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The Litigation Consulting Report

The 10 Top Free Trial Lawyer Resources of 2016

Posted by Ken Lopez on Wed, Nov 2, 2016 @ 03:57 PM

best litigation ebooks webinars cle for trial lawyers of 2016by Ken Lopez
Founder/CEO
A2L Consulting

As we approach the end of 2016, I'm reviewing the many free resources that have been viewed and downloaded from A2L Consulting's extensive litigation-focused website this year. From podcasts to blog articles to free downloadable e-books to free webinars, we have given back this year to the trial community more than ever.

Our blog has been accessed 250,000 times, our 20+ free e-books have been downloaded tens of thousands of times and more than 1,000 new subscribers have signed up for a free litigation and persuasion-focused blog subscription in the past year.

To help sort through all that data and information and focus on just the best content and resources, here are the 10 items, all completely complimentary and without additional obligation, that saw the most intense attention this year from the litigation industry's top players.

  1. free litigation ebooks for trial lawyersVisits to A2L's free resources (podcasts, e-books, webinars etc.): This central set of resources allows visitors to our site to direct themselves to the information they most need.




 

  1. ryan-flax-a2l-litigation-consultants-webinar-recorded.jpgStorytelling for Litigators Webinar: The science of using storytelling for persuasion is in its nascent stages. This webinar explains what is now known and how to best use storytelling techniques to influence other people’s thoughts and conclusions.

 



  1. a2l-patent-litigation-consulting-4th-toolkit.jpgThe Patent Litigation Handbook 4th Edition: During A2L's more than 20 years in business, intellectual property cases have represented nearly half of our total work. Therefore, it’s no surprise that when we want to update one of our handbooks, we often turn to our patent litigation handbook. It’s a perennial winner.

 



  1. a2l-consulting-voir-dire-consultants-handbook-cover-drop.jpgThe Voir Dire Handbook: I'm surprised by how popular this book is, but voir dire continues to be one of the most searched for terms on our site. We routinely help support trial teams during jury selection and conduct mock exercises that have a voir dire component.

 




  1. complex-civil-litigation-ebook-free.jpgComplex Civil Litigation Handbook: This book is a necessity for anyone who enters civil courtrooms, develops theories for civil cases, or works on complex civil litigation.










 

  1. trial-timeline-ebook.jpgTrial Timelines E-Book: Used in almost every case, timelines are an essential communication tool. If you think that a timeline is simply a date bar with topic flags, this book has a great deal to teach you about this valuable concept.






 

  1. storytelling-and-persuasion-for-litigators.jpgStorytelling for Litigators E-Book: This book and its prior edition has been downloaded thousands of times.

 







  1. expert-witnesses-how-to-answer-questions-deposition-cross-1.jpgThe Top 14 Testimony Tips for Litigators and Expert Witnesses: No matter how well prepared a witness is, he or she can face a tricky question or a trap planned by opposing counsel. This article identifies 14 of those common situations and the best strategies to foil these tactics.

 




  1. best-voir-dire-questions-to-ask-mock-trial-federal-court-1.jpgFive Questions to Ask in Voir Dire . . . Always: This blog article originally published in 2013, has been read nearly 20,000 times this year alone.




 

  1. litigation-consulting-report-blog.pngOur litigation blog, The Litigation Consulting Report. Now, every year, more than a quarter-million visits are paid to our blog. It's been named a top litigation blog by the American Bar Association, The Persuasive Litigator, Cogent Legal, Justia, LitigationWorld and many other organizations. Why not claim a free subscription here or share one with a friend?






Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Jury Consulting, Litigation Consulting, Trial Consulting, E-Book, Demonstrative Evidence, Webinar, Litigation Support, Patent Litigation, Voir Dire, Storytelling, Timelines, Podcasts, blog

[Free and New E-Book] Patent Litigation Toolkit - 4th Edition

Posted by Ken Lopez on Wed, Feb 10, 2016 @ 03:51 PM

A2L PATENT LITIGATION TOOLKIT 4TH editionby Ken Lopez
Founder/CEO
A2L Consulting

Since our founding 20 years ago, nearly half of our consulting work has involved patent litigation. Patent cases are uniquely suited to our brand of consulting, which relies on storytelling, persuasive demonstratives, and the simplification of complex materials for communication at trial. So it is with great pleasure that we release the 4th edition of our Patent Litigation Toolkit (download here).

It seems obvious that our litigation consultants and litigation graphics consultants would routinely help patent litigators make their cases presentable and digestible for jurors. After all, these cases are often incredibly complex, involving issues of detailed mechanics, organic chemistry, and cutting-edge electronic technology.

Less obvious perhaps, is the need for good storytelling. In fact, a lack of good storytelling is the undoing of many a patent case and patent litigator. After all, jurors will develop a story about your case whether you give them one or not. If you've done your trial preparation correctly, you will have offered one to them that they can believe in.

This complimentary 270-page book is designed to help you with all of your patent litigation challenges - from storytelling to the simplification of complex material. I think you'll find articles like these very helpful: 

  • 5 Tips For Inter Partes Review Hearing Presentations at the PTO
  • 11 Tips for Winning at Your Markman Hearings
  • 16 PowerPoint Litigation Graphics You Won't Believe Are PowerPoint
  • Introducing Mock Markman Hearings to Patent Litigation
  • Trial Graphics in Patent Litigation - 11 Great Demonstrative Tips
  • Explaining a Complicated Process Using Trial Graphics
  • 10 Things Every Mock Jury Ever Has Said
  • 5 Questions to Ask in Voir Dire . . . Always
  • 5 Essential Elements of Storytelling and Persuasion
  • 12 Worst PowerPoint Mistakes Litigators Make

This book is completely free and one of 20 that we offer as a complimentary resource to the legal industry. Download The Patent Litigation Toolkit 4th Edition by clicking here or by clicking the image below.

free patent litigation toolkit 4th edition from a2l consulting - top litigation consulants

Tags: Patent Tutorial, Markman Hearings, Litigation Graphics, Litigation Consulting, Litigation Support, Patent Litigation, Storytelling, Claim Construction, ITC, Design Patents

What Does A Case-Winning Trial Graphic Look Like?

Posted by Ryan Flax on Fri, Dec 18, 2015 @ 12:57 PM

itc-litigation-graphics-wiper-blades-patentby Ryan H. Flax
(Former) Managing Director, Litigation Consulting
A2L Consulting

Sometimes a trial graphic really does make the difference.

