FTI Consulting was retained by Whole Foods and Wild Oats to provide graphics, technology support, and jury research for an expedited two-day trial where the FTC sought to block the merger of the two companies. Over seven intense days, FTI consultants worked closely with the legal team to develop graphics and presentations rebutting the FTC's view that the merger would eliminate competition in the premium organic supermarket market. FTI's trial technology support continued in the courtroom. In the end, the judge denied the FTC claim and allowed the merger to proceed, validating FTI's powerful visual and technical assistance.
This document summarizes a presentation on sovereign immunity at the Patent Trial and Appeal Board (PTAB). It discusses how sovereign immunity has been applied to dismiss inter partes reviews (IPRs) filed against state entities. It outlines open legal questions including whether the waiver of sovereign immunity applies if a patent owner files a patent infringement lawsuit. The presentation also discusses strategies companies may consider regarding sovereign immunity, such as assigning patents to sovereign entities to avoid IPRs or carefully drafting licensing and collaboration agreements with state universities.
Media and Analyst CoverageThe Threat from Inside - The Risks of IP Theft
FTI Journal - March 2012
Companies face serious risks from employee intellectual property theft. To protect themselves, they need strong onboarding and exiting policies, plus computer forensics expertise.
James Scarazzo
Director, FTI Technology
Jason Ray
Director, FTI Technology
Refco is a financial services company that filed for bankruptcy in 2005 after its CEO was discovered to have transferred $430 million in uncollectible accounts to hide debts. FTI was engaged by Refco's board and counsel to conduct an emergency collection of over 250 electronic assets totaling over 7 terabytes from key individuals and systems. Within a weekend, FTI analyzed complex transactions, reviewed documents and records, and provided an initial report of its findings on suspicious money transfers to help understand the full extent of the fraud.
This document discusses predictive coding, a machine-based method for rapidly reviewing large pools of documents to determine relevance for legal cases. It works by having attorneys review a sample set to tag documents as relevant or not. Software then builds a model assigning weights to document features and refines the model against the sample. The model's effectiveness is measured statistically before being applied to the full document set. Predictive coding is faster, cheaper, and more accurate than manual or keyword searches for large-scale document reviews in litigation. However, many attorneys are still unfamiliar with and apprehensive about using predictive coding.
FTI Technology provided software and on-site services to a large public company facing a potential antitrust matter. FTI professionals deployed to the company's headquarters to conduct a secure internal audit using FTI's e-discovery software. Through processing, culling and analytics features, the data was rapidly assessed, reducing the review set in half. This fast and cost-effective analysis helped the company's legal team develop their strategy.
1) The article discusses the risks companies face related to corporate emails, electronic documents, and electronically stored information (ESI) in litigation and investigations. It has become integral evidence that must be retained and turned over.
2) Mishandling ESI can result in negative publicity for a company from high profile cases where ESI issues took precedence over the original legal claims. Proper records retention policies and accumulation procedures can help reduce these risks.
3) The proliferation of electronic information within a company can create or provide evidence of liability that may not be uncovered until a legal case or investigation. Understanding corporate email policies and ensuring adherence can help address these risks.
This document discusses how metadata from electronic documents can provide useful information in litigation. Metadata is data about a document that is automatically captured by software and includes information like document edits, authorship, dates of edits and printing, and file paths. This hidden data can help establish knowledge of a document, reveal changes from drafts, and expose patterns of potential bias. Metadata allows attorneys to gain insights about document handling that may not be evident from just the content.
This document summarizes a presentation on sovereign immunity at the Patent Trial and Appeal Board (PTAB). It discusses how sovereign immunity has been applied to dismiss inter partes reviews (IPRs) filed against state entities. It outlines open legal questions including whether the waiver of sovereign immunity applies if a patent owner files a patent infringement lawsuit. The presentation also discusses strategies companies may consider regarding sovereign immunity, such as assigning patents to sovereign entities to avoid IPRs or carefully drafting licensing and collaboration agreements with state universities.
