ThemeVision LLC - Trial Consultants
 
       
 
 
         
     
   

  Commercial

   Representative Experience

ThemeVision's trial consultants routinely work on complex commercial litigation, from the earliest stages of the litigation through jury selection, trial, and post-trial juror interviews. In the early stages of such litigation, ThemeVision's trial consultants often work with trial teams to identify and test core themes so that subsequent discovery can be tightly focused on developing evidence to support those themes that are likely to resonate with a jury. ThemeVision's trial consultants also work with trial teams to prepare for hearings on key dispositive motions, developing demonstrative exhibits and presentation strategies to persuade the court. As commercial litigation approaches trial, ThemeVision's trial consultants work with trial teams to address the challenge of reducing years of discovery to the few critical issues and themes that can be effectively tried to a lay jury over the course of the days or weeks set aside for trial. Through its experience with complex commercial cases often involving multiple claims, cross claims, and a host of factual, financial, and legal issues, ThemeVision has developed focus group, mock trial, and jury simulation techniques for identifying and testing the core issues and themes, as well as preparing for jury selection.

 
Commercial Real Estate Dispute- North Carolina
Consulted for the plaintiff in commercial real estate dispute that was pending in Wake County, North Carolina.  The case involved disputed contract terms and the management of a commercial construction project. Our efforts included a 1.5-day mock trial study, theme development, development of a juror profile, and assisting with witness preparation. Result: The case settled favorably for our client prior to trial.
Jury Trial: Commercial Dispute Regarding Breach of Contract and Price Discrimination- Indiana
Provided extensive consulting for the plaintiff in a price discrimination case in the Indianapolis Division of the Southern District of Indiana. Our consulting services included a mock trial study, theme development, witness preparation, juror profile development, jury selection assistance, trial monitoring, and development of demonstrative exhibits. Result: $6.5 million verdict for our client.
Legal Malpractice Defense- Kentucky
Conducted a ThemeTesting® focus group study for the defendant in a legal malpractice action in Jefferson County, Kentucky. The case involved multiple claims of conflict of interest and claims for compensatory as well as punitive damages. The jury research helped the trial team evaluate case strengths and weaknesses and the core defense case themes. The research also provided information on mock jurors' perceptions of key witnesses and data that was used to develop a juror profile for jury selection. A settlement was reached prior to trial.
Commercial Landlord-Tenant Dispute- Wisconsin
Assisted the defense in a state court case in Dane County, Wisconsin involving a commercial landlord/tenant dispute. Specifically, we helped the defense identify and develop core case themes, draft proposed voir dire questions, and develop a juror profile for jury selection. A settlement was reached prior to trial.
Jury Trial: Commercial Dispute Regarding Restrictive Covenants- Illinois
Assisted with theme development, opening statement strategies, voir dire, and jury selection strategies on behalf of the plaintiff in a case tried in state court in McLean County, Illinois.  The case involved a commercial dispute among former partners in a medical practice following the departure of one partner who subsequently established a competing practice.  The legal claims included breach of restrictive covenants and breach of fiduciary duties.  Result: Following a multi-week trial, the jury returned a verdict for our client, the plaintiff, on all counts and also awarded the full damages that were sought.   
Commercial Dispute Regarding Employment Contracts- Pennsylvania
Conducted a mock trial study and assisted with the development of case themes and jury selection strategies for the defense in a case involving alleged breaches of restrictive covenants in connection with the sale of a family-owned business in the death care industry. Result: A favorable settlement for our client was reached before trial.
Legal Malpractice Defense- Indiana
Provided extensive consulting for the defendant in a state court case in northern Indiana involving allegations of legal malpractice. Our efforts included a ThemeTesting® focus group study, development of demonstrative exhibits, theme development, witness preparation, jury selection, and in-court observation. Result: Defense verdict on all counts. In addition, the defendant prevailed on its counterclaim for unpaid attorney fees.
Jury Trial in Software Dispute- Maryland
Assisted counsel for the plaintiff, a Connecticut-based software development firm, with voir dire strategies and demonstrative exhibits. Following a week-long trial in Montgomery County, Maryland, the jury found that the defendant had intentionally interfered with the deployment of our client’s software and competed unfairly in seeking to deploy rival software. The jury found the defendant’s actions included intentional misconduct and awarded $24.8 million in damages for lost revenues and profits. The victory was considered as one of the National Law Journal’s Top 100 Verdicts of 2013.
