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 […]
Read moreComfort Levels for Everyday Activities During the Pandemic
Comfort Levels for Everyday Activities During the Pandemic Last fall, we reported the results of our survey on attitudes related to the coronavirus pandemic from 295 jury-eligible California residents. One aspect of the survey examined how comfortable people were with doing some everyday activities during the pandemic. In our most recent nationwide survey on antitrust […]
Read moreFive 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 […]
Read moreFour 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, […]
Read more
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 […]
Read more
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 […]
Read moreCognitive 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 […]
Read more
Comparing Demographic Characteristics for Key Patent Venues Post-TC Heartland
We’re Not in East Texas Anymore… The Eastern District of Texas has already experienced a significant decline in patent case filings since the May 2017 United States Supreme Court decision, TC Heartland LLC v. Kraft Foods Groups Brands. Researchers trace this decline, and report that Delaware and California are likely to see a significant increase […]
Read more
Demographic Portrait of the Jury Pool in the Eastern District of Texas, Marshall Division
Many patent cases are expected to shift venue from the Eastern District of Texas, Marshall Division, to the federal courts in both Delaware and the Northern District of California. However, many cases will still be tried in this popular Texas venue. The following demographics provide a glimpse of the backgrounds that Eastern District of Texas […]
Read more
“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 […]
Read more