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LITIGATION SUPPORT SERVICES. A Division Of INTERCONTINENTAL MARKETING INVESTIGATIONS INC. San Diego, California. Applying Psychological Research to Litigation. Consumer/Industrial Psychologist, USC 1964 43 years consulting /research experience

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litigation support services

LITIGATION SUPPORT SERVICES

A Division Of

INTERCONTINENTAL MARKETING INVESTIGATIONS INC.

San Diego, California

Applying Psychological Research to Litigation

martin m buncher
Consumer/Industrial Psychologist, USC 1964

43 years consulting /research experience

Past V.P. and Board Member of American Marketing Assoc.

Founder/CEO of IMI Inc. 1977

Completed over 5,000 Focus Groups, 2,000 Surveys, 300 Secondary Studies

Marketing/Research guest Professor at SDSU and UCSD

PARTIAL INDUSTRIAL EXPERIENCE LIST

Aging/mature markets, agriculture, airlines/aerospace, alcoholic beverages, apparel, appliances, automotive, confectionery, chemicals, community redevelopment, computers/hi-tech hardware and software, construction, real estate, education, employee benefit programs, energy/utilities, financial/banking, foods, gaming, health/beauty aids, household products, health care/medical, human resources, hotels/resorts, insurance, manufacturing, newspapers/magazines, pets, politicians and private interest groups, public safety, public transportation, radio/TV, restaurants. security systems, sporting events, sports and outdoor equipment, student loans, theme parks, telecommunications, tobacco, toys/games, tourism, utilities.

Martin M. Buncher
legal research litigation support expert witness testimony
Legal Research/Litigation Support/Expert Witness Testimony

Most pertinent to litigation support services are the following:

 2006 Heller Ehrman Quinine Sulfate

  • 2004 Blumberg, Lorber, Nelson – Sexual

harassment/Wrongful termination

  • 2003 Crockett - Trade Dress
  • 2003 Crockett -Branding
  • 2003 Fraudulent Advertising - Dechert
  • 2002 Ed Cross & Associates – Insurance Fraud, toxic

mold

  • 2001 Blumenthal, Ostroff & Markham – Advertising

Fraud, Toy Industry

legal research litigation support expert witness testimony continued
Legal Research/Litigation Support/Expert Witness Testimony-Continued
  • 1995 Branscomb, DeCicco, Kopelowitz & Quinn – Lease

Fraud

  • 1994 McDowell, Drew, McDowell – S. Cal Edison Lawsuit
  • 1994 R. Rex Parris – Lucky’s Market Slip & Fall Case
  • 1993 SureSafe Industries – Trademark/Brand Name
  • Infringement
  • 1993 R. Esensten – Insurance Company Failure to

Service Claim/Breach of Contract

  • 1992 R. Esensten – Jury Trial Simulation
  • 1991 David Sperber – Jury Trial Simulation
  • 1991 R. Esensten – Jury Trial Simulation
  • 1989 David Sperber – Jury Trial Simulation/Estate

Management Fraud

legal research litigation support expert witness testimony continue
Legal Research/Litigation Support/Expert Witness Testimony-Continue
  • 2000 Rose, Klein and Marias – Legal Statute Violation,

Candle Industry

  • 2000 Rosenthal, Allen & Smith - Breach of

Contract/Fraud

  • 2000 Polakovic/San Bernardino County – Murder Case

Change of Venue

  • 2000 James Lyle - GM Fuel Tank Warrantee
  • 1999 Casey, Gerry, Reed & Schenk – GM Fuel Tank

Warrantee

  • 1999 Freeman, Freeman & Smiley – Insurance Company

Wrongful Termination

  • 1997 Crockett & Fish – Camera Dolly Trade Dress

Infringement

  • 1995 R. Rex Parris – Motorcycle Injury
larry percy
Profession, Theoretician, Author

Copenhagen Business School

Stockholm School of Economics and Stockholm University Graduate School of Communication.

Honorary Phd.

