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Lessons For Litigators: What Trump’s Win Tells Us About Litigation Research

The recent election has brought the subject of confirmation bias and the hazards of interpreting social science research to the fore. Why were the predictions so off-base? This topic is highly relevant to lawyers and clients who hire consultants to conduct and analyze litigation research, as litigation research relies on some of the same techniques …

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Why Google’s Lawyers Were Right Not To Google Prospective Jurors

Earlier this year, in the Oracle vs Google retrial, Bob Van Nest and the Google team agreed to a ban on researching prospective jurors on the Internet – and in my opinion, they were smart to do so. I doubt that they would have found information of value on the Internet. Anytime a shiny new …

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Make Your “Problem” Witness Your Case Solution

A few years back, I worked on the defense of a major California antitrust case that went to trial in San Francisco. The very first witness to be called was going to be our guy – a top level Persian sales executive known for his flamboyant talk. I’ll call him Assef. He didn’t just say …

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For Ultimate Trial Success, Learn How To Manage Yourself, Not Just Your Case

In the early years of trial practice, most lawyers are focused on skill building – learning how to take a good deposition, manage a case, write and argue a successful motion. There comes a point, though, where what is needed to take your performance to the next level is not mastery of any new skills …

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Building Your Trial Story Is Like Building A House: Start With The Frame

I am a social science nerd. I find people endlessly complex and fascinating, with equal layers of predictability and mystery, so when I am not at work on jury research, witness prep or trials, I am often reading social science research or training myself in new skills. So the other day I was reading Nurture …

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Cosby is a rapist

Bill Cosby’s Criminal Conviction: A Triumph of Justice? Maybe Not.

After years of accusations that went unheard and a hung jury in a previous criminal trial, a Pennsylvania jury finally convicted Bill Cosby of criminal sexual assault. Part of me feels, “Hallelujah! Finally, the day has come!” Part of me is very nervous about how that verdict was achieved. What made the difference between the first …

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