Media and Analyst CoverageThe Threat from Inside - The Risks of IP Theft
FTI Journal - March 2012
Companies face serious risks from employee intellectual property theft. To protect themselves, they need strong onboarding and exiting policies, plus computer forensics expertise.
James Scarazzo
Director, FTI Technology
Jason Ray
Director, FTI Technology
Refco is a financial services company that filed for bankruptcy in 2005 after its CEO was discovered to have transferred $430 million in uncollectible accounts to hide debts. FTI was engaged by Refco's board and counsel to conduct an emergency collection of over 250 electronic assets totaling over 7 terabytes from key individuals and systems. Within a weekend, FTI analyzed complex transactions, reviewed documents and records, and provided an initial report of its findings on suspicious money transfers to help understand the full extent of the fraud.
This document discusses predictive coding, a machine-based method for rapidly reviewing large pools of documents to determine relevance for legal cases. It works by having attorneys review a sample set to tag documents as relevant or not. Software then builds a model assigning weights to document features and refines the model against the sample. The model's effectiveness is measured statistically before being applied to the full document set. Predictive coding is faster, cheaper, and more accurate than manual or keyword searches for large-scale document reviews in litigation. However, many attorneys are still unfamiliar with and apprehensive about using predictive coding.
FTI Technology provided software and on-site services to a large public company facing a potential antitrust matter. FTI professionals deployed to the company's headquarters to conduct a secure internal audit using FTI's e-discovery software. Through processing, culling and analytics features, the data was rapidly assessed, reducing the review set in half. This fast and cost-effective analysis helped the company's legal team develop their strategy.
1) The article discusses the risks companies face related to corporate emails, electronic documents, and electronically stored information (ESI) in litigation and investigations. It has become integral evidence that must be retained and turned over.
2) Mishandling ESI can result in negative publicity for a company from high profile cases where ESI issues took precedence over the original legal claims. Proper records retention policies and accumulation procedures can help reduce these risks.
3) The proliferation of electronic information within a company can create or provide evidence of liability that may not be uncovered until a legal case or investigation. Understanding corporate email policies and ensuring adherence can help address these risks.
This document discusses how metadata from electronic documents can provide useful information in litigation. Metadata is data about a document that is automatically captured by software and includes information like document edits, authorship, dates of edits and printing, and file paths. This hidden data can help establish knowledge of a document, reveal changes from drafts, and expose patterns of potential bias. Metadata allows attorneys to gain insights about document handling that may not be evident from just the content.
The document summarizes a panel discussion on the evolving landscape of molecular diagnostics in light of recent changes in patent law. The panelists, who represented both public and private sector organizations, discussed how Supreme Court rulings have narrowed the scope of patentable subject matter. This has made it more difficult to patent diagnostic methods, natural products, and isolated genomic sequences. The panelists outlined strategies for companies to diversify their patent portfolios and pursue more creative claiming approaches in response to the changing legal environment. They also emphasized the importance of demonstrating clinical utility rather than relying solely on patent protection. While the full impacts of the new case law remain uncertain, the consensus was that clarity around patent eligibility is needed for continued innovation in molecular diagnostics
This document summarizes a conference on medical device and diagnostic intellectual property and patent strategy. The conference will bring together in-house counsel and attorneys from medical device and diagnostic companies to discuss clarifying recent case law, process changes, and industry trends impacting IP preservation and expansion. It will include presentations on the implications of recent Supreme Court cases, utilizing inter partes review proceedings, managing patent budgets, partnering with academic institutions, and interpreting indefiniteness. The goal is to provide strategies for companies to strengthen protection of existing and developing intellectual property.
The document provides a daily digest of patent and trademark updates from August 1, 2011 compiled by Sagacious Research, a firm that provides affordable IP services. The patent updates section summarizes top patent stories of the day involving various cases and new patents. The trademark updates section similarly summarizes top trademark stories. The document concludes with information about Sagacious Research, the types of IP services they provide and technical domains they cover.