We can’t say that in each case we’re involved in, a trial graphic likely won the case or played a major role in the win. We support some of the best lawyers in the country and they use the tools we provide to do what they do at trial. Usually we’re there to make sure they do the best they can do, but sometimes we provide that key image or animation (and the associated consulting input) that really clicks with a judge or jury and enables the win. Here’s a recent example.

“Insert, Pivot, and Lock”

This was a patent infringement case before the U.S. International Trade Commission concerning the connection mechanism between automobile windshield wiper blades and wiper arms – that little piece of plastic that might as well be a Rubik’s cube for most of us almost every time we need to change our wiper blades. Our client held several patents covering a very special wiper blade connector that was being ripped off by a competitor. To win at trial (final hearing at the ITC), we had to get the judge to agree to our way of understanding the rather verbose patent claim language covering what was a simple, although elegant, invention.

patent-claim-language-trial-graphic.jpgHere’s an example of the claim language captured as an image from the patent:

I’d say that this is a challenging read, whether you’re a judge, a patent attorney, or a fast food restaurant cashier. It’s pretty technically complex and rather long. Definitely “lawyery.” No doubt that it satisfies the legal requirements for claim language, but it almost takes one’s breath away.

We needed to distill this language and the concepts behind it into something that was easily understandable, but we couldn’t be over-argumentative about it. Upon reading this claim language with the benefit of the rest of the patent’s disclosure and the reader’s own common sense, the invention had to seem simple (but elegant).

With that understanding, how do you do it?

After a good deal of brainstorming with the litigation team, we found that the core of the invention was the configuration of elements that allows a user to join a wiper blade to a wiper arm by simply inserting the end of the wiper arm into the connector and then pivoting the two parts together so that they securely lock with one another. Easy enough to say, but it wasn’t so easy to actually identify this concept and explain it with any level of simplicity and specificity and persuasiveness.

After a good deal more brainstorming and whiteboard drawing, we developed a graphic design that really explained it. It was much easier to grasp the inventive concept and more convincing to show it visually, as follows:

With the animation above, we boiled down the claim language into something understandable by anyone, tangible, and acceptable for the judge. We can SEE it; he could see it. It makes perfect sense. The invention (and the infringing products) must work this way – of course.

It may look exceedingly simple, but I assure you it is not. It was not so simple to conceive as a solution to the obstacles in the case. It was not so simple to design conceptually. And it was not so simple to develop the 2D animation (all in Microsoft PowerPoint, I might add). It all works and worked perfectly.

After we showed this animation to the judge during the claim construction hearing, and after the accompanying argument, he eventually began reciting the tag-line of “insert, pivot, and lock” himself in addressing questions to counsel. A pretty good result to that point.

The results of the case were even better.

In the public version of Judge Pender’s Initial Determination (at 32), when discussing the claim construction, he titles one section “The End Portion of the Wiper Arm and the Connecting Element Can Pivot with respect to Each Other About the First Location Until Said Securing Portion Secures the Second Part of the End Portion of the Wiper Arm.” This illustrates that he really gets it. He doesn’t mention the insertion part here, but this part of his final opinion is devoted to the concept that after that insertion the two wiper system components pivot together to lock securely, just as the demonstrative shows. It is clear that the accused devices do this and equally clear that the prior art does not, so the judge’s recognition of this concept is critical to both making the infringement case and overcoming the opposing invalidity case.

In the infringement part of his Initial Determination (at 36 et seq.), Judge Pender identifies that the accused devices are assembled via a “simple pivoting motion.” Thus, in his finding, they infringe the patent’s claims. The claims cover “insert, pivot, and lock.” The covered product works by “insert[ing], pivot[ing], and lock[ing].” And the accused devices infringe because they, too, “insert, pivot, and lock.”

Winner!

Moreover, the animation above does more than establish that the wiper blades are connected by inserting, pivoting, and locking. It shows that this motion of locking can be engaged from either side of the wiper blade, that is, in a “toe-to-heel” or in a “heel-to-toe” insertion and pivoting. This was also crucial to establishing infringement by the accused devices (see Initial Determination at 40 et seq.). Judge Pender found that the respondent’s arguments that they couldn’t infringe because their products connected in a backwards sort of way compared to the complainants’ devices were just plainly erroneous.

The result of all these favorable events was a complete victory for our client. The judge found a violation of Section 337 and recommended that the commission issue an exclusion order against the opposing party, which will stop importation of the accused, infringing wiper blade products.

It is not my intention to minimize in any way the wonderful advocacy by our client in this matter. It was truly outstanding. I believe that counsel’s trial strategy combined with the effective demonstrative evidence really sealed the deal here. Seeing, in this case, was believing.

Other articles on A2L Consulting's site related to patent litigation and the use of visuals in patent trials, in the ITC and in IPRs:

patent litigation demonstrative evidence

Tags: Patent Tutorial, Trial Graphics, Litigation Graphics, Demonstrative Evidence, Patent Litigation, Advocacy Graphics, PowerPoint, Persuasive Graphics, ITC

Dan Pink, Pixar, and Storytelling for the Courtroom

Posted by Ken Lopez on Tue, Nov 17, 2015 @ 10:02 AM

pixar storytelling format courtroom trial litigation dan pinkby Ken Lopez
Founder/CEO
A2L Consulting

We talk a lot about storytelling in our A2L blog articles. Our books, webinars, and articles that are focused on storytelling -- like Storytelling for Litigators 3rd Ed.Storytelling as a Persuasion Tool, and 5 Elements of Storytelling and Persuasion -- are among our most popular.

We believe that effective storytelling is central to winning cases, and we've talked about the kind of results you can get when storytelling is used well in $300 Million of Litigation Consulting and Storytelling Validation and Patent Litigation Graphics + Storytelling Proven Effective: The Apple v. Samsung Jury Speaks.

We've also written several times about how to structure a good story or opening statement for trial in articles like How to Structure Your Next Speech, Opening Statement or PresentationPortray Your Client As a Hero in 17 Easy Storytelling StepsThe Top 14 TED Talks for Lawyers and Litigators 2014, and 5 Keys to Telling a Compelling Story in the Courtroom. However, there are many ways to put together an effective story, and the format matters a great deal.

