DecisionQuest Advises on Historic Win in U.S. District Court of New Jersey

National Jury Consultancy Celebrates Victory in Six-Month Trial

LOS ANGELES (May 19, 2014) – DecisionQuest, the three-time New York Law Journal “Best Jury Consultant” honoree, was a key advisor in a historic antitrust case that concluded on March 27, 2014 when a jury in New Jersey awarded $20 million in compensatory damages to the Tacoma, Wash.-based Continuant Inc., an aftermarket maintenance service provider.

In Avaya Inc. v. Telecom Labs Inc. et al., case number 1:06-cv-02490, in the U.S. District Court for the District of New Jersey, an eight-member jury ruled in favor of Continuant Inc., a third-party OEM-independent voice and data systems maintenance provider, and against telecommunications giant Avaya Inc. The jury deliberated for only four days to reach its verdict after a six-month trial in federal court.

The case is of significant historic interest because it is the first instance of an aftercare maintenance service provider winning a verdict in an antitrust case since the 1992 Eastman Kodak litigation.

Avaya first brought a massive unfair competition lawsuit against Telecom Labs Inc. and Continuant (‘TLI/C”) in 2006, alleging a litany of claims, including misappropriation of trade secrets, violation of the Digital Millennium Copyright Act, violation of the Lanham Act, trade libel, tortious interference with contractual relations and prospective economic advantage, among others. However, following the Court’s dismissal of Avaya’s entire case upon TLI/C’s motion at the close of Avaya’s trial proofs and TLI/C’s lengthy prosecution of counterclaims alleging violation of the United States antitrust laws, a jury in New Jersey federal district court returned a verdict in favor of TLI/C. It concluded that Avaya in fact violated such laws in attempting to enforce a monopoly in the aftermarket for maintenance of certain enterprise-level Avaya telecommunications equipment.

By law, the damages will be trebled to $60 million pursuant to antitrust law. Avaya is also liable for attorney fees, which, along with interest penalties, could bring the total judgment to $100 million.

“DecisionQuest was absolutely integral to the trial team’s success, both in terms of defending against Avaya’s massive complaint and in prosecuting our substantial antitrust counterclaims,” said Anthony La Rocco of K&L Gates in Newark, Continuant’s counsel in the case.

“The DQ team quickly developed a very firm grasp of a massive amount of particularly complex information and greatly assisted the trial team in breaking it all down into simple terms for the jury—a process that is critical to success in any complex litigation,” added La Rocco. “The DQ team helped immeasurably at every step of the way, starting with pre-trial preparation all the way through closing arguments. Our clients would not be enjoying this extraordinary victory today without the support of the DecisionQuest team.”

DecisionQuest Vice Presidents Marygrace Schaeffer and Paul H. Jepsen, both based in the firm’s Minneapolis, Minnesota office, were DecisionQuest’s key players in the case. With nearly 50 years of combined trial consulting experience, Schaeffer and Jepsen were able to assist their client and the K&L Gates trial team with nonpareil research and strategy. DecisionQuest has been retained on antitrust disputes in 185 cases in 32 states.

“It is immensely gratifying to play a part in the resolution of this significant case on behalf of Continuant Inc.,” said Dr. Philip K. Anthony, CEO of DecisionQuest. “The lasting effect of this verdict, supporting competition in the marketplace, will stretch well beyond the telecommunications industry and third-party maintenance providers. This victory is also a testament to the value of focused jury consulting, and its impact in ensuring that jurors can clearly understand complex fact patterns in order to reach the appropriate decisions.”

For further information contact Samantha Kruse at SKruse@levick.com, 202.973.5313, or Robert Gemmill at RGemmill@levick.com, 202.973.1315.

About DecisionQuest

DecisionQuest is the nation’s leading trial consulting firm, assisting clients through the expert use of the art of persuasion. With more than 100 employees in nine offices across the country, DecisionQuest provides clients with unparalleled scope and knowledge of multiple venues throughout the United States. For over 30 years, DecisionQuest principals have been retained in more than 18,000 high-risk trials and negotiations nationwide. DecisionQuest’s core capabilities include testing and developing case strategies; witness evaluation and preparation; community attitude survey analysis; jury selection; strategic demonstrative exhibit design and production; and trial presentation assistance. For more information, visit www.decisionquest.com.