This summary provides the key points from the document in 3 sentences:
The document discusses strategies for patent litigation jury trials. It notes that juries rely heavily on peripheral cues like witness credibility due to the complex technical nature of patent cases. The strategies that are most effective include focusing on both infringement and invalidity defenses, undermining the credibility of opposing experts, and ensuring attorneys maintain credibility through accurate statements.
- Drug companies want to protect their intellectual property rights to manufacture and sell COVID-19 vaccines, while India, South Africa, and other developing nations want to end IP protections in order to share how to make vaccines more widely.
- A letter sent to the US President argues that IP protections have been essential for developing vaccines quickly and should not be waived, as removing them could undermine the global response and vaccine confidence. However, others argue a waiver could help scale up vaccine production and access in developing countries.
- The letter uses techniques like flattery, establishing cooperation, and shifting blame to support maintaining the status quo of IP protections. It aims to convince the US not to support a proposed waiver of certain IP rules being
Jeffrey S. Spigel has extensive experience representing clients in civil and criminal antitrust investigations and litigation across many industries, including energy, financial services, healthcare, manufacturing, media, and technology. He has successfully defended clients in investigations by the Department of Justice and Federal Trade Commission, helping many transactions close without government action. Spigel also advises clients on antitrust issues involving their business practices and mergers and acquisitions.
This document discusses the importance of understanding intellectual property and patents in agricultural innovation and commercialization. It provides information on several free and subscription-based patent databases that can be used to research patents. It also describes how PIPRA conducts freedom to operate analyses to ensure new innovations do not infringe on existing intellectual property rights. The process involves defining the technology, forming a team of experts, developing search questions, conducting an investigation of relevant patents and intellectual property, and producing a report on the state of the art. The results can help inform intellectual property management strategies.
This document summarizes best practices for brand name and generic drug companies in navigating Paragraph IV patent challenges and IPR proceedings at the PTO. It recommends that companies 1) identify and prepare experts early, 2) develop claim construction positions, 3) investigate and develop evidence of non-obviousness, and 4) investigate prior art of record. It also discusses considerations for addressing parallel IPR and litigation proceedings, such as potential estoppel effects and prosecution bars. Additionally, it covers unsettled issues in damages law for at-risk generic launches and antitrust risks of product switching strategies for brand name drugs.
To Promote Innovation:
The Proper Balance of
Competition and Patent Law and Policy
A Report by the Federal Trade Commission
FEDERAL TRADE COMMISSION
October 2003
With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when outsourcing identification, collection, culling, early-case assessment, and first-pass review. Outsourcing is no longer an option from both a cost and risk perspective.
Dr. D'vorah Graeser presented on freedom to operate considerations for biosimilars. She has a PhD in pharmacology and experience in intellectual property. Her presentation discussed how submarine patents, process patents, the FDA approval process, and trade secrets can impact a biosimilar applicant's ability to freely operate. In particular, she noted the uncertainty around the effect of process patents and trade secret protection. In conclusion, she emphasized the need to be aware of potential patent issues and stated that the current FDA process for biosimilars remains unsettled.
Dr. D'vorah Graeser presented on freedom to operate considerations for biosimilars. She has a PhD in pharmacology and experience in intellectual property. Her presentation discussed how submarine patents, process patents, the FDA approval process, and trade secrets can impact a biosimilar applicant's ability to freely operate. In particular, she noted the uncertainty around the effect of process patents and trade secret protection. In conclusion, she emphasized the need to be aware of potential patent issues and stated that the current FDA process for biosimilars remains unsettled.
This document summarizes a new porous titanium dental implant technology called Ti FoamTM that is created using nanotechnology. It has the following key advantages over other dental implants: 1) Its porous structure mimics bone to facilitate rapid bone growth; 2) Growth enhancers and antibiotics embedded in the material promote even faster healing within days rather than months; 3) The expanded surface area of the porous material allows it to bond twice as much bone. This positioning opens opportunities in a large and growing $3.5 billion global dental implant market. The technology has completed development and testing and seeks $1.5 million in initial funding to commercialize the product.
