ThemeVision LLC - Trial Consultants

  Energy & Utilities

   Representative Experience

ThemeVision’s trial consultants have worked with utilities and energy providers and their counsel in cases involving intellectual property, commercial disputes, employment disputes, and allegations of illegal restraints on trade. Over time, we have come to understand many of the challenges faced by utilities and energy providers in their businesses as well as in their litigation.

ThemeVision’s trial consultants and jury consultants strive to understand our clients’ businesses and services so that we can provide sophisticated, but practical, litigation consulting solutions.

Clean Water Act Jury Trial- Indiana
Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included mock trial work, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found all three defendants not guilty on all counts. The verdict represents a complete vindication for the company and the accused individuals. The verdict also avoided multi-million dollar fines and penalties to the company, as well as possible imprisonment for the employees, and it prevented a potentially business-ending debarment from future water treatment business within the United States.
Wind Farm Litigation- Michigan
Assisted the defense with development of trial themes and strategies in litigation brought against a wind farm by local residents who alleged the wind farm caused them to suffer adverse health effects and emotional distress, harmed their quality of life, and lowered their property values. The plaintiffs alleged intrusions upon their property rights, including low frequency and impulse noise created by wind turbines, and a flicker or strobe light effect when the sun passes through rotating turbine blades. The case settled shortly before trial.
Criminal Commodities Fraud Case- Texas
Conducted a multi-day ThemeTesting study in Houston on behalf of the defense. The United States had alleged that several professional commodities traders had entered into an illegal conspiracy to manipulate and corner a particular energy commodities market.  A three-day ThemeTesting® focus group study was conducted, which assisted the trial team with case assessment and the development of case presentation strategies. Based on dispositive motion practice, the case was dismissed after the study and shortly before the scheduled federal jury trial.
Energy-Related Antitrust Litigation- Ohio
Conducted a mock trial with multiple mock juries on behalf of the plaintiff in a case involving state and federal antitrust claims asserted against a Cleveland energy provider. The mock trial provided the trial team with key information regarding jurors' perceptions of the interplay between antitrust laws, complex contractual provisions giving rise to the claims in the case, and jurors' common-sense notions of competition and fair play. The project assisted the trial team with assessing the merits of the case, with case valuation, and with positioning the case for settlement.
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.
  > Industries    
Appliances & Electronics 15 Appliances & Electronics
Chemicals 16 Chemicals
> Energy & Utilities 17 Energy & Utilities
Insurance 18 Insurance
Life Sciences 19 Life Sciences
Manufacturing 32 Manufacturing
Pest Control 20 Pest Control
Software and Technology 21 Software and Technology
Energy & Utilities  
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