide more efficient, effective legal services...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

IMS Legal Strategies on

In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

Holland & Hart - Your Trial Message

Know When to Go Easy on Hardship

Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more

IMS Legal Strategies

The Water’s Fine? Navigating Water Contamination Litigation

IMS Legal Strategies on

Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

Holland & Hart - Your Trial Message

Fight (Constitutionally) for Your Peremptory Strikes

It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 33 - Framing the Narrative: Journalism's Influence on the Presumption of Innocence

Fox Rothschild LLP on

In this insightful episode, Pulitzer-nominated journalist Mark Di Ionno talks candidly about how the media can affect the court of public opinion for defendants facing criminal accusations. Throughout Mark’s 40+ years of...more

Lathrop GPM

[Event] 2024 State of Litigation - May 21st, Kansas City, MO

Lathrop GPM on

Join us at Lathrop GPM's annual State of Litigation event, where we bring together business leaders, legal decision-makers, and industry experts to explore the latest trends in litigation and risk management. We will examine...more

Holland & Hart - Your Trial Message

Expect Jurors to Mix Fact and Opinion

By Dr. Ken Broda-Bahm: The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in...more

HaystackID

Weighing AI’s Benefits and Risks in Litigation and eDiscovery

HaystackID on

Editor’s Note: The integration of artificial intelligence into legal services stands poised to profoundly impact cybersecurity, information governance, eDiscovery, and the broader data landscape. As this article explores,...more

Holland & Hart - Your Trial Message

Lawyers and Corporate Defendants – Expect a Little More Hostility from the Jury Box

I suspect there has never been any great love affair between attorneys in general and the jury pool. Jurors know that lawyers are there to influence them toward a desired result, and that’s typically met with suspicion....more

Goldberg Segalla

[Webinar] Product Liability Series: Containing Nuclear and Thermo Nuclear Verdicts - May 30th, 12:00 pm - 1:00 pm EDT

Goldberg Segalla on

As jury verdicts across the country are on an upward trajectory into the hundreds of millions and in some cases billions of dollars, this calls for a different litigation and trial strategy to contain the awards and minimize...more

IMS Legal Strategies

What to Include in a Supplemental Juror Questionnaire (SJQ)

IMS Legal Strategies on

Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

IMS Legal Strategies

Witness Preparation: Helping Your Witness Avoid Hindsight Bias

IMS Legal Strategies on

While views may vary, we believe firmly that witness preparation should involve asking witnesses the tough questions, for several reasons: First, we would argue it is better to pose a tough or uncomfortable question up...more

IMS Legal Strategies

Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – Episode 47

IMS Legal Strategies on

IMS Strategy Consultant Dr. Clint Townson delves into jurors’ anti-corporate bias—including how to uncover biases through social media research and counteract them with an impactful company story—as well as ways to avoid...more

IMS Legal Strategies

Uncovering Juror Bias, Counteracting Nuclear Verdicts, & the Future of Massive Damages – IMS Insights Podcast Episode 47

IMS Legal Strategies on

IMS Strategy Consultant Dr. Clint Townson delves into jurors’ anti-corporate bias—including how to uncover biases through social media research and counteract them with an impactful company story—as well as ways to avoid...more

Holland & Hart - Your Trial Message

Look Beyond Your Jurors’ Political Identification: Education Matters

Whenever we step up to evaluate a person as a potential juror, it can be an occupational hazard to simplify that person too much. We do our best with the time and information available, and to be sure, jury selection would be...more

Holland & Hart - Your Trial Message

Learn from Attitudes Toward Sports Abuse

Many of us probably watched or heard about the drama this past week in the Women’s Olympic Figure Skating event. Kamila Valieva — just 15-years-old, but with a dominant combination of quad-jumps and world class performance...more

Holland & Hart - Your Trial Message

Be Cautious About Instructing Your Way Out of Bias

Recognizing and reducing bias is obviously essential in a litigation context. But when it comes to “de-biasing,” it helps to see instructions as one tool in the toolbox, but not a tool that’s guaranteed to fix everything. In...more

Searcy Denney Scarola Barnhart & Shipley

What is the Status of Discovery of an Expert Witness Relationship?

In Wirley v. Central Florida Young Men’s Christian Association, 228 So.3rd 18 (Florida, 2017), the Supreme Court ruled disclosure of a financial relationship between a party, a plaintiff’s attorney and an expert, is no longer...more

Holland & Hart - Your Trial Message

Account for Camera Perspective Bias

This past Friday, eight people died at a music festival in Houston, crushed by a crowd as the music continued and security was unable to help. As the tragedy moves toward litigation, it is likely that this will be another...more

Holland & Hart - Your Trial Message

Use Jurors’ Availability Bias

How likely is it that a corporation’s competitor could come up with a parallel product without infringing a patent? How common is it for someone to get injured on an amusement park ride? How normal would it be for someone who...more

Holland & Hart - Your Trial Message

Consider the Connotations

In the case of Kyle Rittenhouse, the individual on trial for killing two men and wounding a third at a Kenosha, Wisconsin protest in August 2020, the judge has set some terms on language. According to press reports, the judge...more

Butler Weihmuller Katz Craig LLP

Dodge’N Expert Bias Discovery Issues Raised In Worley

Expert witnesses are a critical part of litigation.  A good expert can properly assess a case, help position a case for settlement and provide helpful testimony at trial.  Like all witnesses, an expert witness’ bias may be...more

Holland & Hart - Your Trial Message

(Sometimes) Reinforce a Higher Threshold for Cause Challenges

As you’re waiting your turn for voir dire, you notice that plaintiff’s counsel is getting a fair number of potential jurors to admit that they might have a bias — against lawsuits, against plaintiffs’ attorneys, against...more

Holland & Hart - Your Trial Message

Gruesome Injury Photos: Consider the Halo of High Impact Evidence

After receiving many warnings from the court and counsel on what they’re about to see, the jurors are finally shown the injury photos. Some of them frown, one covers her face, many look away after a quick glance, and a couple...more

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