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Giving Anger a Voice: Approaching Anti-Corporate Frustration Through Trial Strategy

The assassination of UnitedHealthcare CEO Brian Thompson ignited a complex array of public reactions. Amid the standard shock and sympathy, many less orthodox responses emerged: expressions of dark humor, bitter comparisons...more

The Water’s Fine? Navigating Water Contamination Litigation

Perhaps one of the most quintessential concerns for corporate defendants in the last decade is that of nuclear verdicts. In just a decade, from 2013 to 2022, there were 115 verdicts of $100 million or more. The Institute for...more

The Future Is Now: Preparing for Today’s and Tomorrow’s AI Litigation

Recent developments in artificial intelligence (AI) have taken the world by storm, with many industry leaders and technology optimists eagerly anticipating its integration into processes and solutions across nearly every...more

Industrial Disasters Are Derailing The EPA—and Defendants With It

The February 2023 train derailment in East Palestine, Ohio, captured the attention of the nation. The public beheld evacuation orders, reports of air, water, and soil contamination, and a billowing black cloud of burning...more

Very Soon, Companies Will Have To Defend Their AI’s Decisions Too

In the last 30 years, artificial intelligence (AI) has transformed from software that could almost beat a chess world champion to today’s systems that use “language and image recognition capabilities … comparable to humans,”...more

What Jurors’ Views on the “Great Resignation” Mean for Corporate Defense Lawyers

While the CARES Act, PPP loans, and boosted unemployment checks helped nudge the nation out of its pandemic-induced inertia, the expected return to economic normalcy was anything but normal. Until the past few months, key...more

Confirmation Bias: Why Better Evidence Is Not Enough

In a recent jury research exercise for a product liability case, both the plaintiff and the defendant presented testimony from their respective medical expert, each offering her professional opinion as to the primary...more

What to Include in a Supplemental Juror Questionnaire (SJQ)

Recent years’ events have inspired experiential and attitudinal changes among jurors across the board. The 2016 presidential election and the COVID-19 pandemic fostered a shift in attitudes about corporations, governmental...more

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