The New Normal: Managing Jury Questionnaires Online

As more jury trials shift to an online format for jury selection, courts are increasingly relying on online jury questionnaires as a way to keep prospective jurors out of court. There are a number of online questionnaire software services – like Snap Surveys, Qualtrics, and Survey Monkey – that courts could use. During the pandemic, […]

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Things to Watch Out for When Picking a Jury Online

With the advent of online jury selections, many attorneys are wondering how the online selections are different from in person selections. They are different in a number of ways: Keeping Track of Who Is In the “Box” In the courtroom, you’re used to seeing all of the jurors that you’re questioning in and around the […]

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Notes on the Waymo v. Uber Jury Selection

Waymo v. Uber settled, but not before jury selection and four days of evidence. We’re lucky in the Bay Area to have a series of high-profile, high-stakes, high-tech cases coursing through our courts: the multiple trials of Apple v. Samsung, Oracle v. Google, and now, Waymo v. Uber.

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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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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 […]

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Jury Pool Profile: Jury Selections in Alameda County

We gathered data from few of our recent Alameda County (CA) jury selections. In this post you’ll find helpful information about the most commonly used statistics, like age and education. In a separate post, we cover these same jurors’ key opinions of lawsuits and damages awards. Age The majority of Alameda County jurors fall between […]

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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 […]

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Implicit Association Test (IAT): Inside Academic Debates

We’ve discussed the basic process and remedies for implicit bias in other posts, how implicit bias manifests in jury trials. In this post, we take you behind the scenes of academia to explore the conflicting opinions of the researchers. The academic consensus is a complicated minefield that has caused a considerable amount of debate in academia. […]

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