I had the pleasure of seeing the popular speaker, author, and friend of A2L, Dan Pink, present recently at a marketing conference. Dan has written extensively on the social science behind the sales process, the real nature of human motivation, and the future of American business. Part of the talk that I heard at the conference was about storytelling. More specifically, Dan focused on the oft-discussed, highly successful Pixar storytelling format.

If you have not heard about this format before, it's worth learning. After all Pixar is just about the only movie studio that can make us care deeply about an animated character, whether a fish, a robot, or a kids’ toy. And we certainly want our factfinders to care about our clients the way we all cared about Andy saying goodbye to his toys or what happens when Wall-E is reset and is brought back by his robot girlfriend. But how does this work -- especially when our clients are multi-billion dollar companies, hardly the most sympathetic creatures?

As Dan pointed out, Pixar follows a relatively simple storytelling format, and it is one you can use in your next trial to achieve fantastic storytelling for the courtroom results. The format appears in the first image in this article.

It's pretty simple. Every Pixar film follows this format, and there is hardly anything simple about those plot lines - especially how they make us feel. In case you're reading this in a text-only format, it is:

Once upon a time there was _________. Every day, _________. One day _________. Because of that, _________. Because of that, _________. Until finally _________.

It's a format that could be used for any opening statement, minus the “once upon a time” part, of course. Here's how Dan put together a series of slides to illustrate this point about blogging at the conference I attended.

pixar storytelling for the courtroom

dan pink courtroom storytelling

inbound storytelling

how to tell stories in the courtroom at trial

storytelling for lawyers

 

complex civil litigation ebook free

Tags: Litigation Consulting, Patent Litigation, Storytelling, Daniel Pink, Persuasive Graphics, Opening, Persuasion

How the New Commil USA Supreme Court Opinion Changes Patent Litigation

Posted by Ryan Flax on Mon, Jun 1, 2015 @ 09:00 AM

 

us-supreme-court-patent-decision

by Ryan H. Flax, Esq.
(Former) Managing Director, Litigation Consulting
A2L Consulting

On May 26, 2015, the U.S. Supreme Court released its opinion in Commil USA, LLC v. Cisco Systems, Inc. (575 U.S. ____ (2015)) and it will significantly change patent litigation in the U.S.1

In Commil USA, the Court clarified when indirect patent infringement known as “inducement” occurs and how [not] to escape liability. As a bit of background, a patent can be infringed directly and indirectly. The Patent Act, at 35 U.S.C. § 271, makes it unlawful to make, use, sell, or offer to sell (in the U.S.) a patented thing or process without the patent holder’s permission. Part (a) of this section provides liability for direct infringement, that is, outright doing the thing that infringes a patent. Part (b) governs the first of two indirect infringements, induced infringement, and states “whoever actively induces infringement of a patent shall be liable as an infringer.” This is the focus of the Commil USA case. Part (c) of section 271 deals with the second of the indirect infringements (and interestingly, the one that was first statutorily identified), which is contributory infringement, which makes it an infringement to supply a non-staple, component for use in a patented thing or process.

Both types of indirect infringement require that some direct infringement occur and that the accused infringer actually know that its actions will constitute infringement of the patent at issue. The question before the Court was whether it was a proper defense to induced infringement that the accused infringer had a reasonable belief that the asserted patent was invalid. There is no question that there can be no infringement liability of an invalid patent claim, but does that matter when an accused infringer knows that its actions would otherwise infringe?

The Supreme Court held that, no, it does not matter. It’s no excuse and does not absolve liability for induced infringement that the accused infringer had a reasonable belief that the infringed patent was invalid. This is contrary to (and overrules) several years of precedent from the U.S. Court of Appeals for the Federal Circuit, which has held repeatedly that you cannot infringe an invalid patent and so reasonable arguments that a patent was invalid prevent induced infringement liability.2

indirect-patent-infringementThe law of the land on induced infringement is that if there is (1) a direct infringement of a patent and (2) you knew of the asserted patent and (3) you knew that the acts you actively encouraged would infringe that patent, you’re liable for infringement whether or not you thought that patent was valid or invalid. Validity is presumed, so as an accused infringer you can’t assume otherwise.

How will this affect patent litigation and patent counseling going forward?

If clients are potential indirect patent infringers, meaning they don’t actually directly infringe, but they either contribute to infringement (e.g., they supply the key component making infringement possible in an otherwise not-infringing product) or their actions would arguably encourage the direct infringement of others (e.g., a patent claims playing a video game and the client developed the software and sold the game hoping hundreds of thousands of gamers would play it), how can we help insulate them from liability?

Opinions of counsel are key and they must address non-infringement. The point of the legal opinion is to instill a reasonable belief in your client that they do not infringe.

As soon as your client learns of a patent and potential infringement, a well-reasoned (I’d suggest formal) opinion should be developed and it should focus first on a reasonable claim construction that takes the behavior at issue out of the scope of infringement. I do not advocate ignoring validity issues in these opinions, but no matter how well reasoned they are they will not mitigate against indirect infringement unless you actually succeed on the invalidity arguments at trial.

patent-infringement-willfulPre-trial opinions should set out solid reasons why there is no direct infringement. The claim construction is the first step. A reasonable claim construction that pushes the claimed invention away from the client’s behavior or product is the goal. The second step is identifying why the potential infringer’s (this is some third party because the client will be an accused inducer) actions fall outside the patent’s claim scope when properly construed. An alternative, more conservative argument on claim construction and non-infringement may also be warranted, using a claim construction more likely to be adopted by the patent holder. If a direct infringer’s actions reasonably do not infringe the more conservatively construed claims then you likely have a good argument against inducement.

The reasonable claim construction(s) developed at the pre-litigation counseling stage should be carried through to any litigation that ultimately develops so that the pre-litigation reasonable belief in non-infringement is reinforced. District courts get some deference in their claim construction holdings – that is, factual conclusions underpinning a claim interpretation under the law are reviewed for clear error, not de novo, thanks to Teva Pharma. USA, Inc., et al. v. Sandoz, Inc., et al., 135 S.Ct 831, 574 U.S. ___ (2015). This should be taken into consideration when developing non-infringement arguments and the facts upon which your claim construction is based should be carefully planned and soundly supported. Winning at the district court is important for this reason and, so, winning (or at least doing a reasonable job) the Markman is essential. If you had a pretty good, but still losing claim construction argument at the district court, you have an argument to the Federal Circuit that you had a reasonable believe you didn’t infringe the patent because of it.

