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.

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.

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

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

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-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

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 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

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

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.

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 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.

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

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

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

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 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?

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 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.

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 Methods - Face to face (offices, central research locations, trade shows, spectator events, etc.) - Phone (CATI) Centers - Internet

Methods

- Face to face (offices, central

research locations, trade shows,

spectator events, etc.)

- Phone (CATI) Centers

- Internet

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

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 - Continued Procedure (Execution) 6) Interviewing 7) Data Processing 8) Analysis and “report” 9) Declaration 10) Expert Testimony

Procedure (Execution)

6) Interviewing

7) Data Processing

8) Analysis and “report”

9) Declaration

10) Expert Testimony

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

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 - 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?

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 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

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 Methods 1) Focus Groups 2) Individual Interviews 1 = peer pressure, social interaction, moderator influence 2 = individually processed information

Methods

1) Focus Groups

2) Individual Interviews

1 = peer pressure, social interaction, moderator

influence

2 = individually processed information

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”

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-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

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 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

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

Qualitative v. Quantitative Research QUESTIONS?

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

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 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

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-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?

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 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 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 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:

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:

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

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 Automotive Beverage

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

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 Financial Services

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

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

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

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 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 [email_address] 858-756-1765

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

[email_address] 858-756-1765