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Paul Jepsen

Vice President

Mr. Jepsen has developed trial strategies from a social science perspective for twenty-nine years. He has provided jury research and trial consulting on several thousand civil and criminal cases in both State and Federal courts with an expertise that includes overall trial strategy, opening statements, witness evaluation and preparation, demonstrative exhibits, voir dire, verdict and damages risk analysis, and juror questionnaires. Mr. Jepsen is also a published author and frequent speaker on these issues.

Mr. Jepsen has interviewed tens of thousands of jurors and prospective jurors, and has conducted numerous juror opinion and venue surveys. He has been qualified in Federal Court as an expert regarding jury selection, communication, and persuasion and have had affidavits accepted for use by the Court, in federal and state courts throughout the country.

Mr. Jepsen is skilled in simplifying complex arguments or processes into language and concepts that jurors will remember. In addition, he frequently provides risk assessment for litigants including the research-based assessment of case outcome and damage awards. Mr. Jepsen is experienced with empirical research design and analysis, and has provided voir dire and jury selection assistance on over 800 cases.

Mr. Jepsen has authored many professional articles about jury decision making in publications such as National Law Journal, DRI For the Defense, ABA TIPS, Inside Litigation, Atlantic Coast In-House, and the FICC Quarterly. Mr. Jepsen recently authored the Jury Selection Chapter for West Publishing’s “Handling Business Tort Cases,” book. He has lectured and conducted seminars on voir dire, jury selection, and jury behavior for national and state bar associations, and for other legal education programs sponsored by organizations such as the Defense Research Institute (DRI), the American Association For Justice (ATLA/AAJ), the American Law Firm Association International (ALFA International), and the National Association of Criminal Defense Lawyers (NACDL).

EDUCATION:

Bethel College
B.S., Social Science

REPRESENTATIVE ENGAGEMENTS:

Avaya v. TLI/Continuant. (Contract and Antitrust), New Jersey, 2014

Wielinski v. Colgan Air. (Personal Injury - Aviation), Venue Opinion Survey, New York, 2014

Doe 1 v. Archdiocese of St. Paul and Minneapolis et al. (Sexual Abuse), Venue Opinion Survey, Minnesota, 2014

Ultimate Pointer v. Nintendo. (Patent Infringement), Washington, 2014

Universal Electronics v. Universal Remote Control. (Patent Infringement), California, 2014

In re: TFT-LCD (Flat Panel) Antitrust Litigation. (Antitrust), California, 2013

Blythe v. Drymax. (Contract), North Carolina, 2013

SNB v. Abbott Labs. (Product Liability), Iowa, 2013

Sorrentino v. Ambercrombie & Finch. (Defamation), Florida, 2013

CMU v. Marvell. (Patent Infringement), Pennsylvania, 2013

Tomita v. Nintendo. (Patent Infringement), New York, 2013

Atkinson v. Cirrus. (Product Liability - Aviation), Florida, 2013

U.S. v. Hollnagel. (Investment Fraud), Illinois, 2012

Mobile Attic v. National Security Group. (Contract), Alabama, 2012

Ormand v. Anthem. (Contract), Alabama, 2012

Highland v. Orrick. (Professional Malpractice), Texas, 2012

McCormick v. Piper Aircraft. (Product Liability - Aviation), Minnesota, 2012

Nelson v. Konasiewicz. (Medical Malpractice), Minnesota, Venue Opinion Survey, 2011

Brakin v. Assurant Health. (Insurance Coverage), Oklahoma, 2011

MGA Entertainmant v. Evanston Insurance. (Insurance Coverage), California, 2011

AT&T Mobility v. AU Optromics. (Antitrust), California, 2010

Iskowitz v. Cessna Aircraft. (Product Liability - Aviation), Colorado, 2010

WCRA v. Wells Fargo. (Financial Fraud), Minnesota, 2010

Chinese Manufactured Drywall Products Liability Litigation. (Product Liability), New Orleans, 2010

U.S. v. Sterling. (Investment Fraud), South Carolina, 2009

Glass Forms. v. Taishan Fiberglass. (Product Liability), California, 2009

Equimed v. Steadfast Insurance. (Insurance Coverage), Pennsylvania, 2009

U.S. v. Sherriff Carona. (Corruption), California, 2008

U.S. v Lord Conrad Black. (Fraud), Illinois, 2007

U.S. v Moonda. (Murder-Federal Death Penalty), Ohio, 2007

Ohio v. Gondor and Reah. (Murder-Retrial), Ohio, 2007

U.S. v. Philip. (FCPA), Oregon, 2007

North Carolinas v. Hinkle and Cook (PETA). (Animal Cruelty), North Carolina, 2006

Illinois v. Harper. (Murder-Innocence Project Retrial), Illinois, 2006

Ohio v. Kelly. (Murder-Death Penalty), Ohio, 2005

CSR v. Cigna. (Insurance Coverage), New Jersey, 2005

Ohio v. Diar. (Murder-Death Penalty), Ohio, 2005

Krogman World Wrestling Entertainment v. Lewmar. (Product Liability), Missouri, 2004

U.S. v Mower. (Tax Evasion), Utah, 2004

Ohio v Keefer. (Murder), Ohio, 2004

U.S. v Freebery. (Corruption and Bank Fraud), Venue Opinion Survey, Delaware, 2004

