Defense Strategy Posts

Managing the scope of multidistrict litigation (MDL) is a daunting task for attorneys and trial teams. The sheer number of cases, attorneys, and witnesses involved in the process creates significant challenges, especially when trying to keep everyone involved in the …

“I pissed off one of my team members,” our client said (we’ll call her Claire). She and I were working on a case that was sizeable and required a substantial team. She pulled me aside for advice and to blow …

A stock bit of advice that is frequently used by trial consultants is that you have to “tell a story” to be successful in trial.  The mere “stacking of facts” is not enough to successfully persuade a jury to accept …

This article by Tsongas Consultant Theodore O. Prosise, Ph.D. and Peter Ehrlichman, Esq. originally appeared on the Inside Counsel website on October 9, 2015. You can access the original here. Additionally, if your firm is interested, Tsongas conducts seminars and CLEs on this and …

I didn’t believe it until I saw it myself. It was the 1990s, and I was learning how to apply my graduate school knowledge to the field of trial consulting. I was doing this the way many do, facilitating focus …

Even if you’re not a football, Seahawk, or Super Bowl fan (and if you’re not, we’re still accepting new12th fans!) you couldn’t possibly have missed the brouhaha created by Richard Sherman’s interview with Erin Andrews following the Seahawks’ win over …

In the 1960s, neuroscientist Paul MacLean posited a model of the human brain consisting of three parts: the reptilian, the paleo-mammalian, and the neo-mammalian.  The “r-complex,” or the reptilian element, which includes the brain stem and the cerebellum, is the oldest part …

 The University of Miami, after a long and possibly bumbled investigation by the NCAA, was hit with penalties this week due to a variety of violations, including “lack of institutional control.” Speculation about the ramifications of Miami’s actions had many …

The dilemma for civil defendants is simple.  Although the plaintiff has the burden of proof, the plaintiff frames the issues of the case first. They establish the initial narrative structure they want the jurors to adopt.  Second, the plaintiffs, in …