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Jury Trial

Holland & Hart - Persuasion Strategies

Address Fearful Conservatives and Angry Liberals

Social scientists who study political orientation are realizing that it is something more than discrete attitudes about issues or candidates. Research shows that one’s identification as “liberal” or “conservative” also has to...more

Holland & Hart - Persuasion Strategies

Understand Anti-Corporate Bias: The Extent of the Bias and the Effect of Familiarity

It is well known that some people have it in for corporations, especially when these large companies find themselves on the defense side in a courtroom. Our own research has shown that a negative attitude is very common, with...more

Holland & Hart - Persuasion Strategies

Get Behind the Mask: Bias Against Female Leaders Is Greater When It’s Anonymous

When Donald Trump finally gave his State of the Union Address on Tuesday, he spoke to a record number of elected women in Congress. And currently, no fewer than five high-profile female candidates have already declared to run...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

by White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

Holland & Hart - Persuasion Strategies

Lazy or Partisan: Address the Cause of Fake News Susceptibility

If your jurors are dug in on questionable beliefs, that can matter in how they view your case. Maybe they think that every large company puts greed over lives. Perhaps they believe that every officer is always telling the...more

White & Case LLP

Tesco trial collapse highlights dangers of an early deferred prosecution agreement

by White & Case LLP on

On 6th December 2018, the trial of two Tesco executives accused of false accounting collapsed. The judge concluded that the SFO's evidence, taken at its highest, was such that a jury could not properly convict. The SFO...more

Dechert LLP

Surgeries Conducted More Than a Year Before Patenting Found Not to Bar Patent on Surgical Method

by Dechert LLP on

In an important decision impacting life sciences patentees, a divided panel of the Federal Circuit in Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. January 24, 2019), affirmed a jury’s finding that a doctor was...more

Holland & Hart - Persuasion Strategies

Map Your Case

If you’re a trial lawyer, chances are very good that you have marked up a flip chart or whiteboard in order to get a handle on your case. With its boxes, arrows, and circles, we might view the resulting “map” as a kind of...more

Holland & Hart - Persuasion Strategies

Connect with Jurors: Five Practical Ways

We know that when presenting to jurors, the goal is not just to present, but to engage, to relate, to adapt, and ultimately to persuade. You don’t want to simply lay information in front of jurors and hope they will pick it...more

Knobbe Martens

Barry v. Medtronic, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Chief Judge Prost, Moore, and Taranto. Appeal from the United States District Court for the Eastern District of Texas. Summary: An invention is not “ready for patenting” to trigger...more

Holland & Hart - Persuasion Strategies

Think About Your Juror’s Epistemology

“Epistimology,” or the question of how we know what we know, seems like an abstract rather than a practical idea. But when it comes to the practical task of assessing and persuading jurors, the epistemological habits of those...more

Holland & Hart - Persuasion Strategies

Emphasize Participation in Informed Consent

There’s a logical reaction when one hears about some of the claims that end up as the basis for a medical malpractice claim. That reaction might go something like this: So the injury that the plaintiff complains of,...more

Knobbe Martens

Westerngeco L.L.C. v. Ion Geophysical Corp. [Opinion On Remand]

by Knobbe Martens on

Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more

Proskauer - Advertising Law

No Use Crying Over Spilled (Almond) Milk: Ninth Circuit Upholds Dismissal of Almond Milk Labeling Suit

by Proskauer - Advertising Law on

On December 20, 2018, the Ninth Circuit affirmed the dismissal without leave to amend of a putative class action complaint against Blue Diamond Growers, which alleged that the term “almond milk” on Blue Diamond’s beverages...more

Holland & Hart - Persuasion Strategies

Experts: Complete the Credibility Checklist

So you’re picking an expert witness for your case. What kind of person do you want? Someone with the highest credentials from the best institutions? Someone with a lot of on-the-ground experience in this area? Someone who is...more

Holland & Hart - Persuasion Strategies

Careful Defendants, the ‘Reverse Reptile’ Could Be a Boomerang

The Reptile approach to trying plaintiffs’ cases has been around for a decade. It is now expected that many of those seeking damages in products, medical liability, and other personal injury cases, will use a persuasive...more

Holland & Hart - Persuasion Strategies

Ask If Your Jurors’ Causal Thinking Is Based on Facts or Possibilities

In one scenario, a worker is on a ladder, painting a ceiling at a local mall. The mall’s management did not order enough safety lines and the worker decides to go ahead and paint without one. After falling and being seriously...more

Mintz - Intellectual Property Viewpoints

Written Description in Amgen v. Sanofi: Is the Federal Circuit Possessed? Will SCOTUS Grant Certiorari?

In the continuing Amgen v. Sanofi saga, Amgen has asked SCOTUS to take up the issue of written description, which is currently established by showing “whether the disclosure…reasonably conveys…that the inventor had possession...more

Holland & Hart - Persuasion Strategies

Beware of Nonverbal Pseudoscience

The witness on the stand pauses before answering, then looks briefly up and to the right while giving a response. While listening to the next question, she places a finger over her lips, angles her head slightly, and raises...more

Holland & Hart - Persuasion Strategies

Twas the Night Before Trial

Twas the night before trial, when all through the office, No settlement was stirring, so the war room was raucous; The filings were all filed with the court clerk with care, In hopes that the judge would finally be...more

Holland & Hart - Persuasion Strategies

Don’t Fret, Your Jury Can Handle Some Complexity

So the case is complex. Maybe it involves a tricky multi-stage legal question. Or maybe it requires understanding some arcane point on patents. Or perhaps it requires grappling with the workings of an unfamiliar technology....more

Holland & Hart - Persuasion Strategies

Expect Anti-Corporate Attitudes to Persist and Grow

Rhetorically, a focus on enemies is pretty important. Sometimes they’re invented, and sometimes they’re based on a fundamental truth that is then enhanced and exaggerated. In terms of our concepts and communications, a moral...more

Holland & Hart - Persuasion Strategies

Understand Your Jurors’ Online Reality

The idea of a courtroom trial is that it is a sealed system. The fact-finders arrive in a neutral state of mind, they receive and review only what is vetted and presented in court, and then they deliberate to a verdict...more

Holland & Hart - Persuasion Strategies

Don’t Dehumanize

Once you’re aware of “dehumanization” as a feature of communication, you start to see it everywhere. Characterizing a group as less than human in one or more ways is often part of the rhetorical landscape on the most divisive...more

Esquire Deposition Solutions, LLC

Pretrial Polling of Potential Jurors Could Result in Sanctions

A Texas appellate court recently held that a pretrial poll designed to sway potential jurors crossed an ethical line. The court sanctioned the defense attorneys who conducted the poll with a whopping $133,415 fine. The court,...more

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Privacy Officer
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