Construction Dispute: Water Intrusion- Indiana
ThemeVision developed a juror profile, developed and drafted voir dire, conducted juror background research, and selected the jury on behalf of the defense in commercial litigation pending in state court in Hamilton County, Indiana. The plaintiffs had alleged that our client, a home builder, was liable for water intrusion problems and resulting mold. Following a week long trial, the six-person jury returned a complete defense verdict in favor of our client, and fees were awarded against the plaintiffs.
Class Action (Real Estate Price Fixing)- Kentucky
Conducted both a ThemeTesting® focus group study and a mock trial study on behalf of a defendant in a class action, antitrust matter in the Western District of Kentucky. The plaintiffs alleged that the defendants engaged in a price-fixing conspiracy to inflate the price of commissions charged by real estate brokers for the sale of residential real estate in Kentucky. The jury research provided the trial team with key information regarding theme development, risk assessment, case presentation strategies, and jury selection. Summary judgment was granted in favor of our client after the jury research had been conducted and just weeks before the scheduled federal jury trial.
Tobacco Settlement Arbitration- Ohio
Assisted with the development of demonstrative exhibits that helped organize and simplify a large amount of complex information for an arbitration related to the tobacco industry.  The demonstratives helped explain the various actions that state agencies took to enforce rules under a previous settlement.  After a multi-week arbitration hearing, our client received a favorable award from the arbitration panel.
Commercial Dispute: Real Estate Development- Colorado
Conducted a mock trial study and assisted with the development of case themes and jury selection strategies for the defense in a real estate development case in Arapahoe County, Colorado. The case involved a dispute over financing arrangements related to developing several Colorado properties. Following a multi-week trial, the jury awarded one tenth of the damages requested by the plaintiff, which was significantly less than the last settlement demand going into trial and was an important victory for our client.
Breach of Contract Litigation (Food Services Contract)- Florida
Conducted a ThemeTesting® focus group study and developed demonstrative trial presentation materials for the defense in a case pending in federal court in Miami, Florida. The case involved an alleged breach of an agreement between two highly successful food service companies. The focus group study helped the trial team identify strong case themes, as well as to develop strategies for handling case weaknesses. Shortly before trial and following favorable rulings on pending motions for summary judgment that significantly narrowed the plaintiff's claims, the case settled favorably for the defense.
Jury Trial in Commercial Litigation- Illinois
Developed a demonstrative timeline for use by the plaintiff in a federal jury trial in the Northern District of Illinois.  The case involved a breach of contract claim.  Result: $2.1 million jury verdict for the plaintiff.
Construction Defect Case- Indiana
Conducted a ThemeTesting® focus group study on behalf of the plaintiff in a construction defect case. The case involved a large residential home builder who brought suit against numerous subcontractors for defective workmanship that resulted in water intrusion problems in a large number of homes. The study provided the trial team with key information about the impact of particular documents and exhibits, as well as the impact of the overall plaintiff and defense themes. The case settled after the study and shortly before trial.
RICO Jury Trial - New Jersey
Developed demonstrative exhibits for the defense of RICO, ERISA, and fraud claims in a jury trial in federal court in New Jersey. The case involved an allegation that the defendant had misrepresented the effect of an insurance product. The jury returned a verdict in favor of the defense on all counts.
Business Interruption Litigation- South Carolina
Conducted a ThemeTesting® focus group study and a two-panel mock jury study for the plaintiff in a case pending in federal court in South Carolina. The case involved a significant business interruption claim resulting from the failure of a specialized piece of equipment essential to the operation of the plaintiff’s manufacturing business. The studies helped the trial team to isolate and focus on themes that were likely to resonate with a South Carolina jury. The studies also provided the trial team with important information related to case valuation. The case settled favorably for our client.
Champ Car World Series Dispute - Indiana
