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The Litigation Consulting Report

Courtroom Graphics in Mining Cases (e.g. Coal, Gold, Copper, Uranium)

Posted by Ken Lopez on Mon, Jan 9, 2012 @ 11:20 AM

Because of the continuing high value to society of minerals that are mined from the earth, mining litigation, when it occurs, often involves very high stakes.  This is all the more true in our high-tech era, in which a wide variety of minerals have found new, very valuable uses in cutting-edge scientific and industrial applications.

For example, one little-known “rare earth” metallic element, dysprosium, is now used in laser materials, commercial lighting, control rods in nuclear reactors, hard disks, drive motors for hybrid electric vehicles, and high-precision fuel injectors.  The vast majority of jurors have never heard of this element, whose continued availability is crucial to the nation’s economic well-being. 

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When A2L is involved in mining litigation, the case can involve a dispute over mining technology, a conflict over the value of a mined material, a dispute about how valuable minerals from the mining operation will be distributed according to a contract, or an environmental dispute usually involving mine waste such as wastewater or tailings.

Often these cases are tried in courtrooms where the jury pool is very far removed from the concepts of mining and needs to be educated about those basic concepts.

For example, tailings are the materials left over in a mine after the process of separating the valuable fraction of the ore from the uneconomic fraction.  To a population of a mining town, their characteristics are well known; an urban jury, however, will require considerable education about how tailings are produced and what their environmental risks may be.

A 2002 report, Stewardship of Tailings Facilities[pdf], concluded that “tailings storage facilities typically represent the most significant environmental liability associated with mining operations. They have been in the news frequently in recent years for unfortunate reasons, as a result of a series of well-publicized failures subjected to rapid and widespread reporting in the media. These recent failures, together with previous ones, have put the mining industry under increasing pressure and scrutiny in regard to its environmental practices in general and the safety of tailings impoundments in particular. “ The industry is often placed in a position where it needs to respond to that scrutiny.

Courtroom graphics are important to give juries a balanced view of the issues surrounding mining operations – issues that jurors know little about and that are subject to manipulation by interest groups that see only one side of the issue.

A simple 2D animation, below, is used to show how the copper mining process works. This type of animation is easy and inexpensive to produce and is convincing to a jury.


Another animation, below, shows the way in which a company prepares a copper deposit for the process of open-pit mining.


The straightforward schematic diagram, below, illustrates different techniques that mining companies can use for the treatment of mine waste water.

courtroom graphics mining wastewater treatment


Another straightforward diagram, below, shows the way in which the coal that is produced by a mine is allocated among the owners of the mine.

courtroom graphics coal mining litigation 

As with any topic outside the normal experience of the average judge or juror, care must be taken to explain enough for the fact-finder to allow them to make the right decision. Courtroom graphics, including static charts, electronic exhibits and animations, make it possible to communicate a lot of complex information quickly. In an era of increasingly efficient trials, the courtroom graphics are used, the more time can be saved.

Related materials on A2L Consulting's site:

courtroom graphics demonstrative evidence mining cases

Tags: Energy Litigation, Trial Graphics, Litigation Graphics, Trial Presentation, Courtroom Presentations, Trial Consulting, Demonstrative Evidence, Animation, Mining Litigation

Legal Animation: Learn About the Four Types Used in the Courtroom

Posted by Ken Lopez on Tue, May 24, 2011 @ 11:01 AM

The art and science of animated trial graphics has evolved dramatically over the past 10 years.

Animation used to refer only to 3-D animations that were produced with programs such as Autodesk Maya or Autodesk 3ds Max, formerly 3D Studio MAX.

Now a much broader array of animation tools is available to the courtroom animator, and each one has its own niche and its own strong points. We are able to provide animations of all of these varieties in-house, and we work with our clients to select the one that is best in terms of persuasive power, applicability to the problem at hand, and cost.  We have done this since 1995.

powerpoint litigation graphics consultants

PowerPoint Animation

PowerPoint Animation has become by far the most widely used type of animation today. Only 5 percent or so of all courtroom animation 10 years ago, it now amounts to as much as 90 percent today. It is a flexible tool that is adaptable to many types of cases and many types of illustrations.

For example, this PowerPoint demonstrative illustrates how airbags are designed to deploy in a frontal collision, a side collision, and an oblique collision. This brief animation uses high-quality technical illustration along with PowerPoint to illuminate the airbag technology for a patent infringement case.

2-D Animation

Two-dimensional animation, produced in a program like Adobe After Effects, can also be a very useful tool. It is quite inexpensive and has an immediate appeal to jurors.

In one case, for example, we provided a brief, sequential 2-D illustration of how the copper mining process works, from the raw ore to the finished product. When budget is at issue, this type of animation is ideal for describing complicated information to jurors.

3-D Animation

Three-dimensional animation is particularly useful when small details, rather than broad outlines, are at issue. For example, in a patent trial where the workings of a toner bottle were at issue, we produced a graphic that showed the toner bottle in all three dimensions, so that the jurors could understand the unique technology that permits the toner to move through the grooves of the bottle. Here, a two-dimensional representation would not have been adequate to show how all the parts of the bottle work together. We also used close-up views to show precise details.

Flash Animation

Finally, we have used Flash animation to present long-form tutorial videos. Often, these are intended for judges rather than for juries. For example, we often use Flash to build patent tutorial videos that explain the background of the technology at issue in major patent litigation. Since a great deal of patent litigation occurs in the Eastern District of Texas, we have created many 30-minute tutorials for judges there that combine audio and video.
One good example is a demonstration that we provided of the workings of a “picking machine” in a hospital that uses both information technology and mechanical technology to translate a physician’s prescription orders to the actual selection by mechanical means of a medicine from an array of drugs.

With animated trial exhibits finding their way into most cases with at least millions of dollars at stake, the modern litigator must be aware of the four courtroom animation options.  Fluency in this language of animation will result in savings of time and money.

Tags: Energy Litigation, Trial Graphics, Trial Presentation, Juries, Animation, Patent Litigation, Environmental Litigation, PowerPoint, Mining Litigation, Automobile Litigation, Information Design

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Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.

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Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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