ThemeVision LLC - Trial Consultants

  Labor & Employment

   Representative Experience
ThemeVision’s trial consultants routinely consult on litigated cases involving a variety of workplace-based disputes, often involving claims of discrimination and/or wrongful termination. ThemeVision’s labor and employment clients are exclusively employers and their outside counsel.

In the context of workplace-based disputes, the past experiences and pre-existing attitudes of judges and juries shape their perceptions of the facts and evidence. Using a variety of social science methodologies (including focus groups, mock trials, jury simulation studies, telephone surveys, internet surveys, and other methods), ThemeVision’s trial consultants work with employers and their outside counsel to understand the lenses through which triers-of-fact perceive particular cases. ThemeVision’s trial consultants then assist the trial team with developing effective defense themes, demonstrative exhibits, and jury selection strategies.
Jury Trial: Commercial Dispute Regarding Restrictive Covenants- Illinois
Assisted with theme development, opening statement strategies, voir dire, and jury selection strategies on behalf of the plaintiff in a case tried in state court in McLean County, Illinois.  The case involved a commercial dispute among former partners in a medical practice following the departure of one partner who subsequently established a competing practice.  The legal claims included breach of restrictive covenants and breach of fiduciary duties.  Result: Following a multi-week trial, the jury returned a verdict for our client, the plaintiff, on all counts and also awarded the full damages that were sought.   
Commercial Dispute Regarding Employment Contracts- Pennsylvania
Conducted a mock trial study and assisted with the development of case themes and jury selection strategies for the defense in a case involving alleged breaches of restrictive covenants in connection with the sale of a family-owned business in the death care industry. Result: A favorable settlement for our client was reached before trial.
Jury Trial: Defamation Claim- Indiana
Prepared voir dire, selected the jury, and prepared demonstrative exhibits for the defense in a jury trial in Hendricks County, Indiana. The plaintiff had sued her former employer and its president for defamation after the company president had fired the plaintiff for suspected theft and reported her to the police. After three days of evidence, the court granted the defense’s motion for judgment as a matter of law.
Age Discrimination Suit- Indiana
Conducted a research project for the defendant in an age discrimination case in the Northern District of Indiana. The case involved an insurance company executive who was fired as part of the company downsizing. The plaintiff was seeking back pay, front pay, and liquidated damages. A settlement favorable to our client was reached just before the scheduled jury trial.
False Claims Act and Wrongful Discharge- Indiana
Provided theme development and strategy consultation to the defense in a matter in which a former employee alleged that his termination violated the federal False Claims Act. Specifically, the former employee alleged that he was fired in retaliation for his effort to stop one or more alleged violations of the FCA. We consulted with the defense on themes and arguments likely to resonate with a jury in the Southern District of Indiana, Indianapolis Division, as well as on trial presentation strategies. Summary judgment was granted in our client’s favor shortly before the scheduled trial date.
Professional Sports Employment Dispute- New York
Conducted a mock arbitration study on behalf of a professional sports team in an employment dispute with a player. The employment dispute was governed by the terms of a collective bargaining agreement and was subject to an arbitration provision. The study involved presenting briefing, oral arguments, and evidence to a panel of mock arbitrators recruited from across the country for their expertise and experience in sports employment law. The study results helped shape the trial team’s arbitration strategies and assess risks associated with the arbitration. A confidential settlement was reached after the study and shortly before the scheduled arbitration.
Champ Car World Series Dispute - Indiana
Conducted a mock bench trial on behalf of the defendant in a dispute relating to drivers’ contracts in the Champ Car World Series. The mock trial was conducted with a panel of retired and former judges and involved the presentation of evidence and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex commercial dispute were most important to the decisions of a panel of judges. The study also provided the trial team with detailed feedback regarding judicial perceptions of key witnesses. Result: The case settled favorably for the defense prior to trial.
Jury Trial in Retaliation and Sex Discrimination Suit- Indiana
Conducted pre-trial ThemeTesting study, prepared demonstrative exhibits, assisted with jury selection, and monitored trial on behalf of a defendant manufacturer in an employment discrimination jury trial in Federal Court in Indiana.  Result: Defense verdict following 14 hours of jury deliberation. 
Wrongful Termination- Illinois
Conducted a jury simulation project in Chicago on behalf of the plaintiff in a wrongful termination action filed by a physician against the physician's former employer.
Trade Secret Litigation- Indiana
Conducted a jury simulation project on behalf of the plaintiff in a case involving the theft of trade secrets by the plaintiff's former employee.  The case, which involved energy and utilities, was tried to a jury in the Southern District of Indiana and resulted in what was then the largest jury verdict in Indiana Federal Court history.
  > Areas Of Law    
Appellate 4 Appellate
Class Action 5 Class Action
Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
Intellectual Property 10 Intellectual Property
> Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
Toxic Tort 13 Toxic Tort
White Collar Criminal Defense 14 White Collar Criminal Defense
Labor & Employment  
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