U.S. v Dutton. (Criminal Antitrust), South Carolina, 2003

World Wrestling Entertainment v. Lewmar. (Product Liability), Missouri, 2004

U.S. v. Welch and Johnson (Salt Lake City Olympics). (Honest Services Fraud), Utah, 2003

U.S. v. Sinskey and Kumm. (Environmental), South Dakota, 1994

Hoeffner v. Dr. Najarian. (Medical Malpractice), Minnesota, 1993

Chambers v. Albert Belle. (Personal Injury), Ohio, 1993

Viking Explosive v.Azcon. (Personal Injury), Minnesota, 1993

Haft Family Litigation. (Contract), Washington, DC, 1993

U.S. v. Senator Durenberger. (Ethics), Washington, DC, 1993

Newman v. Stringfellow. (Toxic Tort), California, 1992

Buster v. Ford. (Product Liability), Missouri, 1991

Alaska North Shore Royalty Litigation. (Contract), Alaska, 1991

Long Beach v. Exxon. (Contract), California, 1991

Kern v. Ford. (IP), Michigan, 1990

ETSI v. Santa Fe Railway Co. (Antitrust), Texas, 1986-1990


SELECTED SPEAKING ENGAGEMENTS

“Policies, Claims, and Bad Faith: What Jurors Understand and Believe,” CLE, Chicago, IL, November 2014

“Tools for Risk Assessment for Jury Trials” CLE, Cleveland, OH, September 2014

“Jury Selection and Psychology,” DRI -Trial Tactics: Strengthening Your Trial Skills, March 2014

Shootout at the OK Corral – What Was That Jury Thinking?,” ALFA International - Transportation Practice Group Seminar, March, 2013

“The Anatomy of a Catastrophic Trucking Case Key Decisions and Strategy,” Transportation MEGA Conference, March 2013

“Jury Psychology and Decision Making, CLE, New York County Bar Association, December 2011

“Policies, Claims, and Bad Faith: What Jurors Understand and Believe, CLE, Newark, NJ, October 2011

“Juror Psychology and Voir Dire, CLE, Newark, NJ, October 2011

“How Jurors Don’t Determine Damages, Litigation Counsel of American, WI, September 2011

“Juror Opinions About Health Care Reform Law and Insurance Companies, ABA-TIPS Conference, Miami, FL, January, 2011

“Jury Research and Consulting,” Eighth Judicial District Conference, OH, October 2010

“Bad Faith and Punitive Damages,” CLE, Cleveland, OH, June 2010

“Witness Matrix,” Winston & Strawn, New York City, NY, May 2009

“What Can a Jury Consultant Do For You?” Medical Malpractice Conference, Hennepin City Bar Association, April 2009

“What Juries do in Recessionary Times,” Fullbright Forum Web Seminar, Fullbright & Jaworski, Minneapolis, MN, April 2009

“Patent Jury Inquiry,” Jones & Day, New York, NY, January 2009

“Jury Selection” How to Ask Tough Questions,” CLE, Cuyahoga County, OH, January 2009

“Presenting Complex Patent & Intellectual Property Litigation” CLE, Minneapolis, MN, November 2008

“The Science Behind the Sentiment: Mitigating Punitive Damages in an Era of Anti-Corporate Bias.” Jones Day CLE, NC, 2008

“Bad Faith Claims on Trial,” Lorman Education Services, MN, 2008

“Trial Tips & Techniques,” Fredrikson and Byron CLE, MN, 2007

“Expert Witness Performance: Effective Communication,” American Family Insurance CLE, WI, 2007

“Juror Attitudes and Trends: The Psychology of Jury Decision Making,” Insurance CLE, American Family Insurance, WI, 2007

“Juror Attitudes and Biases,” Defense Lawyers Association Seminar and Annual Meeting, ND, 2007

“How to Present Catastrophic Loss Cases, ” International Association of Defense Counsel Fidelity and Surety Trial Practice Program, NYC, 2006

“Discovery and Trial of Bad Faith Claims, Lorman Education Services, Insurance Bad Faith Claims, MN, 2006

“Selecting a Defense Jury, MN Defense Lawyers Association, Products Liability Group Meeting, MN, 2006


SELECTED PUBLICATIONS

“Handling Business Tort Cases, Jury Selection Chapter for West Publishing’s book, 2014

“When Simple Mistakes Become Bad Faith Gold,” ABA -- The Brief, Winter 2014

“Millennials in the Jury Box in Insurance Coverage Cases, ABA-TIPS Insurance Coverage Litigation Committee, 2012

“Two Sides of Persuasive Communication, ABA-TIPS Trial Techniques Committee, 2011

“The law and, notably, juror attitudes will make insanity defense difficult for Loughner, The National Law Journal, 2011

“Sometimes We Do and Sometimes We Don’t: What Litigators Need to Know About Preference Reversal,, ABA-TIPS Section, 2009

“Winning At Trial, National Institute for Trial Advocacy, (Contributing Author), 2007

“The Modern Jury – Subconscious cues play a role in trial outcomes,” The National Law Journal, 2007.

“Telling Tales, Inside Litigation, 2006

“Improving Jury Trial Results with Effective Voir Dire, For The Defense, 2006

“Bridging the Juror Information Gap: Five Best Practices for Learning More about Jurors,” co-author with Robert T. Connor, Esq., 2004

“Revealing the Hearts and Minds of the Jury: Six Best Practices for Improving Voir Dire Results,” co-author with Peter A. Moir, Esq., 2004

 

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