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  • Article

    When Consumer Perception Becomes Evidence | EBook

    In trademark, trade dress, and false advertising disputes, the outcome often hinges on consumer perception. This resource explores how strategically designed consumer surveys transform buyer opinions into compelling courtroom evidence, offering practical insights for building stronger claims or challenging opposing research.
    United StatesIntellectual Property
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Explaining Jury Research Focus Groups (And When Trial Attorneys Should Use Them)

    Trial attorneys face critical decisions about how to test their cases before trial, choosing between focus groups, mock jury trials, and online jury research. Each method offers distinct advantages for gathering juror feedback, from qualitative insights about case themes to quantitative data on damages and verdicts. Understanding which approach aligns with your case stage and information needs can significantly strengthen trial preparation and settlement strategy.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    The Hidden Strategy Behind Expert Selection In Complex Litigation

    Expert witness selection in complex litigation requires more than impressive credentials. IMS Legal Strategies' Senior Director Erica Evans reveals how effective expert strategy balances specialized knowledge with the ability to translate complexity into clear, credible testimony that resonates with judges and juries.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    How To Define “Bad Faith” For Jurors (Video)

    Jury research across multiple bad faith insurance cases reveals a critical disconnect between how jurors naturally understand "bad faith" and the legal definitions they must apply. Mock juror data shows that 43% view bad faith as selfishness prioritizing the insurer over the insured, while 37% see it as actively working against the insured's interests—perspectives that may not align with jurisdiction-specific legal standards requiring only proof of failure to settle appropriately.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Gold In, Gold Out: Why Mock Trial Presentation Quality Matters

    Mock trial research delivers its greatest value when presentations mirror the quality and preparation jurors expect in real courtrooms. Strong advocacy, clear organization, and compelling delivery create an environment where jurors engage authentically with case merits rather than presentation flaws, generating insights that accurately predict trial outcomes and inform strategic decisions.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Litigation Survey Consulting: Using Early Consumer Insights To Strengthen Case Strategies

    In complex trademark and false advertising litigation, understanding consumer perception is critical to building a strong case. But how do legal teams determine which survey approach will best support their strategy when multiple legal theories are in play? Litigation survey consulting offers early-stage insights that help attorneys evaluate case theories, test assumptions, and make data-informed decisions before committing to full evidentiary research.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Energy Arbitration Requires Clarity: The Strategic Value Of Visual Advocacy

    Energy arbitration disputes involve complex technical evidence, engineering concepts, and operational decisions that require strategic visual communication to help arbitrators understand and remember key arguments. The challenge lies not in the tribunal's ability to comprehend sophisticated evidence, but in how effectively counsel organizes and presents that information through clear visual frameworks and demonstratives.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    What Is A Mock Trial? Turning Jury Research Into Strategy

    Trial preparation often hinges on understanding how jurors will perceive your case before it reaches the courtroom. Mock trials serve as strategic research tools that allow legal teams to test case themes, evaluate witness credibility, and refine arguments based on feedback from individuals who mirror the actual jury pool. This approach helps attorneys reduce uncertainty and tailor their strategies to maximize favorable outcomes.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Beyond The Bio: A Spotlight On Amanda Panagakis & Lindsay Bouchard

    Amanda Panagakis and Lindsay Bouchard, two accomplished jury consultants who joined IMS through the First Court acquisition, share their professional journeys and insights into the trial consulting industry.
    United StatesStrategy
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Start Smarter: Elevating Litigation With Early Case Strategy Sessions

    Strong courtroom advocacy begins long before opening statements, with early case strategy sessions that define priorities, test assumptions, and align trial teams around a unified message. This integrated approach combines jury research, expert testimony, trial graphics, and legal arguments into a cohesive framework that strengthens cases from discovery through verdict.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Sympathy In The Courtroom: What Defense Attorneys Should Know

    Juror decision-making in civil cases is often influenced by emotional responses, particularly sympathy for plaintiffs, which can distort deliberations and lead to verdicts driven more by emotion than evidence. This analysis examines how sympathy affects damage awards and trial outcomes, while exploring strategies for defense counsel to acknowledge harm without allowing emotion to override legal standards. The piece addresses the unique challenges corporate defendants face in managing juror perceptions while
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Measuring Likelihood Of Confusion: The Squirt Survey Format

    The Squirt survey format, named after a 1980 trademark dispute, presents consumers with marks or products from both parties to measure whether they believe products share the same source, affiliation, or sponsorship. This methodology replicates real marketplace conditions where consumers encounter allegedly similar products simultaneously or sequentially, making it particularly valuable in trademark infringement cases where marketplace proximity exists.
    United StatesIntellectual Property
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Explaining Statistical Significance To A Jury | Episode 88 (Podcast)

    When jurors' gut instincts clash with statistical data, trial teams face one of the courtroom's trickiest challenges. IMS experts explore practical strategies for bridging the gap between mathematical significance and human intuition, offering a roadmap for making complex numbers resonate with everyday jurors through clear storytelling and simple visual tools.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Thinking Visually: How Graphics Sharpen Trial Strategies

    Litigation teams often rely on verbal arguments, but strategic visual thinking can transform complex facts into compelling narratives that jurors understand and remember.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Measuring Likelihood Of Confusion: The Eveready Survey Format

    The Eveready survey format is a widely accepted methodology for measuring likelihood of confusion in trademark disputes, particularly when a well-known mark is already established in consumers' minds. This article examines the origins of this survey format, explains how it differs from alternative approaches, and demonstrates its application through real-world intellectual property cases.
    United StatesIntellectual Property
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Mental Mining: Subconscious Insights That Shape Case Strategies

    Mental Mining® is a cognitive framework developed by IMS that helps trial teams align case narratives with how jurors naturally process and organize complex information. By identifying subconscious decision-making patterns...
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    Consultant Integration: The Key To Better Case Results

    In high-stakes litigation, the integration of expert strategy, jury research, visual advocacy, and trial presentation from the outset provides legal teams with a strategic advantage. This article examines why early alignment among litigation consultants is crucial, where working in silos creates risk, and how a connector mindset transforms individual expertise into more effective case execution and stronger trial outcomes.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Podcast

    The Hidden Strategy Behind Expert Selection In Complex Litigation | Episode 93 (Podcast)

    How do expert witness recruiters identify, vet, and align the right experts for complex litigation matters? This discussion explores the strategic process behind expert selection, from early collaboration and credential evaluation to communication assessment and conflict analysis, using real case studies involving dinosaur fossil disputes and medical device patent litigation.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    AI And Trial: Ethics, Evidence, And Credibility

    Artificial intelligence is transforming how litigation teams prepare and present evidence in the courtroom, but its use raises critical questions about credibility, transparency, and juror perception. As AI tools become more sophisticated in enhancing visual evidence and streamlining trial preparation, legal professionals must navigate the fine line between legitimate enhancement and problematic alteration. Understanding when AI supports the evidence versus when it undermines trust has become essential for
    United StatesMedia, Telecoms, IT, Entertainment
    IMS Legal Strategies
    IMS Legal Strategies
  • Article

    The Clock On The Wall Is Part Of Your Trial Strategy

    Trial lawyers routinely plan witness order and closing arguments with precision, yet often overlook a critical factor influencing jury performance: the human circadian rhythm. Research on cognitive patterns throughout the day reveals that jurors' analytical abilities, attention spans, and decision-making capacity fluctuate predictably, with implications for everything from evidence presentation to deliberation timing.
    United StatesLitigation, Mediation & Arbitration
    IMS Legal Strategies
    IMS Legal Strategies

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