Strategic planning with major advertising agencies (last position as Director of Strategic Planning for Lintas in the U.S)

Board Member and Director of the Association for Consumer Research

Editorial boards of a number of academic journals, including the Journal of Marketing Research, Journal of Advertising ,The Journal of Current Issues and Research in Advertising, and Psychology and Marketing

35 years experience spans the entire range of advertising and marketing problems

Larry Percy
partial list of publications
Partial List Of Publications

Books

  • Percy, Larry, J.R. Rossiter and R. Elliott (2001) Strategic Advertising Management, Oxford, England: Oxford University Press.
  • Percy, Larry (1997) Strategies for Implementing Integrated Marketing Communications, Chicago: NTC Publishing Group.
  • Percy, Larry, Ed. (1997) Marketing Research That Pays Off Binghamton, New York: Haworth Press.
  • Rossiter. J.R. and L. Percy (1997) Advertising Communication and Promotion Management New York: McGraw-Hill.
  • Rossiter, J.R. and L. Percy (1987) Advertising and Promotion Management New York: McGraw-Hill.
  • Percy, Larry and A. Woodside, Eds. (1983) Advertising and Consumer Psychology Lexington, Mass: Lexington Books.
  • Percy, Larry and J.R. Rossiter (1980) Advertising Strategy: A Communication Theory Approach New York: Praeger.
larry percy1
Larry Percy

Publications

  • Percy, Larry and J.R. Rossiter (in press) “Measuring Advertising Effectiveness” in M.J. Houston (ed) Handbook of Marketing Research New York: McGraw-Hill.
  • Rossiter, J.R. and L. Percy (2001) “The a-b-e Model of Benefit Focus in Advertising” in T.J. Reynolds and J.C. Olson (eds) Understanding Consumer Decision Making, Mahwah, N.J.: Lawrence Erlbaum Associates, pp 183-214.
  • Percy, Larry (2001) “Marketing Communication in Evolution” in Admap, February, pp 30-32.
  • Percy, Larry (2000) “Commentary: Neuro Images of Advertising” Business Strategy Review, Autumn, pp 29-30.
  • Percy, Larry and J.R. Rossiter (2000) “Building and Managing brands with Traditional Marketing Communication” in Franz-Rudolf Esch (ed.) Moderne Markenführum, Germany: Gables, pp 493-508.
litigation support tools
Jury Trial Simulation

Voire Dire/Juror Selection

Witness Preparation

Trial Monitoring

Expert Witness Testimony

Testing Arguments & Exploring Case Issues Among Jurors & Other Target Groups By:

-Qualitative Research

-Quantitative Research

Litigation Support Tools
jury trial simulati0n
JURY TRIAL SIMULATI0N

Ad hoc design to fit the case and counsel needs

Basics:

- jury panel from potential juror pool

versus retired judge

- client lawyers representing plaintiff/defense (role playing as

needed)

- witnesses needing rehearsal

- suitable research venue w/ recruitment/facilities/audio-video

- consultant/researcher for monitoring and investigating

juror perceptions and attitudes, developing implications

during the simulation

jury trial simulation
JURY TRIAL SIMULATION
  • Length designed in proportion to needs, minimum 4

hours, maximum = days?

  • Cost = $8,000 and up
  • Timing = week to prepare,immediate results and

recommendations

  • Location = research facility where the jury pool lives
  • Output = verbal or written report, transcripts

QUESTIONS?

survey research
Survey Research
  • Purposes:
    • To test hypotheses about case issues among designated target groups
    • To prove or disprove claims made by Plaintiffs and Defendants in Case filings

Ultimately generating statistically significant or otherwise reliable information (trend data) covering key issues of people’s perceptions, attitudes and behavior involved in the claims.

survey research continued
Survey Research - Continued
  • Methods

- Face to face (offices, central

research locations, trade shows,

spectator events, etc.)

- Phone (CATI) Centers

- Internet

survey research continued1
Survey Research - Continued
  • Procedure (Planning)

1) Determination of specific purpose of the

research,I.e., “to prove”, “demonstrate”,

“establish”, etc.

2) Delineation of target group(s) to be

interviewed

3) Establishment of best method of data collection

4) Selection of appropriate sample size

5)Questionnaire Design

survey research continued2
Survey Research - Continued
  • Procedure (Execution)

6) Interviewing

7) Data Processing

8) Analysis and “report”

9) Declaration

10) Expert Testimony

survey research continued3
Survey Research - Continued
  • Participants in Survey Execution

1) Research experts

2) Specialized Field Operations (CATI, Web,

Central locations, etc.)

