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Assessing an Expert’s Suitability

April 10th, 2018|

By Chad Lackey, Ph.D. and Emily Stein, J.D. Download the White Paper We call them striped unicorns — that ideal expert for a given case, a respected, unimpeachable authority with exceptional communication skills and an unflappable demeanor. It can be difficult to differentiate the ideal from the not-quite-right when legal teams are under the gun to find an expert, but there is a methodology for ensuring their suitability. In a new white paper, DOAR’s Chad Lackey, Ph.D. and Emily Stein, J.D. provide practical guidance on how to assess an expert’s suitability and minimize potential surprises. Download the White Paper on

There Will Be High Hurdles In Manafort Trial Jury Selection

March 19th, 2018|

View the Infographic Jury selection in white-collar cases is always challenging as class biases and life experiences all too often taint potential jurors’ view of the defendant.  Throw in a very public persona and widespread media coverage, and the task of finding 12 people, plus alternates, who can keep an open mind will be a monumentally high hurdle for the Manafort defense.  And, it appears they will have to do it twice as the former Trump campaign chairman will be tried on an 18-count federal indictment in July and a separate five-count indictment in September – two trials, two venues,

Jury Selection in White Collar Cases: Challenges and Strategies by DOAR’s Ellen Brickman, NY Law Journal

March 16th, 2018|

DOAR’s Ellen Brickman, Ph.D. discusses the challenges faced by litigators during jury selection in White Collar Criminal matters and offers insightful strategies to help during jury selection in this New York Law Journal article.   Read Here   The post Jury Selection in White Collar Cases: Challenges and Strategies by DOAR’s Ellen Brickman, NY Law Journal appeared first on DOAR.

Presumed Guilty: Measuring Juror Bias Based on Indictment Alone

March 1st, 2018|

Examining race, age & the power of authority As experts in trial strategy who routinely assist clients involved in high-profile, white-collar criminal cases, we are always struck by the influence the federal government has over the evolution of these cases. The rules of criminal procedure and the resources of the government seem to put even the most wealthy, well-represented defendants in an imbalanced, unfair predicament. Of course, there is an even greater imbalance in more traditional criminal cases where the defendant has little or no ability to invest heavily in his defense. The DOAR Research Center was interested in quantifying

Revisiting DOAR’s “Making a Murderer??? Coercion Research

February 27th, 2018|

Last week, lawyers for Brendan Dassey, whose conviction was documented in the Netflix series “Making a Murderer,??? asked the U.S. Supreme Court to review a federal appeals court decision that ruled a young Dassey’s confession was voluntary. He was 16 years old at the time he confessed to helping his uncle, Steven Avery, rape and murder photographer Teresa Halbach in 2005, and according to court filings, he has suffered from intellectual disabilities most of his life. Dassey’s attorneys claim investigators took advantage of his youth and mental deficiencies to coerce a false confession, and now, the case that became a

Patent Rights In The Post-America Invents Act (AIA) World

December 1st, 2017|

On Native Americans, Patent Trolls, And One Hugely Important Upcoming Supreme Court Decision Julie Blackman, Ph.D. Senior Vice President The best way to determine the validity and so the value of patents is in play.  In 2012, the AIA changed the rules of the game, and the value of patents changed abruptly.  An upcoming Supreme Court decision may roll back the changes that have followed from the AIA.  In the meantime, certain Native American tribes have profited more; patent trolls less. Native Americans:  The AIA Does Not Apply (Source:  New Yorker, November 20, 2017, “The Financial Page:  Patently Odd” by

Jurors:  You Must Stop The Internet From Pushing Information To You

September 15th, 2017|

On August 23, 2017, I saw something historic happen.  I saw jurors receive instructions about how to take steps to prevent the Internet from pushing case-relevant information to them.  This instruction was of no small moment since the trial was certain to generate a great deal of media attention.  New Jersey’s senior Senator, Robert Menendez, was about to be tried in a Newark, New Jersey federal courtroom for allegedly exerting political influence in exchange for gifts and favors from his co-defendant, ophthalmologist Salomon Melgen. Abbe David Lowell of Norton Rose Fulbright, Menendez’ attorney, raised this issue with Judge William Walls,

Juror Misconduct: More Prevalent Than We Think?

August 15th, 2017|

As internet use and social media become more and more prevalent,[1] the threat of jurors being biased by – or improperly sharing – internet information, has become a greater concern. Over the past several years, the legal community has been buzzing about Google mistrials and juror internet misconduct – but one problem remains – lots of hype and not a lot of data. Click here to view Respondent Demographics and Social Media Preferences In a prior study,[2] jurors in 15 criminal and civil trials completed questionnaires distributed by the judge after the conclusion of the trial. These questionnaires assessed jurors’

Innovating For Wise Juries: Closing Argument

August 2nd, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the 10th and final piece in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week, we have offered a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. These innovations have been proposed by academics and practitioners, implemented by state and federal judges, and are not prohibited in most jurisdictions.

Innovating For Wise Juries: Discussions Before Deliberations

July 26th, 2017|

Stephen Susman In a series of articles on Law 360, Steve Susman, Richard Lorren Jolly and DOAR Jury Consultant Roy Futterman provide the Civil Jury Project’s proposed innovations for improved jury trials:     This is the ninth piece in a series of articles on the Civil Jury Project’s proposed innovations that can resuscitate the American jury trial. Each week, we offer a summary of a different innovation, the legal support for its use, and empirical studies on its popularity. Each innovation has been proposed by academics and practitioners, implemented by state and federal judges, and is not prohibited in most jurisdictions. Most importantly, each