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Our Experience

Experience Matters.
You Matter.

After nearly 25 years as trial consultants, you could say we’ve seen it all, and in theory, we probably have. And in practice, what we’ve seen is that no two cases are ever the same.

There are things we can predict and propose based solely on our experience. And others, where collecting case and venue-specific data is the only way to effectively plan, predict, and prepare.

As a client, you get the benefit of both. Decades of experience and rigorous case-specific research.

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See how we’ve used our experience to help other clients.

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Our national experience is as deep as it is wide. More than 50 jurisdictions wide, as a matter of fact.

We’ve built a reputation around our work in:
  • Product liability
  • Commercial litigation
  • Antitrust
  • Multi-district litigation
  • White collar criminal defense

(Go ahead, have a look at some of our work below)

But the experience we’re most proud of is the one you’ll have when you work with us.

Preparing for trial is hard enough.
We do everything we can to make it easier for you to win.
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Defamation Case

Conducted a large-sample, online survey for the defense in a defamation case pending in Indiana state court. The case involved an allegation of defamation between insurance industry professionals. We used the online survey to generate a case valuation and a juror profile. Result: The case settled favorably for our client just before trial.

Social Security Fraud Case

ThemeVision assisted client with theme development, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of defrauding the Social Security Administration by helping an employee conceal earnings. The case was tried to a jury in the District of Nebraska.

Automotive Parts Antitrust Jury Trial

ThemeVision provided extensive consulting for the defense in a three-week, criminal antitrust jury trial in the Southern District of Ohio. The government alleged that a Japanese auto parts manufacturer and its US subsidiary conspired with others to fix prices and rig bids. Our efforts included a mock trial study, ThemeTesting® focus groups, development of demonstrative … more »

Alleged Benzene Exposure from Printing Press Work

Conducted a ThemeTesting® focus group study on behalf of the defense in a case pending in Philadelphia County involving claims that benzene allegedly contained in various printing press products manufactured by the defendants had caused the plaintiff’s cancer. We assisted with overarching theme development as well as the development of demonstrative exhibits to help clearly … more »

Patent Litigation Involving Target Acquisition Devices

Worked with the defendant in a patent infringement case involving target acquisition devices for use in long-range shooting. We assisted with the development of graphics, demonstrative exhibits, and presentation strategies for a Markman hearing in the Northern District of California. Result: The graphics were used successfully at the Markman hearing and the case was subsequently … more »

Commercial Real Estate Dispute

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 … more »

Jury Trial: Insurance Coverage Dispute

Provided extensive consulting to the plaintiff in an insurance coverage case in Davidson County, Tennessee. A series of focus group and mock trial studies were conducted to test the strength of the plaintiff and defense evidence under differing case scenarios that could result from rulings on pretrial motions. In addition to jury research, we assisted … more »

Jury Trial: Commercial Dispute Regarding Breach of Contract and Price Discrimination

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.

Medical Device: Orthopedic Implant Case

Conducted a ThemeTesting® focus group study on behalf of the defendant medical device manufacturer in a state court case in Baltimore City, Maryland. The plaintiff claimed the manufacturer failed to warn about risks associated with its orthopedic implants. The results of the jury research helped the trial team develop and refine case themes, assess witness … more »

Auto Accident Involving Traumatic Brain Injury

Conducted a ThemeTesting® focus group study to help the defense in a state court case in Monroe County, Indiana involving a plaintiff who suffered a traumatic brain injury as a result of an auto accident. The research assisted the trial team with the evaluation of case themes as well as case valuation. A favorable settlement … more »

MDL Class Action Antitrust Case

Provided extensive consulting for the defense in a MDL class action antitrust case in the Northern District of Ohio involving allegations that a conspiracy among the defendants caused the plaintiffs to overpay for certain commodity supplies necessary for the operation of their businesses. Our efforts included a ThemeTesting® focus group study, a mock trial study, … more »

Commercial Landlord-Tenant Dispute

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.

Patent Jury Trial: Adhesive Manufacturing

Developed voir dire questions and demonstrative exhibits for the alleged infringer a patent case in the Southern District of Indiana. The patent covered technology relating to the production of adhesive products. Result: After a two-week trial, the jury returned a verdict in favor of our client, finding no infringement.

Commercial Dispute Regarding Employment Contracts

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.