3) Sample Source

4) Data Processing Operations

survey research continued4
Survey Research - Continued
  • Timing and Costs

Both are wide open dependent on

resources and case needs

Research Costs are generally quoted at a

fixed price with a +/- 10% contingency

QUESTIONS?

qualitative research
Qualitative Research
  • Purpose

To generate and/or refine HYPOTHESES

about the way designated target groups

“ perceive”,

“ form attitudes about”, and

“ behave

towards” RELEVANT STIMULI such as:

people current/past events

social issues weather, religion, philosophies

specific case issues -- everything else

qualitative research continued
Qualitative Research-Continued
  • Methods
    • 1) Focus Groups
    • 2) Individual Interviews

1 = peer pressure, social interaction, moderator

influence

2 = individually processed information

qualitative research continued1
Qualitative Research-Continued
  • Procedure

1) Determination of specific purpose of the

research,I.e., “to prove”, “demonstrate”,

“establish”, etc.

2) Delineation of target group(s) to be

interviewed

3) Development of Moderator/Interviewer guide

4) Schedule and complete interviewing by Psychologist

appropriately briefed on case-relevant science

5) Analysis and “report”

qualitative research continued2
Qualitative Research-Continued
  • Timing and Costs

Again, wide open:

Depends on number of interviews or group sessions, difficultly of accessing the respondent targets, and the length of the interview instrument/amount of information collected

proper use of qualitative quantitative research
Proper use of Qualitative & Quantitative Research
  • Qualitative:

- to generate insights

- discover the full range of

possibilities

- formulate hypotheses and

discuss possible implications

  • Quantitative

- to show trends,

- to test hypotheses

- to support statement of facts and implications

voire dire juror selection
Voire Dire/Juror Selection
  • Purpose:

To provide an aid in the selection of potential jurists most likely to be positively predisposed towards the client side of the case

voire dire juror selection continued
Voire Dire/Juror Selection-Continued
  • Method = Survey Research

1) Development of a set of questions based on case issues designed to reveal relevant juror predispositions, by isolating specific perceptual, attitudinal and behavior tendencies among a sample of those potential jurors

2) Recruitment of a random sample of potential jurors from the actual case venue

3) Administration of the interview (usually possible by CATI system, unless visuals are required)

4) Tabulation, analysis and “report” of findings

5) Psychologist assistance to counsel in final juror selection

voire dire juror selection continued1
Voire Dire/Juror Selection-Continued
  • Timing and Cost

- normally in a week or two

- typical survey costs:

N = 100 $5,000-$7,000

N = 200 $6,000-$11,000

N = 300 $7,000- $15,000

Costs depend on sample size, number and type of questions (open v. closed –end) asked

QUESTIONS?

witness preparation

Witness Preparation

Best done in trial simulation circumstances to provide the witness with the look and feel of a potentially hostile environment where pressure will challenge his/her performance

trial monitoring

Trial Monitoring

Can be only the consultant observing and analyzing, or in some cases, rules permitting, trial observation (live or taped) by a mock jury with debriefings by the consultant similar to jury trial simulation

expert witness testimony
Expert Witness Testimony

Over the years, Martin Buncher and Larry Percy have gained knowledge and experience in almost every market and industry where research has been completed.

A partial list of clients served over the years follows:

slide31

Advertising Agencies/Public Relations/Communications

HBM Creamer Hakuhodo Advertising*

H. Silver Jordan, McGrath, Case & Taylor

Lintas: USA* Campbell-Ewald*

Carter Advertising Johns, Cohen, Pasqualina

Phillips-Ramsey Ogilvy & Mather

Capener, Matthews & Walcher Lord, Dentsu & Partners

Cantor Advertising Parsons & Kearn

Franklin & Associates Spear-Hall Communications

Nuffer-Smith, Tucker, Inc. Baxter, Gurian & Mazzei

BBDO Detroit DFS Dorland

Huckaby & Rodriquez McGregor Marketing

Della Famina Nelson Communications

Stu Mollrich & Associates Irwin Ink

TNT Advertising Inter/Media

Stoorza Company James Dodds & Co.

