We have significant experience with cases on behalf of sports and recreation companies, including specific experience with intellectual property, products liability and personal injury disputes for companies including sports product manufacturers, ski companies, and outdoor recreation organizations. Our work has involved assisting with pretrial jury research, case strategy consultation, opening statement preparation, witness preparation, demonstrative exhibit preparation, jury selection assistance, trial monitoring and more. Our experience enables us to identify unique patterns of jury decision making in cases against sports and recreation companies, and to build upon tested strategies for persuading jurors at trial. For example, jurors’ personal experiences with a given recreational activity or sports product are particularly relevant to the job of determining responsibility in cases against sports- or recreation-based businesses. Whether individual plaintiffs and product manufacturers took adequate responsibility for consumer safety is a particularly critical decision making filter in cases involving personal injury. Generally, in sports intellectual property cases, jurors want a competitive (not a monopolistic) marketplace. They want to see (and often demand) a product market that is innovative and makes room for competition among companies vying for consumer loyalty. Intellectual property assertions that seem to limit competition are often met with strong juror resistance.
An Example of Our Experience in Sports Litigation
We have consulted on a variety of sports-related cases on behalf of ski resorts, sports product manufacturers, and outdoor recreation organizations. That experience includes designing and implementing multiple stages of jury research, analyzing results, and translating findings into trial strategy. In one particular sports product liability case informed by jury research, Persuasion Strategies assisted trial counsel from jury selection through closing argument, helping develop persuasive arguments, prepare witnesses and counsel for clear and effective witness testimony, and assisting counsel in delivering powerful cross-examination of opposing witnesses. Following the jury verdict, we completed individual juror interviews to learn additional lessons from the actual jury.