PGRT Basics (Series: IP 301 Post-Grant Review Trials 2020)Financial Poise
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/pgrt-basics-2020/
The cpr process and role of medical expert evidence in court v2Vaikunthan Rajaratnam
Understand the accepted definition, role and responsibility of the experts within the legal framework
Understand the current changes and development of the Civil Procedure Processes globally
To describe and determine the reliability, validity and credibility of an expert opinion
The document discusses various forms of intellectual property protection including patents, copyrights, trademarks, and trade secrets. Patents provide the strongest protection by giving owners the right to stop others from using their invention, but require public disclosure of how to practice the invention. Copyright and trademark protection have more limited scopes. Trade secrets do not require disclosure but can be lost if the secret becomes public. The document provides examples of intellectual property issues that commonly arise for biotech inventions and businesses.
This document summarizes a court case regarding whether Cisco Systems could be held liable for human rights abuses in China facilitated by their networking technology. The court found Cisco was not liable as their technology had legitimate uses and they did not tailor it for abuse. However, plaintiffs argued Cisco customized and marketed the technology to enable monitoring and censorship. The stakeholders are Cisco, Chinese customers/plaintiffs, and legal counsel. Alternatives discussed are promoting awareness of company complicity, continuing or refusing sales in China. The group decided increased awareness was best to identify violations abroad through media and courts. Outcomes are that companies face challenges of globalization and link between third party product use and the company.
Medical Expert Evidencein court
At the end of this lecture you will be able to :-
Understand the accepted definition, role and responsibility of the experts within the legal framework
Understand the current changes and development of the Civil Procedure Processes globally
To describe and determine the reliability, validity and credibility of an expert opinion
Managing intellectual property at agricultural research organizations like CIAT is becoming more complex due to changing contexts and partnerships. CAS-IP assists CIAT in strategically managing its intellectual property through supporting public-private partnerships, germplasm exchange, increasing access to knowledge, and building capacity on intellectual property issues. Effective intellectual property management is crucial for CIAT to fulfill its mission of developing agricultural innovations and ensuring they benefit smallholder farmers.
variety of industries and private practitioners attend this event for worthwhile benchmarking and networking with the “who’s who” of the 337 bar, including senior decision-makers from the ITC, companies and practitioners involved in some of the most high profile cases to date.
The document summarizes a panel discussion on the evolving landscape of molecular diagnostics in light of recent changes in patent law. The panelists, who represented both public and private sector organizations, discussed how Supreme Court rulings have narrowed the scope of patentable subject matter. This has made it more difficult to patent diagnostic methods, natural products, and isolated genomic sequences. The panelists outlined strategies for companies to diversify their patent portfolios and pursue more creative claiming approaches in response to the changing legal environment. They also emphasized the importance of demonstrating clinical utility rather than relying solely on patent protection. While the full impacts of the new case law remain uncertain, the consensus was that clarity around patent eligibility is needed for continued innovation in molecular diagnostics
This document summarizes a conference on medical device and diagnostic intellectual property and patent strategy. The conference will bring together in-house counsel and attorneys from medical device and diagnostic companies to discuss clarifying recent case law, process changes, and industry trends impacting IP preservation and expansion. It will include presentations on the implications of recent Supreme Court cases, utilizing inter partes review proceedings, managing patent budgets, partnering with academic institutions, and interpreting indefiniteness. The goal is to provide strategies for companies to strengthen protection of existing and developing intellectual property.
The document provides a daily digest of patent and trademark updates from August 1, 2011 compiled by Sagacious Research, a firm that provides affordable IP services. The patent updates section summarizes top patent stories of the day involving various cases and new patents. The trademark updates section similarly summarizes top trademark stories. The document concludes with information about Sagacious Research, the types of IP services they provide and technical domains they cover.