Above all else, you must plan early to be the most reasonable man in the room when it comes to arguing non-infringement, whether your reasoning is based on claim construction or the facts.

Other articles on A2L Consulting's site related to patent litigation and the use of visuals in patent trials, in the ITC and in IPRs:

[1] The Court’s opinion was written by Justice Kennedy, the same judge who wrote the opinion in KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007).

[2] It should also be noted that the Federal Circuit has ruled similarly on the issue of enhanced damages for willful infringement – that a reasonable belief that a patent is invalid prevents the satisfaction of the first, objective recklessness prong under Seagate(497 F.3d 1360 (Fed. Cir. 2007)). It will be interesting to see if the Supreme Court has anything to say in the future on this issue. The Seagate rule does add that the risk of infringement must be of a “valid patent,” but this is a court-made rule and not statutory.

The materials on this website are provided for informational purposes only and do not constitute legal advice.

Tags: Markman Hearings, Litigation Consulting, Patent Litigation, Claim Construction, ITC, Federal Circuit, Inter Partes Review

5 Tips For Inter Partes Review Hearing Presentations at the PTO

Posted by Ryan Flax on Thu, Jan 29, 2015 @ 03:57 PM

 

inter-partes-review-presentation-graphics-patent-office-ptoby Ryan H. Flax
(Former) Managing Director, Litigation Consulting
A2L Consulting

Inter Partes Review, or IPR, has drastically changed the way we litigate patent infringement in the U.S. In big-budget patent cases, it is now almost inevitable that an IPR will be requested (and likely granted). The process is supposed to take no longer than a year to complete, but under current case law that’s a year’s delay in the district court case. Moreover, the odds are that any patent that enters IPR will not leave it unscathed.

So, whether you need to win an IPR to save your client’s patent’s claims or to insure your client against infringement allegations, the bottom line is that it’s critically important. And, you need to win.

Here are what I believe to be five important tips for improving your chances of victory once you get to the oral argument stage at the end of an IPR. At that point, you’ll need to convince Administrative Patent Judges that you’re the most reasonable person in the room and what you’ve said throughout the IPR “just makes sense.”

alexandria-inter-partes-review-presentation-graphics-patent-office-pto1. Always Support Your Argument With Visuals

As in any situation where you need to be persuasive in a presentation, there are steps you must take to be as persuasive as possible. The use of visual support for your argument is essential. Studies show with scientific certainty that it will make you more persuasive, all things being equal.

Moreover, other studies establish that it does you no good to merely make some PowerPoint slides and show them just “when you need them.” It has been confirmed that you must support the entirety of your oral argument with visuals in an immersive way – always give your audience something to see while you speak. This is the only presentation style that provides a significant improvement in persuasiveness over pure oral argument alone.

The PTAB itself (read the APJs that will be hearing your oral argument) wants you to use visual support for your argument and provides you the means to do so. As explained at the USPTO website:

[a]t the Alexandria hearing rooms, the Board has an easel, an Elmo projector, a laptop projector, and a screen, which may be requested for oral arguments. For Microsoft PowerPoint and other computer-based presentations, the party must provide its own laptop. Animation and video demonstratives cannot be presented at a hearing without specific prior authorization. The hearing rooms do not have Internet access capabilities – all information must be stored on the party’s laptop (e.g., a hard drive, flash drive, or CD).

So, use the tools available to you and follow these rules and get the permissions you need. But, the bottom line is that you must do more than explain why the claims at issue are or are not patentable – you must show the judges why it’s so and do so in an engaging way.

2. Keep Your PowerPoint Presentation Crisp And Clean

IPR-patent-litigation-crisp-clean-presentationIn both your argument and your visual support thereof, get right to the point. The Board doesn’t want any hyperbole, nonsense, or fluff.

The USPTO guidelines request that counsel begin their “conversation” with the Board with the critical issues, not extensive background. So, first explain the main reasons (each of them – I always suggest having 3) why you should win and show these reasons in your first slide. This presentation style sets a clean agenda for your oral argument and one you can return to as you move through your presentation. The APJs will know what to expect from you and will be able to work in their questions a little more on your schedule this way – if they have questions they brought to the hearing they can ask them at the appropriate time if they know you’re going to hit on that subject. This helps you make the points you want to make with less interruption.

You want to make the APJs’ jobs easier for them. Help them understand the technology as you see it, the facts as you see them, the claim language as you understand it, and the prior art as you know it. This help to the Board will come in the form of pinpointing and highlighting the special things about the technology and claim language that might not be clear enough from the papers alone. Point out the things, and do so visually, that seem to have been or might be overlooked by the APJs.

patent litigation webinar free litigation graphics demonstrative Use graphics to establish why your interpretation of things is the MOST REASONABLE one. When what you’re saying and showing can only be responded to with, “that seems to make sense,” you’re on the right track. The first step here is to separate the wheat from the chaff and made things more, not less, clear.

Likewise, your graphics should be clear and unembellished. Make them easy to see, easy to read, easy to interpret, and memorable. Don’t use unnecessary animations – control the urge to go “PowerPoint crazy.” But make your graphics look professional and make them well composed.

3. Simplify The Complex

patent-trademark-office-alexandria-litigation-trial-support-graphicsTechnology is, by its nature, complicated. Throw in claim language written by a patent prosecutor with little time and a penchant for using less than standard-everyday-English, a thick stack of prior art, and the nuances of Sections 102 and 103 and you’ve got the recipe for confusion. APJs are human beings and, so, they will appreciate you distilling the facts, science, and law for them into a more easily digestible pill. Doing so will make you more persuasive.

Always ask yourself the question, “why are we really here” or “what is this really about” when beginning to develop your oral argument and accompanying graphics. If you can explain in words and images what claim language really means or what a prior art references fails to disclose and why, simply and clearly, you are certainly ahead of the game.

This is not so easy and many patent attorneys find it difficult to simplify the complex. Using graphics and, actually, planning the development of the graphics you’ll use, makes this job easier. You’ll have to determine how to economically tell your story in images and doing that will help you cull the key facts and storylines from fluff and extraneous details.