Premises Liability

Assisted with theme development, proposed voir dire questions, jury selection strategies, and demonstrative exhibits for the defense in a premises liability case in the Southern District of Ohio. The plaintiff had been seriously burned by hot oil while working on machinery located at our client’s manufacturing plant. Result: The case settled favorably for our client … more »

Legal Malpractice Defense

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 … more »

Medical Device & Sports Injury Case

Assisted with theme development, opening statement strategies, trial graphics, and jury selection strategies on behalf of the defense in preparation for a jury trial in Los Angeles County. A professional baseball player alleged that a medical device manufactured by our client and used during the player’s shoulder surgery was defective and led to the demise … more »

Appellate: Class Action re Alleged Price-Fixing

Conducted a mock appellate argument on behalf of the defendants-appellees in an appeal before the Sixth Circuit. A panel of former federal judges reviewed as-filed appellate briefing and heard mock oral arguments. Information on the judges’ analysis of, and reactions to, the briefs and oral arguments was gathered through private questionnaires and a focus group … more »

Product Liability: Pharmaceutical

Assisted with theme development, jury selection strategies, and opening statement strategies on behalf of the defense in preparation for a jury trial in Philadelphia County. Plaintiffs alleged that a prescription drug taken by a pregnant mother caused her child to be born with a birth defect. We assisted the trial team with the development of … more »

Jury Trial: Software Engineering

Conducted a ThemeTesting® focus group study for the plaintiff patent-holder in patent litigation that was pending in federal court in Los Angeles. The case involved a patent covering read-only memory design. Our efforts included multiple phases of consulting and research, including a ThemeTesting focus group study, development of demonstrative exhibits, theme development, development of a … more »

Trucking accident

Conducted a ThemeTesting® focus group study on behalf of the defense in a trucking accident case pending in state court in DeKalb County, Georgia. The focus of the research was damages. The jury research helped the trial team evaluate how a jury would perceive the plaintiff’s injuries, which facilitated a valuation of the case and … more »

Jury Trial in Software Dispute

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 … more »

Meta-analysis of Asbestos Litigation Jury Research

Reviewed and statistically analyzed information from jury research studies and post-trial juror interviews associated with numerous asbestos cases across the United States over an 11-year period. The total data set included information from more than 600 jurors and mock jurors across 13 states. Our analysis identified the strongest and weakest evidence and witnesses for our … more »

Adhesive Patent Litigation

Conducted a ThemeTesting® focus group study and a mock trial study to help the alleged infringer in patent litigation pending in the Eastern District of Michigan. The patent covered technology relating to the manufacturing of an adhesive product. Through assistance with theme development and demonstrative exhibits, we helped the trial team simplify complex scientific and … more »

Jury Trial: Defamation Claim

Prepared voir dire, selected the jury, and prepared demonstrative exhibits for the defense in a jury trial in Hendricks County, Indiana. The plaintiff had sued her former employer and its president for defamation after the company president had fired the plaintiff for suspected theft and reported her to the police. After three days of evidence, … more »

Pesticide Exposure: Child Injury

Conducted ThemeTesting® focus groups and mock trial work on behalf of the defense in preparation for a jury trial in Hidalgo County. A family alleged that the mother’s exposure to insecticide while she was pregnant caused her children to develop autism. Our efforts included theme development, juror profile development, and development of demonstratives. We also … more »

Clean Water Act Jury Trial

Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included … more »

Construction Dispute: Water Intrusion

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 … more »

Class Action (Real Estate Price Fixing)

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 … more »

Auto Accident: Child with Permanent Brain Injury

Conducted a ThemeTesting® focus group study on behalf of the defense in a case that involved an infant who suffered permanent brain damage after the automobile her mother was driving was struck by the defendant’s truck at an intersection and rolled over, ejecting the child. Plaintiffs were seeking damages for medical expenses, pain and suffering, … more »

Tobacco Settlement Arbitration

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 … more »

Wind Farm Litigation

Assisted the defense with development of trial themes and strategies in litigation brought against a wind farm by local residents who alleged the wind farm caused them to suffer adverse health effects and emotional distress, harmed their quality of life, and lowered their property values. The plaintiffs alleged intrusions upon their property rights, including low … more »

Commercial Dispute: Real Estate Development

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 … more »

Breach of Contract Litigation (Food Services Contract)

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 … more »

Personal Injury Defense

Conducted a ThemeTesting® focus group study for a defendant in consolidated, multi-plaintiff litigation relating to a catastrophic structure failure that resulted in multiple severe injuries and deaths. Also assisted the trial team with theme development, case valuation, demonstrative exhibits, and tracking and analysis of pretrial news publicity. A favorable settlement for our client was reached … more »

