Extraordinary Cases Require Extraordinary Insights.
CSC Jury and Trial Consulting: Delivering Winning Strategies for Complex Cases.
CSC focuses on hearing, analyzing and synthesizing jurors’ thoughts, feelings and words.
About Daniel Cooper, Esq.
From IP to antitrust, products liability to criminal culpability, complex contracts to professional malpractice and securities to civil rights, Mr. Cooper has consulted on many of the country’s most significant cases.
CSC focuses on hearing, analyzing and synthesizing jurors’ thoughts, feelings and words. In doing so, we offer case specific quantitative and qualitative approaches including:
Extended Focus Group Studies
Facilitated discussion with mock jurors over several hours focused on issues and experiences central to the case.
Thematic Narrative Mock Trials
One day mock trial that begins with presentations of the competing case thematic narrative and concludes with juror deliberations.
Strategic Mock Trials including fact and expert witness assessments
Multi-day trial simulation that includes openings, evidence presentations, closings and deliberations.
Identification of Adverse Juror Characteristics
Builds a model for identifying adverse leaders using surveys, questionnaires, and/or voir dire.
Early Case Analysis and Risk Assessment
Assessment based on litigation experience including listening to more than 10,000 jurors and mock jurors resolve a variety of complex civil cases.
Witness Review and Research
Integrated in a mock trial or as an independent exercise, gauges juror reaction to the substance and credibility of fact and expert witnesses’ testimony
A group of shadow jurors listens and provides feedback, facilitated by CSC, to the trial team.
Post-Trial Lesson Learned Analysis
Workshop with the trial team on a post-trial review and examination of the good, bad and ugly of the completed trial; including future strategies.
Judicial and Arbitration Simulations
Mock bench trials and arbitrations using retired judges or experts with relevant experience to provide judicial perspective on the core substantive issues and the most important attorney arguments in a non-jury litigation.
From IP to antitrust, products liability to criminal culpability, complex contracts to professional malpractice and securities to civil rights, Mr. Cooper has consulted on many of the country’s most significant cases including:
Bausch & Lomb v. Vitamin Health
Canon v. General Plastic and Color Imaging
Countrywide Class Action
Daiichi Sankyo v. Mylan
In re Debit Card Litigation
Dewey; Individual Criminal Prosecution
Gilead v. TEVA
HT (hormone) Litigations
Madoff; Individual Criminal Prosecution
Novartis Famvir Litigation
Power Integrations v. Fairchild
TRT (hormone) Litigations
UCB Keppra patent litigations
WorldCom Class Action Litigation
Over the years, Mr. Cooper has been a principal jury consultant for a number of high-profile individuals facing criminal charges and on complex civil litigations for companies including:
Bausch & Lomb Incorporated
Gilead Sciences Inc.
Guardian Life Insurance Company
Johnson & Johnson
New York Daily News
Novartis Pharmaceuticals Corporation
Philip Morris USA
Daniel Cooper, Esq.
Mr. Cooper is a graduate of Brown University, Harvard University’s Graduate School of Education, and Columbia University’s School of Law. He clerked for Judge Jack Weinstein (United States District Court for the Eastern District of New York) and then spent several years in private practice specializing in complex commercial cases before serving as Vice President for Corporate Administration at ICN Pharmaceuticals. In 1996, Mr. Cooper joined LitStrat, Inc. where he worked on hundreds of jury and bench trials. The cases generally involved complex civil claims in the areas of intellectual property, antitrust, securities, employment, products liability, professional malpractice, fraud, and commercial contract. Mr. Cooper has taught at various CLE programs and Webinars, recently conducting a nine session in house law firm CLE program entitled “Speaking with Jurors; a case study of a patent case from complaint through deliberations.” A few examples of his publications include:
TACKLING HINDSIGHT BIAS IN FAILURE TO WARN CASES (For the Defense, October 2010, co-authored with Loren Brown, Esq. and Christopher Campbell, Esq., awarded DRI’s G. Duffield Smith Outstanding Publication Award for 2010)
TEACHING SCIENCE TO JURORS: Ten Challenges to Effective Communication of Technical Issues by You and Your Witnesses (Chapter 24, PLI Course Book, Trial by Jury 2011)
“TELL IT TO ME LIKE I’M A FOUR-YEAR-OLD; SIMPLE v. SUPERFICIAL TEACHING TO JURORS” New York State Bar Association Antitrust Section Annual Meeting (January 2014)
THE VALUE TO JURORS OF PRELIMINARY SUBSTANTIVE LEGAL INSTRUCTIONS IN COMPLEX CASES Trial by Jury Course Book (electronic version; PLI 2013)
“I’ve worked with Dan Cooper for over 10 years. He has been my jury consultant on many of my major pharmaceutical company trials. There are consultants who help select a jury and then there are consultants who engage throughout the entire pretrial process, ask the tough questions, push you to focus on strategy and on how to best communicate so your case is understandable, memorable and persuasive to jurors. Dan does all of this and continues to work with you throughout the trial to elevate the delivery of your strategy, your story, to the jury.”
“Whether to judge or jury, we often face the challenge of finding ways to teach and persuade the trier of fact about highly technical issues of law and fact. I have found over the years that Dan Cooper brings a tenacious curiosity to the search for the best strategies to meet these challenges. His research plumbs the depth of a litigation’s strengths and weakness and he is committed to working with the trial team not to simply identity issues, but to help find solutions. Dan has also provided valuable training to many of our younger litigators who have benefited from the trial practice seminars he has conducted at the firm.”
“Over the years, I’ve had the opportunity of working with Dan Cooper on a number of jury trials. Dan’s research and insights added significantly to our trial preparation. His analysis of complex cases, how jurors are likely to hear evidence, testimony and arguments and how jurors use what they learn in their deliberations is precisely on target.”
“For more than twenty years, Dan Cooper has provided us with important research-based insights about effectively communicating very difficult and often complex issues and themes to jurors. Dan listens to lawyers, to witnesses and to jurors. His analysis is consistently reliable; his strategic recommendations invariably enhance our trial preparation.”
“Dan Cooper is a thoughtful, insightful, strategic and creative jury consultant. He is not afraid to challenge the trial lawyers. He makes us think outside the box, with his only goal being to improve the effectiveness of our presentation. His research is thorough and on-point, and Dan is my go-to jury consultant for significant matters.”