4. Minimize Text

Beyond helping litigation counsel develop their case so they are the “most reasonable person in the room” come time for argument, my most important job is often forcing attorneys to reduce the amount of text they want to include in their visual support for oral argument. A text-heavy PowerPoint presentation is a barrier to connecting with your audience, a barrier to good communication, and a barrier to persuasiveness.

pto-alexandria-litigation-trial-support-graphicsIf you are asking (aka, forcing) your judges to read your argument while you’re also making it orally, you’re not connecting with them on a human level and you’re not engaging them. You want your hearing graphics to support what you’re saying and to make it more readily understandable and memorable. You don’t need or want to be redundant.

Incorporating too much text in your visual presentation introduces several potential problems. It increases the chance that you’ll use PowerPoint as a crutch and will base what you say on what you’ve written into your slides. Besides being boring, this presents another problem – that of the “redundancy effect,” where you simultaneously say what you show in text on the slide and thereby turn off your audience’s brains. Finally, as much as most attorneys love them, having too much text probably means you’ve includes lots of bullet-point lists in your presentation, which is a presentation killer for many reasons.

Use your opportunity to show graphics to pinpoint the important evidence for the Board and highlight language and facts that you want to stand out. Compare the language of your claims to the disclosure or non-disclosure of the prior art visually. Don’t simply show your briefing in PowerPoint form.

best of the national law journal A2L Consulting

5. Develop A Related, But Different Leave-Behind Document

If you’ve followed my tips above, you’re using a graphics presentation, but you’ve significantly reduced the text content of your graphics and doing so has probably caused you some heartburn. Do not dismay. My last suggestion is to save all that text you wanted to put into your PowerPoint slides, e.g., your oral argument script, and combine it with the graphics you ultimately did use in the hearing. This will be your hand-out and leave-behind for the Board.

As discussed at the USPTO website:

For AIA trials, unless otherwise directed, demonstrative exhibits must be served on opposing counsel at least five business days before the oral argument and a copy served electronically at the Board no later than the time of the oral argument. 37 CFR § 42.70(b).
***
Parties are advised to bear in mind that some judges may appear remotely from other locations. It is incumbent on the parties to ensure that any demonstratives used during an oral hearing are visible and available to all judges on the panel. For example, demonstrative exhibits displayed on an easel or via a projector may not be able to be seen by judges participating remotely. Those remote judges will refer to the electronic copy of the demonstrative exhibit provided by the party in advance or to a copy of the relevant document as it appears in the record. As such, parties should also clearly identify during the oral hearing any demonstrative exhibit to which they are referring to enable all judges participating in the hearing to follow along with the argument being presented.

patent-litigation-inter-parties-review-ptoAs the USPTO suggests, make sure all the judges have access to your demonstratives. This leave-behind is a good way to do that. It will combine the memorable and engaging graphics you used at your oral argument with what is essentially that same, scripted argument (uninterrupted by questions) in the notes associated with those graphics. Package it nicely so the APJs can refer back to your demonstratives and recall how they relate to your argument (the document can also easily be in PDF format to email remote judges).

Other patent litigation-related resources on A2L Consulting's site:

patent litigation toolkit 3rd edition free ebook

Tags: Patent Tutorial, Trial Graphics, Litigation Graphics, Demonstrative Evidence, Patent Litigation, PowerPoint, PTO, Alexandria, Inter Partes Review

How To Find Helpful Information Related to Your Practice Area

Posted by Ken Lopez on Fri, Jan 2, 2015 @ 04:34 PM

 

practice-area-experience-a2lby Ken Lopez
Founder/CEO
A2L Consulting

Not every page, blog article, webinar or e-book on A2L Consulting's site is right for everyone. As the saying goes, what is everyone's favorite radio station? WII – FM, of course. Otherwise known as "what's in it for me?"

With hundreds of articles, dozens of e-books and hundreds of other pages, A2L's website has over 2,500 pages of valuable content. Sometimes, finding materials that are specific to your litigation practice area or need can be a challenge with all the available options.

You can search A2L's site or even browse by topic area using a topic list in the sidebar of every blog post. In spite of this, I still hear from a lot of people who wonder whether we have experience working in their specific practice area or where they can find useful information related to their practice.

I wrote this article to highlight some very useful information organized by practice area below. I've broken down the practice areas into 14 topics that cover most of the work we do. The alphabetical list with links under each topic should prove helpful when looking for the information most relevant to you.

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Antitrust: Our work in antitrust often involves making complicated economic principles make sense to judge and jury. Working with experts is essential in these cases to help them develop a coherent story.

Banking, Securities & Finance: Our banking litigation work has most often included allegations of banking fraud, disputes involving CDOs or some other financial industry-collapse related litigation.

Bankruptcy: Our bankruptcy work usually involves advisory disputes or the failure of a large company.

Complex Civil Litigation: Many disputes we are involved in are contract disputes between large corporations. Goliath vs. Goliath litigation requires special care given the stakes and resources available to both sides.

Construction & Architecture: Architecture one type or another construction disputes typically relate to defects in construction or leasing disputes or construction delays

Employment & Labor: Our labor work often involves allegations of discrimination or other large scale labor disputes. Increasingly wage and hour disputes are finding their way to trial.

Environmental & Energy: Environmental work often involves discussing human health risk from a particular chemical or the migration of a particular leak.
in-house counsel litigation toolkit e-book free download

International:
 Our international work often involves arbitration work at ICSID at the World Bank, at the ICC in New York or at some other venue around the world.
Life Science-Related: Science-focused topics dominate many forms of litigation. This includes disputes around pharaceuticals, medical devices, biotech and many products. Our challenge as a litigation consulting firm is frequently to make the material understandable for judge and jury.
Medical Malpractice: Our medical malpractice work sometimes involves showing how a surgery occurred and sometimes involves handling allegations of errors.
Patent, Trademarks & Copyright: Our are patent work is wide ranging and frequent, covering all lines of marketplace. About half of the cases we consult on are complex patent cases.
Product Liability: We have spent the last several decades consulting on everything from tobacco litigation to cell phone litigation to fracking litigation.These cases always involve detailed interaction with consulting experts and testifying experts.
Transportation (Aviation, Space, Automobiles, Trains and Ships): Although trials are rare since most cases tend to settle that involve a crash of planes trains or automobiles. More often transportation cases involve product liability or some other cause of action.
White-Collar & Criminal: Our work in criminal cases used to be restricted to basic white collar criminal work. Increasingly though, we are being called upon to consult on everything from campus sexual assault cases to murder cases.


