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(formerly the Persuasive Litigator blog)

Public Perception

Know When to Take the Offensive in Defense of Your Product: Lessons from Taco Bell

Products Liability Litigation, Public Perception / /

By: Dr. Ken Broda Bahm – Imagine this:  you’re sued for making false claims about your product.  What do you do?  Issue a terse public statement and hunker down for discovery?  Not Taco Bell.  When an Alabama law firm filed a class action accusing the company of using meat filling with only 36% beef, the company responded […]

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Aim Your Product Warnings at “FYI” and Not Just “CYA”

Products Liability Litigation, Public Perception / /

By: Dr. Ken Broda Bahm – A warning that calls attention to a product’s potential danger is obviously an important part of a company’s litigation prevention and defense.  But according to one recent statistic, a substantial portion of the public, and potential jury pool, may be a bit cynical on the question of whether warnings are designed to educate or

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Settle Your Case Without Setting the Dominoes in Motion: Research on the Demonstration Effect

Adapting to Arbitrators, Mediation, Public Perception, Strategy / /

By: Dr. Ken Broda Bahm – The role of a positive example in creating a “demonstration effect” has long been noted in the fields of political science and international relations, with one of the classic examples being the American Revolution that was closely followed by the French revolution.  We’re seeing it now on a near daily

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Conduct a Social Media Analysis on Your Potential Jurors (But Beware of False Expectations of Privacy)

Public Perception, Social Media, Voir Dire / /

By: Dr. Ken Broda Bahm – Attorneys engaged in the process of jury selection have always been eager to uncover as much information as the judge allows through questionnaires and oral examination in court.  For that reason, it isn’t surprising to most potential jurors that the lawyers are trying to get a sense of any strongly

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