Arthur I. Rothafel & Associates Sports Marketing*

Robert McKim Advertising Maxim Marketing Corporation

The St. George Group Foute Cone & Belding Worldwide

Dr. Salcher Team MBH* Frank Small & Associates*

Kay Communications Kandu Communications

Asher/Gould Advertising Marc Advertising

Earl Palmer Brown Gallop France*

Di Zinno Thompson Harmonics

Institute of Canadian Advertising

slide32

Automotive

Chevrolet Advanta

Bridgestone 1-800-CarSearch

General Motors* Kawasaki

Oldsmobile Chevron USA

Toyota* Winston Tire

Pontiac Avis Car Rental

AC Delco Mercedes Benz*

Delco Electronics AC Rochester International*

LDF Loffler* SAAB*

Audi Lexus

Exxon

Anheuser-Busch Refuelin'

Beer Drinkers of America Hansens

Beer Industry Shasta Beverages

Schlitz Brewing Co. Chambourcy

Heublein OMS Holland

Coca Cola Schlitz

Interbrew

Beverage

slide33

Computer/Hi-Tech/Electronics

Toro Company Hudson Soft

Kyocera Hayes

Practical Peripherals Park Place Productions

Linear Corp. Consumer Computers Corp.

MicroAge Data Base Solutions

Data Facts Teac

Hitachi Meldac of America*

Nintendo Unisys

Remington Rand Phonics Game

SOFRES-FS&A QuickStart Internet Technology

Teckla – Finland* Newpoint

HIJK Computer Gift Cards Fiberlink

Sage Software Teack

Sanyo Sony 

Hitachi  IBM

Symantec Telecom Italia

slide34

Financial Services

Mellon Bank Peat Marwick Main

Central Savings Great American Federal

Home Federal KMG Main Kurdman

Santel Credit Union La Mesa Bank

American Savings Bank Wells Fargo Bank

Butterfield San Diego Federal

Bank of America Security Pacific

PeopleFirst.com Scripps Bank

Bank of Hawaii United States Treasury Department

LoanToLearn Harmonic International

Cigna

slide35
Food

Beech-Nut Tollhouse

Lean Cuisine Maxim Marketing/Pocket Pretzel

FreshNes Carnation International*

Stouffers Korean Tobacco & Gensing

Nestles Basic American Frozen Foods

Kwai Garlic Taco Bell

University Food Living Lean

Budget Gourmet FreshChef

Cuisine Fresh Tasters Choice

Bilmar Turkey Libby's

Milk Advisory Board Nori-Nu Tofu

Berringer Crosse & Blackwell

Los Hermanos Wispride

Nescafe Prices

Nestea Yo Baby Yogurt

slide36

Manufacturing

Wooltex International* Hunter Industries

Stiffel Lamps Bayer (Silicone)*

St. Thomas* Interactive Image Technologies

Rainville Tile* Barbara Thomas Enterprises

Redi-Tag Nippon Steel*

Pacific Southwest Airmotive Stanley Smith Security*

Loomis Armored Transport* Main Nickless Ltd.*

Atlas/Copco* Kyocera

SureSafe Industries BTE

Agfa Wagner Die Cut

Air Liquide

slide37

Restaurant/Fast Food/Supermarket

Southland Corp./7-11 Albertson's Supermarkets

Kodash Foodmaker/Jack-in-the-Box

Ralph's Supermarkets Hungry Hunter

Carlos Murphy's Tustin French Quarter

Arby's Stuart Anderson's

The Italian Oven Restaurants Taco Bell*

Season's Cafe Sidney's Australian Grille

Social/Political

Torrance & Associates The Irvine Company

Chapman College Roxani Gillespie

University of Southern California City of Irvine

City of Inglewood City of Los Angeles

The Greater Irvine Industrial League United Way

United States Information Agency (USIA) San Diego Jewish Academy

Australian Bureau of Industry Economics* NASA

Gemological Institute of America D.C. Public Transportation

slide38

Travel/Airlines/Tourism

Tourism Council of the South Pacific* Asiana Airlines

Tourism Australia* Streamline Travel

Pacific Southwestern Airlines / USAir ATC

Eastern Airlines TravelLand

All Nippon Airlines* Lufthansa

Mexican Tourism* Continental Airlines

Retail/Chain/Franchise

FedMart True Value Hardware

Sears Serta Mattress Company

Supercuts Motorsport*

The Center Company Sanyo

Tyler Mall PetCo

May Stores PaperPak

Borgata Mall Cigar America

summary
SUMMARY
  • Research is a tool to be used for enhanced understanding of the case issues and how to deal with them
  • It is controllable in terms of timing,

cost, and application

Intercontinental Marketing Investigations Inc.

Litigation Support Division

PO Box 2147 Rancho Santa Fe, CA 92067

Buncher@imiesearch.com 858-756-1765