Other articles and resources on A2L Consulting's site that relate to our experience by type of case and by type of experience:

mock jury webinar a2l kuslansky

Tags: Patent Litigation, Science, Environmental Litigation, Banking Litigation, Construction Litigation, White Collar, Labor and Employment, Product Liability, Antitrust Litigation

A Tale of Two Patent Trial Presentation Styles [CVN Video]

Posted by Ryan Flax on Wed, Nov 5, 2014 @ 03:37 PM

 

patent-trial-presentation-style-cvnby Ryan H. Flax, Esq.
(Former) Managing Director, Litigation Consulting
A2L Consulting

A2L has a wonderful partnership with Courtroom View Network (cvn.com), which is a warehouse of video footage of courtroom presentations of all kinds and should be a valued resource for attorneys and law school students wishing to educate themselves on the “to-dos” and “not-to-dos” of litigation argument. I have been browsing the intellectual property video footage at cvn.com and wanted to provide you two examples of different presentation styles in patent litigations: one using no graphics and one using graphics.  I compare and contrast these presentations below.

First, here is a 5 minute video of attorney Joseph Zito introducing a patent at suit and discussing its technology, a bone screw. Watch it and then see my commentary after the jump.

patent-trial-presentation-style-courtroom

What did we just see?  This was a Markman hearing – the hearing before the court where counsel argues for a certain interpretation of the patent’s claims as a matter of law. The judge is the audience – there’s no jury at this point.

You see that Mr. Zito has elected not to use any litigation graphics to help him explain the technology or to argue his case. Instead, he’s chosen to use an ELMO overhead camera machine to show paper documents, including the patent and his claim charts. He explains the technology by flipping the patent’s pages to its drawings.  He explains the claims at issue by pointing to his claim charts that quote the patent’s claims. He’s also decided to showcase his fingers and pen.

Did you find what Mr. Zito had to say interesting? Did you particularly follow any of what he said? Did you find it easy to watch all 5 minutes of the argument?

I did not find Mr. Zito’s argument interesting, and I must admit that I found myself daydreaming just a little during the brief 5 minutes of video. The technology here is not super-complicated. It’s basically a screw with a threaded head and how it interacts with a bone plate. This is not too hard to understand, but I don’t feel I really get much of what Mr. Zito wants to argue and he sure hasn’t made bone screw technology interesting (it could have been to me as I’m quite partial to medical device technology).

Now let’s watch another courtroom video. Here is another 5 minutes of another attorney, John Adkisson, who, similar to Mr. Zito, introduces a patent in suit and its technology (completely different case).  Watch it and see my commentary after the jump.

patent-litigation-trial-presentation-style-courtroom

What did we see here?  Attorney Adkisson made, what I believe, a more interesting presentation – and, all things being equal, a better trial presentation.

First, we see Mr. Adkisson adhere to our first rule of persuasion: frame your case as a story. He introduces his client and the inventor and sets the scene for the judge. He asks and answers the all-important question of “why are we really here?” – we're here because of (Professor) Dr. Paul Blum’s invention in hyperthermophillic organisms (whatever that is).

Moreover, Mr. Adkisson uses litigation graphics to make his case. He hasn’t yet gotten to the real meat of his arguments yet, but we know what patent is at issue here, what the invention is about, which claims are being asserted, and how they might be infringed. Furthermore, Mr. Adkisson uses an immersive presentation style where he always shows the judge a graphic while he makes his argument – this is the only way to significantly improve your persuasiveness using visual support.

I’m not saying that Mr. Adkisson’s trial presentation/argument style was perfect – far from it.  He made some elementary mistakes that could wind up killing his presentation, e.g., using bullet points, not animating his graphics, simultaneously saying what’s written on his PowerPoint slide.  However, he did a far better job using litigation graphics than Mr. Zito did without litigation graphics.

What do you think?  Which style of trial presentation did you find more interesting? Which held your attention longer? Which presentation’s information did you feel you understood better and
which did you retain longer? I’d say the second one, but I’d love to hear from you.

Other A2L Consulting articles and resources related to storytelling, patent litigation, Markman hearings, trial presentation and litigation graphics:

A2L Consulting's Storytelling for Litigators 3rd Ed E-book

Tags: Markman Hearings, Trial Graphics, Litigation Graphics, Trial Presentation, Courtroom Presentations, Patent Litigation, Storytelling

7 Litigator-Friendly Conferences Worth Attending

Posted by Ken Lopez on Fri, Oct 3, 2014 @ 10:00 AM

 

litigation conferences cle speaker favorite topElise Jefferson, M.A.
A2L Consulting

Some of the most valuable learning opportunities are provided through educational forums such as conferences or webinars. These forums allow for litigators to learn skills directly from individuals with expertise on everything from presentation styles to issues with expert witnesses. Many of the articles on the A2L Website offer advice and examples on how to improve your overall skills as an attorney. Several articles also address how to approach cases involving topics from product liability to patent litigation. While reading these articles is helpful, it is equally helpful to learn about these topics in-person or via streaming video. Indeed, A2L's consultants are frequent speakers at conferences and at on-site firm CLEs.

The conferences and webinars listed below address various topics that are meant to assist all attorneys, regardless of what types of cases are typically handled by your law firm. Attending these conferences or webinars will allow attorneys to expand their knowledge base in their respective areas of litigation, as well as improve upon their overall skills as trial attorneys.


1. The Presentation Summit:
Oct. 12-15, 2014

Description: Creating successful presentations is about more than just software. It is about crafting sharp messages, creating intelligent presentation design, employing efficient techniques with PowerPoint and other apps, and realizing natural and genuine delivery. Our annual conference for the presentation community delivers all of this at levels you won’t find anywhere else on the planet.

At A2L, we often write about PowerPoint and delivering great courtoom presentations. It is a topic we are both expert in and passionate about.
 