Age Discrimination Suit

Conducted a research project for the defendant in an age discrimination case in the Northern District of Indiana. The case involved an insurance company executive who was fired as part of the company downsizing. The plaintiff was seeking back pay, front pay, and liquidated damages. A settlement favorable to our client was reached just before the … more »

Wrongful Death Case (Product Liability)

Conducted a jury research project on behalf of the defense in a product liability matter in the District of Colorado. The plaintiffs alleged that our client’s product was unreasonably dangerous, had defective warnings, and had caused the death of their family member, who was 23 years old at the time of the incident. The research … more »

Agribusiness Technology Licensing Dispute

Conducted mock jury research, assisted with jury selection, and developed all demonstrative exhibits for the plaintiff in a jury trial in the Southern District of Indiana. The case involved breach of contract claims relating to a technology licensing agreement and the plaintiff was seeking unpaid royalties. Result: A confidential settlement was reached following the first … more »

Equestrian Case (Traumatic Brain Injury)

Conducted a two-panel, jury simulation study for the defense in a personal injury case that was pending in Florida state court. The plaintiff struck his head on the ground and suffered a severe brain injury after he unsuccessfully attempted to mount a horse owned by the defendants. The jury simulation study assisted the trial team with case valuation … more »

Jury Trial in Railroad Injury Case

Developed a demonstrative timeline for use by the plaintiff in a jury trial in state court in Illinois. The case involved a 19-year-old railroad conductor who suffered massive injuries to his legs, pelvis, and abdominal area. Result: $33 million jury verdict in favor of our client.

Criminal Bid-Rigging Trial

Provided extensive consulting on behalf of the defense in preparation for a three-week, federal, jury trial in a case involving bids submitted to the Kentucky Transportation Cabinet for highway construction contracts. The United States accused the defendants of conspiracy, bribery, and obstruction of justice. Our efforts included multiple phases of consulting and research, including community … more »

Product Liability Case Involving FEMA Trailer

Conducted a community attitude survey in New Orleans on behalf of the defense in a case involving a serious injury that occurred in a FEMA trailer following Hurricane Katrina. The survey helped the trial team evaluate the importance and prevalence of certain pre-existing beliefs and attitudes within the New Orleans community and assess the potential … more »

Business Methods Patent: Jury Trial

Assisted the plaintiff, a life insurance company, with a jury trial in federal court in Iowa. The case involved a business methods patent infringement dispute. We conducted ThemeTesting® studies prior to trial, assisted with jury selection, and prepared the demonstrative exhibits used throughout trial. Result: $13.1 million jury verdict in favor of our client.

Products Liability: Wrongful Death

Conducted both a ThemeTesting study and a Mock Opening Statement Study on behalf of the defense in a product liability matter in San Jose. The plaintiffs alleged that the defendant’s product was unreasonably dangerous and had caused or substantially contributed to their family member’s death. The background facts of the case involved politically- and socially-charged issues, such … more »

Jury Trial in Commercial Litigation

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

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 … more »

Professional Sports Employment Dispute

Conducted a mock arbitration study on behalf of a professional sports team in an employment dispute with a player. The employment dispute was governed by the terms of a collective bargaining agreement and was subject to an arbitration provision. The study involved presenting briefing, oral arguments, and evidence to a panel of mock arbitrators recruited from across … more »

Criminal Commodities Fraud Case

Conducted a multi-day ThemeTesting study in Houston on behalf of the defense. The United States had alleged that several professional commodities traders had entered into an illegal conspiracy to manipulate and corner a particular energy commodities market.  A three-day ThemeTesting® focus group study was conducted, which assisted the trial team with case assessment and the development of … more »

RICO Jury Trial

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

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 … more »

Chemical Exposure Case: Punitive Damages Study

Conducted a six-panel, ThemeTesting® study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested key facts, themes, and arguments relating to the issue of punitive damages. The study provided the trial team with important information regarding key documents and witnesses relating to … more »

Champ Car World Series Dispute

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 … more »

Mesothelioma Case

Conducted a three-panel, ThemeTesting focus group study in Oakland, California. The plaintiff claimed asbestos exposure resulting from repair work performed on appliances manufactured by our client. The ThemeTesting study revealed which defense themes resonated with mock jurors and also revealed specific challenges likely to be encountered in a jury trial. The ThemeTesting study contributed to case valuation and, … more »

Class Action (Annuities)

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 … more »

Biotech Patent Litigation

Conducted a six-panel, ThemeTesting® focus group study in San Francisco, California. The case centered on a patent dispute relating to complex technology used in certain medical devices. The case involved numerous and intricate arguments relating to infringement, validity, and damages. The ThemeTesting study assisted the trial team with determining which arguments and themes were likely to resonate with … more »

Real Estate Litigation

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. 

