Consulting

Biases Against the San Francisco Bay Area

Biases Against the San Francisco Bay Area & Silicon Valley Numerous large verdicts against large technology companies have been awarded in venues with very small populations, and a number of those large verdicts were against companies based in the San Francisco Bay Area.  Many of those verdicts were in the Eastern District of Texas, which […]

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Consulting, Pandemic Era Attitudes

Five Advantages of Online Mock Trials

Five Advantages of Online Mock Trials In the age of social distancing and Zoom jury trials, many legal professionals have had to adjust the way they work. Many of the research tasks that we used to conduct in person have moved online.  One of the ways we’ve adjusted to the pandemic is by conducting our mock […]

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Consulting, Pandemic Era Attitudes

Four Disadvantages of Online Mock Trials

Four Disadvantages of Online Mock Trials Because of the coronavirus, many of our interactive research activities – like mock trials and focus groups – have switched to an online format. In many ways, the pandemic merely hastened a transition from in-person or analogue ways of conducting research, to an online and digitized medium.  For example, […]

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Consulting, Implicit Bias

Implicit Bias: Process & Remedies

We’ve encountered, and contended with, implicit bias in our work as trial consultants. Some clients are curious as to how implicit bias works and how we can counteract it. In our other posts, we cover practical and academic aspects of implicit bias including how biases impact bench trials, jury trials, and arbitration. In the following […]

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Consulting, Witness Preparation

Preparing Witnesses with Limited English Proficiency

Any attorney or consultant who has prepped their fair share of witnesses understands that different witnesses present different challenges. Those challenges can depend on things as simple as their appearance, their willingness to make eye contact, choice of words, and even their (lack of) sense of humor. For some situations, there are nuanced challenges that […]

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Consulting, Implicit Bias

Cognitive Psychology & Implicit Bias

What do I need to know about implicit bias and the scholarly research on implicit bias? 1. Everyone has implicit biases. Research has found this to translate to discriminatory practices by doctors, judges, jurors, attorneys, teachers, etc. Why does everyone have implicit bias? – Cognitive psychology tells us that mental shortcuts, or heuristics, allow our […]

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Attitudes about Lawsuits & Damages, Consulting, Corporate Personhood & Responsibility

“Collective Knowledge” of a Corporation

The Concept of Collective Knowledge The issue of whether a corporation’s conduct is “knowing” is often an important step in determining whether a corporation can be found guilty of criminal conduct.  But how does a corporation “know” something?  While this concept is sometimes difficult to discern for individuals, it is extremely complicated when the defendant […]

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