2.  Cheap Talk: Witness Payments and Conferring with Testifying Witnesses: October 22, 2014

Webinar

1:00 PM - 2:00 PM ET

Description:

Witness compensation evokes a slew of ethical traps for litigators. Avoid these traps by broadening your understanding of the ethical rules regarding witness compensation and conferring with testifying witnesses. This webinar will cover:

    • When "compensation" crosses over to "inducement to a witness"
    • How lawyers can avoid sanctions under Model Rule 3.4
    • Just how much the lawyer can consult with their witness during deposition or trial testimony breaks under Model Rule 1.1

This webinar will be extremely helpful to both civil and criminal attorneys who oftentimes need to pay expert witnesses for their services. It can be sold as a refresher on ethical guidelines and how to ensure that attorneys are compensating witnesses appropriately. Be sure to read our articles on experts such as 7 Things Expert Witnesses Should Never Say and The Top 14 Testimony Tips for Litigators and Expert Witnesses.


3. 
Using Social Media in the Jury Selection Process: October 15, 2014

Webinar

1:00 PM - 2:30 PM ET

Because social media is so pervasive, lawyers need to understand how to ethically incorporate social media review into their litigation practice. Join our panel of experts as they:

    • Analyze ABA Formal Ethics Opinion 466
    • Review best practices
    • Discuss the successful use of social media in securing impartial and fair juries

 Description: Because social media is so pervasive, lawyers need to understand how to ethically incorporate social media review into their litigation practice. This 90-minute webinar will provide background and in-depth analysis of ABA Formal Ethics Opinion 466 on reviewing juror social media and will note state opinions on the same subject. Best practices will be highlighted, including how to educate the judge about social media and work with opposing counsel to develop social media protocols. Finally, learn from fellow lawyers who have successfully used social media to help their clients secure an impartial and fair jury.

This webinar directly relates to several articles on the A2L website regarding the use of social media in jury selection and research. It covers the ethical guidelines and how social media relates to these guidelines, and also suggests helpful ways in which social media can be used.

  

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4.  30th Annual Intellectual Property Law Conference: March 25-27, 2015

Bethesda North Marriott Hotel & Conference Center

5701 Marinelli Rd North Bethesda, MD 20852-2785

Description: In a world where value is key, every IP practitioner needs avenues for their own innovation. Come and experience the 30th Annual Intellectual Property Law Conference in Bethesda, MD, offering three days of premiere CLE programming and networking events.

Gain knowledge and insight from IP experts and practitioners from around the world who will discuss the most critical issues in IP law.  

    • Stay Current on Issues Critical to Your Practice
    • Refine Your Knowledge & Skills
    • Expand Your Network
    • Fulfill Your MCLE Requirements

The 30th Annual Intellectual Property Law Conference provides cost effective value—offering over 40 dynamic CLE programs and an incomparable opportunity for networking.

For A2L clients who are involved or interested in intellectual property law, this conference in Bethesda will delve deeper into issues that will affect litigators in the near future, as well as offer advice on how to approach litigation in this particular area. As with all conferences, it will also allow for networking opportunities.

 

5.  32nd National CLE Conference: January 7-11, 2015

Vail, Colorado

Description: 8 Programs/Tracks Available

    • Bankruptcy
    • Civil Litigation
      • Effective Expert Attacks – Methods and Techniques for Investigation and Cross-Examination
      • Mass Tort Perspectives: Plaintiff v. Defendant – Panel
      • Ethics and E-Discovery: Recent Developments and New Challenges for Litigators
      • And others…
      • Employee Benefits
      • Environmental Law, Land Use, Energy, and Litigation
      • Family
      • Health
      • Intellectual Property
      • Labor & Employment

Perhaps the most valuable of the conferences, this CLE program allows litigators to choose from several different tracks, according to the type of litigation typically covered by their firm. Each track includes 2 day’s worth of presentations from esteemed judges and attorneys. Highlighted is the Civil Litigation track (as most of our clients try civil cases), where 3 of the presentations offered are listed. The conference is also family-friendly and offers activities for children and spouses.
 

6.  Masters Conference for Legal Professionals: eDiscovery Hot Topics: Predictive Analytics, Social Media, Mobile Devices, & FRCP Changes: Oct. 21, 2014

The Masters Conference for Legal Professionals is held in regional locations throughout the U.S. Each event will last from 11:30 a.m. to 5:15 p.m. and is followed by a happy hour until 7:00 p.m. Each event offers two educational tracks that will allow attendees to learn from corporate and law firm thought leaders.

Locations include:

    • Washington, D.C.: Oct. 21, 2014
    • San Francisco: March 24, 2015
    • Chicago: May 19, 2015
    • Philadelphia: July 21, 2015

Description: Whether you are dealing with e-Discovery in a new, socially networked world, find your company expanding globally and thus facing international discovery issues, or planning for the future of e-Discovery in your firm or company, you know there’s a divide between what is in practice today and where your firm needs to be in the near future. Legal professionals must develop strategies for spanning this e-Discovery divide before it expands further across traditional borders, whether physical or technical.

Litigation support professionals and attorneys have a new forum to gather the latest information on e-Discovery, data protection, records management and more: The Masters Conference for Legal Professionals. 

This conference covers various issues and aspects of eDiscovery. It will allow litigators to learn more about this particular type of discovery and how it may affect future litigation conducted by their firms.

 

7.  DRI 2014 Annual Meeting: October 22nd – October 26, 2014

San Francisco, CA

Description: Join us for DRI’s 2014 Annual Meeting—“DRI for Life”—October 22 - 26, at the San Francisco Marriott Marquis. Cosmopolitan flair, spectacular scenery, and cultural diversity make San Francisco one of the top destinations in the world. Perennial favorites include Fisherman’s Wharf, Chinatown, the cable cars, Golden Gate Bridge, and the nearby wine country. The city is acclaimed as home of the world’s best restaurants and its shopping hub, Union Square, anchors a who’s who of world-famous stores just steps from the Marriott Marquis. Don’t miss this opportunity to experience a city full of life, attend stellar educational programs, and visit with friends and colleagues, new and old.

This conference offers CLEs over the course of 4 days, and covers a variety of topics, including: product liability, drugs and medical devices, health care law, and torts and environmental law, among many others. The conference is meant to provide comprehensive insight into various topics faced by litigators in multiple aspects of defense litigation. We have always felt DRI publishes the best materials on LinkedIn and their conferences share similar value.
 

