As pandemic restrictions start to ease up across the country, it is a good time to evaluate the way courts handled trials during the pandemic and what we can learn from that going forward. While many trials were postponed, a small number of venues (particularly at the state and local levels) took the bold step of conducting virtual trials on civil matters during the pandemic. This experiment with virtual trials may feel like a temporary solution to what was a temporary problem. But should it be? One of the greatest concerns that attorneys, judges, and legal scholars have expressed in
In a recent interview with WCCO News, I was asked to provide insight into the jury questionnaire recently distributed to potential jurors for the George Floyd case. In a high profile, media-saturated case involving racial issues, the jury questionnaire may be more helpful for the defense rather than the prosecution. First, it encourages people who favor the side of prosecution to speak too freely about their preconceived opinions on the case, which can serve to document why the person should be struck in a cause challenge. For instance, in this questionnaire, there are many questions about how one feels about
#MeToo, Political Affiliation, and Personal Experience Affect Jurors’ Attitudes About Discrimination and Harassment
July 25, 2020 – New York, NY – DOAR, the nation’s leading trial consulting company, today released important findings from a new study that measured the perceived prevalence of discrimination and harassment in the workplace and the effects on jurors’ attitudes toward employment cases alleging the specific wrongdoings. The results indicate overwhelmingly that many factors come to bear—including political beliefs, personal experience, and the #MeToo movement—on how jurors will evaluate the context in which employment lawyers advance case themes on their clients’ behalf. The study, “Implications for Litigating Employment Cases in a #MeToo World,” was conducted by the DOAR Research
In one of its most important and far-reaching employment decisions, Bostock v. Clayton County, Georgia, the Supreme Court of the United States held that Title VII’s “because of sex” language forbids discrimination in employment against transgender and gay individuals. Not since Obergefell v. Hodges has the LGBTQ community celebrated a decision of this magnitude. Not to mention, this decision is the first significant victory for transgender rights in history. In the opinion, Justice Gorsuch, a Trump appointee, unequivocally explains: The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or
NPEs are well-positioned to take advantage of the economic fallout on the patent market due to the impact of COVID-19. In Book One of our new e-book series, we look at the NPE acquisition outlook for 2020 in light of the ongoing financial crisis. Download the free e-book, “The Impact of Economic Distress on Patent Availability to NPEs.” The post An Insider’s Guide to the Operations and Methods of NPEs appeared first on DOAR.
Expert testimony at trial presents unique challenges to both the expert and the examining attorney. The expert is tasked with teaching complex material to a group of “students” with widely varying levels of education, comprehension, pertinent experience and yes, interest. The students give no feedback, the consequences of a teaching mistake can be significant, and there are people waiting for the opportunity to attack at the first sign of weakness. The attorney’s job is to help the expert overcome and thrive in these challenges. It is no small task and the key is in proper preparation. Several strategies will help.
By: Caroline Yu, Consulting Expert Litigation in the wearable technology market has been increasing in frequency and scope as the market has moved from niche early adopters to the broader consumer market. In 2018, the global wearables market was valued at $9 billion—the U.S. market accounting for 32% of it. The market is expected to grow to over $87 billion by 2025[i] with the most significant growth drivers to include technological advancements in wearable devices and digital health awareness. Data privacy and usability remain necessary design elements for designers and manufacturers looking to advance in the race for dominance. With
The New York City Commission on Human Rights inked a settlement with Prada this month that will have the company investing significant human capital and resources in programs directed at diversity and inclusion. Is this settlement, which addresses the impact of racially tone-deaf expression, just the beginning of a new trend? Over a year after Prada marketed its “Pradamalia” campaign—featuring a figurine of a monkey that resembled blackface—the company entered into an agreement obligating it to take key measures to combat racism within not only its ranks but also the wider community. Check out the New York Times article for
On January 24, 2020, the EEOC released data on its 2019 charge filings. The EEOC reported that the total number of charges filed in 2019 declined by 4.8% (from 76,418 in 2018 to 72,675 in 2019). Retaliation claims continued to predominate, with 53.8% percent of charges including allegations of retaliation. Disability, race, and sex discrimination (including harassment) claims each accounted for slightly over 30% of total charges. The EEOC’s 2019 charge statistics mirror the perceptions of respondents to a recent study conducted by DOAR. Respondents to the study perceived racial discrimination as most prevalent, followed very closely by sex discrimination.
By Natalie Gordon, M.A., DOAR analyst Recently, we have heard stories in the media being described as instances of “restorative justice.” But sometimes an alleged example of restorative justice will not encompass all the core principles of restorative justice, or will conflict with the principles of our criminal justice system. Some recent examples may help illustrate what restorative justice is — and is not. In October, President Donald Trump arranged a meeting at the White House for the family of Harry Dunn, a British teenager killed in a car crash in England, with the American woman who was driving the