Joint Defense Groups: The Good, the Bad and the Ugly

December 6th, 2017|The Litigation Consulting Report (A2L Consulting)|

Quite frequently, defendants in major cases will decide to form joint defense groups. Joint defense groups are intended to provide defendants with significant efficiencies that result from common effort in facing a common adversary, whether in a patent case against the same patent holder, tort litigation against the same set of injured people, white-collar criminal actions against the government, antitrust litigation against the same plaintiff, and so on. But joint defense groups, which by their nature bring together several high-powered lawyers at a single defense table in the courtroom, can present unique challenges. Sometimes, joint defense groups will work as

Do You Know What Question Your Jurors are Really Answering in Deliberations?

December 4th, 2017|The Sound Jury Library (Sound Jury Consulting)|

By Thomas M. O’Toole, Ph.D. In his 2011 book Thinking Fast and Slow, famed psychologist and Nobel Prize winner Daniel Kahneman wrote this in his effort to explain the essence of intuitive heuristics: “When faced with a difficult question, we often answer an easier one instead, usually without noticing the substitution.” While the fundamental concept in this quote is not particularly ground-breaking (at least in today’s world of psychological research), Kahneman’s phrasing eloquently hammers home a critical point for attorneys and how they think about their cases. To be clear, Kahneman’s book is not about juries or jury decision-making. It

Nod Your Head

December 4th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  Nodding your head up and down means "Yes." At least in our culture it does. And world travelers will know that this one thankfully translates to nearly all other countries and cultures as well. There are exceptions, like one country I visited a couple of times on consulting trips: Bulgaria. There, shaking your head up and down, our "Yes," actually means "No," and shaking your head from side to side, our "No," means "Yes." And if you ask me if that creates the potential for confusion, I'd nod my head...or shake my head "Yes." But sticking

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

December 1st, 2017|DOAR|

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

Complete the Confidence Checklist

November 30th, 2017|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm:  When an audience decides whether someone is credible or not, what do they look for? To a large degree, they look for confidence. In some ways, confidence can be viewed as performed credibility. Someone who is telling the truth is confident. Someone who is winning is confident. Of course, we know that neither of those statements is necessarily true, at least not all the time. But what matters is how the message is received. And in human communications, confidence is one of the most important external markers. Whether a speaker's confidence is merited or not, viewers

Can’t Tell Anyone

November 30th, 2017|2's Company - Magnus Insights|

In a prior post, I lamented how family and friends can’t relate to what Melissa and I do in our trial consulting business. One of the main reasons for their lack of understanding is the extremely high level of confidentiality involved in our work. In order for trial consultants to be able to effectively help trial lawyers and their teams prepare case strategies, our efforts must be considered attorney work product. This means that any work performed on the case, such as the research results, etc., cannot be discussed by anyone outside of the trial team. Sometimes, after a case