Other articles related to CLEs, speaking events and making presentations generally on A2L Consulting's site:

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Tags: Patent Litigation, Social Media, PowerPoint, CLE

Top 15 Litigation E-Books & Webinars from the Past 12 Months

Posted by Ken Lopez on Tue, May 27, 2014 @ 12:30 PM



top 15 litigation ebooks webinars a2l consultingby Ken Lopez
Founder/CEO
A2L Consulting

Since 2011, hundreds of thousands of people have visited A2L's website and industry-leading litigation blog, The Litigation Consulting Report. They come to research A2L's litigation support services, they come to learn how to improve their results as litigators and litigation support professionals, and many come to download a free litigation e-book or watch a free litigation webinar.

Over the past year alone, tens of thousands have either downloaded a book or watched a webinar. Why?

One reason is that there is simply no other place for litigators and litigation support professionals to find the information that we publish. Whether it is a narrow topic like preparing for an argument before the Federal Circuit or whether it is a broad topic like discovering the value of litigation consulting, this information is just not collected elsewhere.

I loved my trial advocacy courses in law school, but in the 1990s at least, they did little to help me prepare to present in the modern courtroom. There was no teaching about how best to use visual evidence. There was very little discussion about the use of trial technology. There was certainly no training for how to set up and structure a mock jury exercise that would yield actionable data. 

All this information and more is what we offer here on this site for free. We publish it on our blog several times a week, but with hundreds of litigation-related topics, finding the information you need can take a bit of searching. That's why we combine blog articles into books with a common theme and offer them as a free download.

Some are practice-area specific themes like those for patent, environmental and antitrust law. Some are focused on different elements of litigation like preparing timelines, getting the most out of a mock trial or using PowerPoint litigation graphics to improve trial results.

Measured by the number of downloads, below are the top 15 litigation webinars and e-books from the past 12 months.

value of litigation consulting ebook a2l15. The Value of Using Litigation Consultants: Our litigation consultants have compiled 62 expert articles on topics related to litigation consulting and litigation generally. Learn about the latest trends and thinking in jury consulting, trial presentation and trial technology in this E-Book.


 

powerpoint trial graphics14. Using PowerPoint Litigation Graphics Webinar: Whether you are in-house counsel, outside counsel, or litigation support, this 60-minute webinar focused on persuasion using PowerPoint graphics techniques will prove valuable. Recorded version is watchable anytime.

 
 

new normal legal economy ebook13. Maximizing Value from Litigation Consultants in the New Normal Legal Economy: In our first book about changes faced by litigators, consultants and in-house counsel because of the changing legal marketplace, we also offer first-of-its-kind content authored by litigation consultants who have been serving the legal community for the past 30 years.



expert witness webinar12. How to Get the Most Impact from Expert Witnesses: In this one-hour and fifteen minute webinar, Dr. David Schwartz shares how sophisticated litigation teams use both testifying and consulting experts to stay on message. Litigator turned litigation consultant Ryan Flax shares what he's learned about explaining complicated subject matter while trying complex cases for a dozen years helping to amass more than $1 billion in jury verdicts and now helping hundreds of top litigators as a litigation consultant at A2L. Ted Dunkelberger describes how to pick the best experts and how to make sure they are ready for trial based on his experience in hundreds of litigation engagements. 


storytelling in litigation webinar11.  Using Storytelling as a Persuasion Tool at Trial Webinar: Whether you are in-house counsel, outside counsel, or litigation support, this 60-minute webinar plus 20-minute Q&A will improve your understanding and use of storytelling techniques during litigation.



 

patent litigation ebook10. The Patent Litigation Toolkit - 3rd EditionAt 200 pages, this edition of the book is more than twice as large as 2012's 2nd edition. Over the past 18 years at A2L, about 50 percent of our work has been in the patent litigation field. Simply, this type of information is not assembled anywhere else and is incredibly valuable to a patent litigator.


 

using science to win in litigation9. Using Science to Win at Trial or in the Public Eye: This unique science-focused book is co-written by the litigation-focused scientists and experts at Innovative Science Solutions and A2L's industry leading litigation consultants. It is an unprecedented guide for those who manage science issues inside and outside the courtroom.

 
 

trial technicians trial technology8. How Best to Use Trial Technicians and Trial Technology: Whether you are a veteran courtroom litigator or even a litigation support professional, you will find this 3rd edition version of this book valuable. This guidebook includes useful articles about how to best organize your trial technology resources for courtroom success.

 
 

persuasive visual presentations7. Creating Persuasive Visual Presentations: This book is a must-have for anyone who prepares persuasive PowerPoint presentations, creates charts designed to influence or prepares any visual designed to change what people think.

 

 

litigation storytelling for lawyers6. How to Use Storytelling in Litigation E-Book: In our biggest e-book yet on courtroom storytelling, our litigation consultants have compiled 75 expert articles on topics related to litigation support and litigation generally.


 

jury consulting trial consulting mock trials5. Using Trial and Jury Consultants to Win at Trial: In our most comprehensive e-book about trial consulting and courtroom persuasion, A2L's jury and graphics consultants have compiled 50 expert articles in what is a first-of-its-kind book.


 

complex civil litigation support4. Winning Techniques for Complex Civil Litigation: Whether you are a veteran trial lawyer or support trial teams, you will find this book valuable. This guidebook includes 74 articles about how to best to prepare and try a complex civil case for bench and jury trials.


 

litigation trial timelines3. How to Design and Use a Great Trial Timeline: This book is a must-have for anyone who prepares informative or persuasive timelines designed to influence and change what people think.


 

describe the image2. How to Deliver a Great Presentation: Whether you are in-house counsel, outside counsel, litigation support or even outside the legal industry entirely, you will find this book valuable. This guidebook includes articles about organizing a presentation, tips for preparing to present to a group and even how to persuade with visuals most effectively.


 

litigation graphics trial graphics consultants1. Using Litigation Graphics at Trial: In our most comprehensive e-book about litigation graphics and courtroom persuasion, A2L's jury and graphics consultants have compiled 74 expert articles in what is a first-of-its-kind book.

 

 

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Tags: Trial Graphics, Trial Consultants, Litigation Graphics, Litigation Consulting, E-Book, Webinar, Trial Technology, Jury Consultants, Patent Litigation, Persuasive Graphics

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Featured Free Download: Using Science to Prevail in Your Next Case or Controversy

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Timelines Appear In Most Trials - Learn how to get the most out of using trial timelines in this ebook

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Featured Complimentary eBook - The 100-page Antitrust Litigation Guide

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Authors

KenLopez resized 152

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-headshot-500x500.jpg 

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.


dr laurie kuslansky jury consultant a2l consulting







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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