DecisionQuest Announces Major Expansion Across Six U.S. Cities

LOS ANGELES, Nov. 11, 2014 /PRNewswire/ — DecisionQuest, the nation’s leading trial consulting firm, today announced a major expansion to the firm’s jury consulting group with the appointment of twenty new employees nationwide. In adding to its lineup of leading trial consultants, including graphics consultants and litigation support experts, the DecisionQuest team will now extend its reach in key cities across the nation in response to growing demands for strategic jury consulting services.

With offices in ten major metropolitan centers in the United States, DecisionQuest (“DQ”) is growing its presence in Chicago, San Francisco, Los Angeles, Washington, D.C., Boston, and Miami. This expansion, which represents a key moment in the ongoing growth and consideration of the jury consulting profession, brings top-name professionals to the DecisionQuest team. DQ veterans as well as these recent talent acquisitions have garnered such accolades as Best End-to-End Litigation Consulting Firm and Best Jury Consultant from The National Law Journal.

“We are honored to welcome these extraordinary practitioners to the DecisionQuest family,” said Dr. Philip K. Anthony, CEO of DecisionQuest. “Their commitment to personalized service, and their decades of experience, directly support DecisionQuest’s ongoing mission to provide clients with fresh perspectives and the best-informed choices possible at every stage of the dispute-resolution process.”

DQ’s Chicago office welcomes Senior Vice President Daniel Wolfe, Ph. D., former Director of Jury Consulting at TrialGraphix. Dr. Wolfe has worked in the field since 1986 and is a recognized expert on high-profile, high-exposure intellectual property litigation as well as environmental, antitrust, and securities matters.

“I am very proud to join DecisionQuest,” said Dr. Wolfe. “The firm is a legendary strategic consultant, an integral part of the highest-profile trial teams, and simply the most experienced firm in the business. My colleagues welcome this opportunity to build on our knowledge, enhance our current and prospective client relationships, and enrich our professional affiliations.”

Joining Dr. Wolfe in Chicago are Vice President John D. Gilleland, and Business Development Manager Joan Jackson. With more than 25 years’ experience conducting empirical jury research, Mr. Gilleland provides extensive knowledge of jury behavior, including attitude change and persuasion techniques, attributional reasoning, and group decision-making processes. Ms. Jackson will oversee client relationships, sales operations, and sales training for DQ’s Chicago team.

In San Francisco, DQ is pleased to announce the arrival of Vice President Ronald Beaton. A former Senior Jury Consultant with TrialGraphix, Mr. Beaton is an expert in the utilization of pre-trial jury research to provide clients with critical feedback on case themes, strategies, evidence, witnesses, and presentation style. DQ’s West Coast expansion also brings Business Development Manager Laura Clementi to the firm’s Los Angeles office. Ms. Clementi has a proven record identifying professional service growth opportunities, monitoring revenue activity, and building brand loyalty.

On the East Coast, Director Leslie Ellis, Ph. D. joins DQ as a Director in Washington, D.C., where she will help further expand DQ’s footprint in the D.C.-Md.-Va. market. Dr. Ellis provides quantitative analysis through focus groups, mock trials, damages assessments, and venue analysis.

Edward Schwartz, Ph. D., M.S.L., will focus his practice in Boston and the Northeast. A nationally recognized jury consultant, Dr. Schwartz provides quantitative and qualitative analysis of pretrial jury behavior data drawn from interviews and focus group studies as well as mock trials and large-scale statistical analyses. He is particularly distinguished for the ability to blend the strategic focus of game theory and decision theory with the real-world insights of social psychology, thus gaining a more complete picture of how people absorb, analyze, and process information.

Finally, Director Donna Browning and Director of Business Development Marjorie Tinney join DQ’s Miami office. A former graphic artist and art director, Ms. Browning develops compelling graphics and consults with clients on presentation technology, trial preparation solutions, and persuasive methods to communicate case facts during trial. Ms. Tinney will help attorneys in the Miami region focus on case strategies and solutions.

About DecisionQuest

DecisionQuest is the nation’s leading trial consulting firm, assisting clients through the expert use of the art of persuasion – using research, visual communications, strategic communications, and social media analysis. Over the past 30 years, its principals have been retained in nearly 19,000 high-risk engagements nationwide. As providers of trial consulting and visual communications services to Fortune 1000 companies, DecisionQuest’s core capabilities include testing and developing case strategies; witness evaluation and preparation; community attitude survey analysis; jury selection; strategic demonstrative exhibits; and trial presentation assistance. DecisionQuest has more than 100 employees in 10 offices helping attorneys realize the best case scenario.