Part 1

  1. The Problem: nuclear verdicts and nuclear settlements
  2. Nuclear verdicts
    1. History
    2. Causes
      1. Problematic witnesses
      2. Egregious conduct
      3. Punitive jurors
      4. Judicial Hellholes
      5. Defense attorney conservatism
    3. Scientific solutions
  3. The Reptile Theory
    1. Evolution and development of Reptile

Part 2

  1. Part 1 Review
  2. The neuroscience behind defeating the Reptile
    1. Understanding
    2. Defeat
  3. Pre-litigation phase
    1. Crisis planning and communication response
    2. Corporate representative/30(b)(6) witness training
    3. Specialized training for safety directors and risk managers
  4. Discovery phase
    1. Immediate post-incident meetings and assessments (driver, safety director, other key personnel)
    2. Pre-deposition training – neurocognitive training focused on emotion, behavior, and cognition
    3. The Reverse Reptile (turning the tables on plaintiff’s counsel)
    4. Jury research
      1. Exploratory research (focus groups)
      2. Confirmatory research (mock trials)
  5. Trial tactics
    1. Motions in limine
    2. Voir dire and jury selection
    3. Opening statements
    4. Closing arguments
    5. Appellate issues

Reptile Theory judgments have resulted in billions of dollars in verdicts and settlements

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