THE TRIAL OF A PRIVATE ROYALTY LAWSUIT TO JUDGE AND JURY JURY CONSULTANTS

JurisdictionUnited States
Private Oil & Gas Royalties: The Latest Trends in Litigation
(Dec 2008)

CHAPTER 5D
THE TRIAL OF A PRIVATE ROYALTY LAWSUIT TO JUDGE AND JURY JURY CONSULTANTS

Elizabeth Foley
Zagnoli McEvoy Foley LLC
Chicago, Illinois
Shelley C. Spiecker
Persuasion Strategies
Denver, Colorado

Elizabeth Foley is a founding partner of the litigation consulting firm Zagnoli McEvoy Foley LLC. For more than 15 years, Beth has applied her empirical and experiential knowledge to assist attorneys with venue analysis, mock trials, voir dire and jury selection, witness preparation and effective composition and delivery of opening statements and closing arguments. She has conducted jury research on hundreds of cases including extensive experience with oil and gas industry litigation involving environmental, contract, employment and personal injury issues.

Shelley C. Spiecker has been advising attorneys and developing strategic trial solutions for over 15 years. With a doctorate in legal communication, Dr. Spiecker has extensive experience in the design and analysis of Mock Trial and Focus Group research. She uses her experience and knowledge of juror decision-making to advise clients on case strategy, courtroom persuasion, and jury selection. Dr. Spiecker also assists with witness preparation for deposition and trial, and conducts advocacy training courses. Over the last six years, she has concentrated her work in commercial litigation and has specialized in the oil and gas field and energy litigation, working collaboratively with more than 20 energy companies. Dr. Spiecker has received national recognition for her significant work in energy litigation and is frequently asked to lecture on emerging research findings to industry leaders, most recently, presenting to the American Petroleum Institute and the Institute for Energy Law on patterns in jury and judicial decision-making.

Breaking Down the Bias: Everything I needed to know Hearned in Hollywood

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Everything I needed to know I learned in Hollywood

(1) Perceptions of the oil industry in popular media

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[Page 5D-2]

There Will Be Blood

?? THOMAS ANDERSON

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Free Willy

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[Page 5D-3]

West Wing

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Media Trend

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Negative Opinions of Oil and Gas Industry

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[Page 5D-4]

Everything I needed to know I learned in Hollywood

(1) Perceptions of the oil industry in popular media

(2) Corporate executives

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Perceptions of Corporate Executives

Source: Persuasion Strategies National Survey conducted 2003-2006; n=2,000.

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Company executives will lie to increase profits.

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Perceptions of Corporate Executives

"I think they [both companies executives] were all in bed together. I think that they were golfing and hanging out with each other and there were friends on both sides and they rushed to judgment and said we'll go with it...and you can ride on my yacht next weekend... That's real world with those VP's and CEO's."

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Breaking Down the Bias: Misunderstanding the Oil Industry

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Anti-Corporate Bias

"I hate large companies. I absolutely despise them. I think they are what is wrong with this country... I feel they are sort of taking the place of government. I mean, our government is Enron, Wal-Mart, pharmaceutical companies, and big executives. ...They have taken the American dream, smashed it, drawn a picture of another one, and they are mass selling it to everybody. ...There is no room anymore."

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[Page 5D-6]

What are some of your general opinions about some different companies

Source: Persuasion Strategies National Survey, conducted 2003, 2004, 2006 & 2007; n=2,000.

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Compared to other businesses how has the oil and gas industry treated the state of...

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Gasoline Prices Are Controlled

"Look at the price of gas that we got right now to drive, it's ridiculous. There ain't no reason for this, other than it being an election year..."

"... line the pockets of these politicians that are in the office right now, so that they can make the almighty buck."

"... they're the one's coming out on top."

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