Conducted a mock bench trial on behalf of the defendant in a dispute relating to drivers’ contracts in the Champ Car World Series. The mock trial was conducted with a panel of retired and former judges and involved the presentation of evidence and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex commercial dispute were most important to the decisions of a panel of judges. The study also provided the trial team with detailed feedback regarding judicial perceptions of key witnesses. Result: The case settled favorably for the defense prior to trial.
Class Action (Annuities)- Indiana
Conducted mock class certification hearings on behalf of the defendant in a putative class action involving the sale of annuities. The mock hearings were conducted with panels of retired, former, and senior-status state court judges and involved the presentation of briefing, oral argument, evidence, and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex class certification dispute were most important and persuasive to representative panels of judges from the relevant jurisdiction. The study also allowed the trial team and the client to better assess the risks of a class certification hearing.  Result: The case settled favorably for the defense prior to the class certification hearing.
Real Estate Litigation- Nevada
Developed demonstrative exhibits for use in a dispositive hearing in the United States District Court for the District of Nevada.  The matter involved commercial litigation relating to a massive real estate transaction. 
Mediation in Commercial Class Action- Illinois
Developed demonstrative exhibits for use in early mediation of a commercial putative class action filed in Illinois state court.
Mediation in Commercial Dispute- Arkansas
Developed demonstrative exhibits for use in early mediation of a commercial dispute filed in Pulaski County, Arkansas.
Commercial Litigation Jury Trial- Florida
Conducted a ThemeTesting® focus group study for the defense in commercial litigation that was pending in Hillsborough County.  The case involved claims for tens of millions of dollars in property damage and business disruption, as well as alleged violations of the Florida Civil Remedies Act.  The ThemeTesting study assisted the trial team with identifying and developing persuasive arguments and evidentiary presentations.  The case was tried to a Hillsborough County jury and the jury returned a defense verdict on all counts. 
Insurance Coverage Dispute Involving Pharmaceutical Company- Indiana
Conducted a ThemeTesting® focus group study in a case pending in the Southern District of Indiana. The plaintiff pharmaceutical company claimed that several insurance carriers breached their contract with the pharmaceutical company. The ThemeTesting study helped the trial team evaluate how jurors would perceive the insurance contract and the motives of the parties. The ThemeTesting study contributed to a strategically favorable settlement for our client.  
Fraudulent Misrepresentation & Trademark Infringement- Missouri
Conducted a ThemeTesting focus group study for the defense in commercial litigation involving two large corporations involved in manufacturing life-sciences-related products. The case involved allegations of fraudulent misrepresentation and breach of contract, with counterclaims of trademark infringement. The studies helped the trial team to develop strategies for the presentation of complex information to a jury and also helped the trial team to isolate and focus on themes that were likely to resonate with a St. Louis jury. Finally, the study provided the trial team with important information related to case valuation. The case settled favorably for our client.
Explosion at a Manufacturing Plant- Michigan
Conducted a jury simulation project in a commercial dispute arising from an explosion at a chemical manufacturing plant.  Result:  Case settled favorably for our client one week into trial. 
Energy-Related Antitrust Litigation- Ohio
Conducted a mock trial with multiple mock juries on behalf of the plaintiff in a case involving state and federal antitrust claims asserted against a Cleveland energy provider. The mock trial provided the trial team with key information regarding jurors' perceptions of the interplay between antitrust laws, complex contractual provisions giving rise to the claims in the case, and jurors' common-sense notions of competition and fair play. The project assisted the trial team with assessing the merits of the case, with case valuation, and with positioning the case for settlement.
   
  > Areas Of Law    
 
Appellate 4 Appellate
Class Action 5 Class Action
> Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
Intellectual Property 10 Intellectual Property
Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
Toxic Tort 13 Toxic Tort
White Collar Criminal Defense 14 White Collar Criminal Defense
Commercial  
 
 
 
       
 
 
  THEMEVISION NEWS SUMMARIES & ALERTS GRAPHICS PORTFOLIO
 
 
 
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Christina Studebaker of ThemeVision presented at the 24th Annual Conference of the Defense Trial Counsel of Indiana (DTCI)

  Peremptory Challenges: A New Rule in Washington

ThemeVision Consultants Co-author Law360 Article on the Science Behind Big Jury Verdicts

Ethical Challenges for Psychology in the Justice System

 
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