Criminal Securities Fraud Matter

Conducted a ThemeTesting focus group study in Manhattan in a criminal matter involving allegations of securities fraud.  The results of the study assisted the trial team with identifying persuasive evidence and evaluating the risks associated with trial.  The case was ultimately tried to a jury in the Southern District of New York.

Criminal Tax Fraud Case

Assisted with jury selection, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of tax fraud, which was tried to a jury in the Southern District of Indiana, Indianapolis Division.

Criminal Election Fraud

Conducted a mock briefing project in which draft and actual appellate briefs were sent to a panel of former appellate judges in advance of filing with the court.  The appellate judges were surveyed regarding their reactions to the briefing and participated in a moderated conference call to further share their thoughts and opinions regarding the … more »

Mesothelioma Case Involving Premises Liability

Conducted a three panel ThemeTesting® focus group study for the defense in a mesothelioma case. The plaintiff alleged that asbestos located on the premises where he had performed pipefitting work for the defendants had caused his mesothelioma. The ThemeTesting study provided the trial team with important insights into the strengths and weaknesses of their case, particularly with … more »

Commercial Litigation Jury Trial

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 … more »

Fire & Explosion Jury Trial

ThemeVision was engaged by the defense following a significant jury award in a wrongful-death case involving an explosion and a resulting fire. The post-trial juror interviews revealed information important to the trial team regarding the jury’s reaction to specific evidence and the process and analysis the jury employed in determining damages. 

Legislative Presentation

Assisted client with developing concise, persuasive themes for testimony to be presented to the state legislature; developed demonstrative exhibits and leave-behind packets to facilitate the communication of complex financial analyses to state legislators.

Insurance Coverage Dispute Involving Pharmaceutical Company

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 … more »

Commercial Litigation

Conducted a ThemeTesting® study for the defense in commercial litigation involving two large corporations. 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 … more »

Fraudulent Misrepresentation & Trademark Infringement

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 … more »

Criminal Trade Embargo Matter

Conducted a ThemeTesting® focus group study in a matter in which multiple criminal defendants were alleged to have knowingly violated a trade embargo.  The focus group data revealed specific themes and arguments that did and did not resonate with the focus group participants and also revealed some of the risks of proceeding to trial, allowing … more »

Fire & Explosion Case

Conducted a three-panel jury simulation project in a wrongful death case.  The case was pending in state court in Texas and involved a fatality suffered in a house fire.  The plaintiffs alleged that the defendant’s product had caused the fire.  The study assisted the trial team with identifying risks associated with proceeding to trial.

Pesticide Exposure: Wrongful Death

Conducted a two-panel jury simulation project for the defense in a wrongful death case.  The plaintiffs alleged that the decedent’s death and preceding illnesses were caused by exposure to an over-the-counter pesticide.  The jury simulation study assisted the trial team with testing key causation defenses and determining which arguments and themes were more or less likely to … more »

Pesticide Exposure Case

Conducted a six-panel jury simulation study for the defense in Los Angeles, California. The plaintiffs claimed that a commercially-applied pesticide was defective and caused their two daughters, an infant and a toddler at the time, to suffer severe neurological injuries. The jury study evaluated two alternative defense themes and assisted the trial team with making … more »

Crop Damage Litigation (Herbicide)

Conducted a two-panel jury simulation project for the defense in a case involving crop damage.  The plaintiff alleged that the crop damage resulted from application of an herbicide product.  The jury research assisted the trial team with identifying themes and arguments that resonated with mock jurors in rural Washington. 

Fire Litigation Involving Multiple Deaths and Catastrophic Injuries to a Child

Conducted community attitude surveys, ThemeTesting focus groups, and a mock jury study on behalf of the defense in a case involving multiple fire deaths and a severely disabled child.  The plaintiffs alleged that our client’s product had caused the fire.  The empirical research helped the trial team to evaluate the risks of trial and value … more »

Energy-Related Antitrust Litigation

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 … more »

Trade Secret Litigation

Conducted a jury simulation project on behalf of the plaintiff in a case involving the theft of trade secrets by the plaintiff’s former employee.  The case, which involved energy and utilities, was tried to a jury in the Southern District of Indiana and resulted in what was then the largest jury verdict in Indiana Federal Court history.