This summary provides the key points from the document in 3 sentences:
The document discusses strategies for patent litigation jury trials. It notes that juries rely heavily on peripheral cues like witness credibility due to the complex technical nature of patent cases. The strategies that are most effective include focusing on both infringement and invalidity defenses, undermining the credibility of opposing experts, and ensuring attorneys maintain credibility through accurate statements.
- Drug companies want to protect their intellectual property rights to manufacture and sell COVID-19 vaccines, while India, South Africa, and other developing nations want to end IP protections in order to share how to make vaccines more widely.
- A letter sent to the US President argues that IP protections have been essential for developing vaccines quickly and should not be waived, as removing them could undermine the global response and vaccine confidence. However, others argue a waiver could help scale up vaccine production and access in developing countries.
- The letter uses techniques like flattery, establishing cooperation, and shifting blame to support maintaining the status quo of IP protections. It aims to convince the US not to support a proposed waiver of certain IP rules being
Jeffrey S. Spigel has extensive experience representing clients in civil and criminal antitrust investigations and litigation across many industries, including energy, financial services, healthcare, manufacturing, media, and technology. He has successfully defended clients in investigations by the Department of Justice and Federal Trade Commission, helping many transactions close without government action. Spigel also advises clients on antitrust issues involving their business practices and mergers and acquisitions.
This document discusses the importance of understanding intellectual property and patents in agricultural innovation and commercialization. It provides information on several free and subscription-based patent databases that can be used to research patents. It also describes how PIPRA conducts freedom to operate analyses to ensure new innovations do not infringe on existing intellectual property rights. The process involves defining the technology, forming a team of experts, developing search questions, conducting an investigation of relevant patents and intellectual property, and producing a report on the state of the art. The results can help inform intellectual property management strategies.
This document summarizes best practices for brand name and generic drug companies in navigating Paragraph IV patent challenges and IPR proceedings at the PTO. It recommends that companies 1) identify and prepare experts early, 2) develop claim construction positions, 3) investigate and develop evidence of non-obviousness, and 4) investigate prior art of record. It also discusses considerations for addressing parallel IPR and litigation proceedings, such as potential estoppel effects and prosecution bars. Additionally, it covers unsettled issues in damages law for at-risk generic launches and antitrust risks of product switching strategies for brand name drugs.
To Promote Innovation:
The Proper Balance of
Competition and Patent Law and Policy
A Report by the Federal Trade Commission
FEDERAL TRADE COMMISSION
October 2003
With hundreds of terabytes of e-mail, file shares, and other applications, corporations face the potential loss of critical intellectual property, trade secrets, and confidential information when outsourcing identification, collection, culling, early-case assessment, and first-pass review. Outsourcing is no longer an option from both a cost and risk perspective.
Dr. D'vorah Graeser presented on freedom to operate considerations for biosimilars. She has a PhD in pharmacology and experience in intellectual property. Her presentation discussed how submarine patents, process patents, the FDA approval process, and trade secrets can impact a biosimilar applicant's ability to freely operate. In particular, she noted the uncertainty around the effect of process patents and trade secret protection. In conclusion, she emphasized the need to be aware of potential patent issues and stated that the current FDA process for biosimilars remains unsettled.
Dr. D'vorah Graeser presented on freedom to operate considerations for biosimilars. She has a PhD in pharmacology and experience in intellectual property. Her presentation discussed how submarine patents, process patents, the FDA approval process, and trade secrets can impact a biosimilar applicant's ability to freely operate. In particular, she noted the uncertainty around the effect of process patents and trade secret protection. In conclusion, she emphasized the need to be aware of potential patent issues and stated that the current FDA process for biosimilars remains unsettled.
This document summarizes a new porous titanium dental implant technology called Ti FoamTM that is created using nanotechnology. It has the following key advantages over other dental implants: 1) Its porous structure mimics bone to facilitate rapid bone growth; 2) Growth enhancers and antibiotics embedded in the material promote even faster healing within days rather than months; 3) The expanded surface area of the porous material allows it to bond twice as much bone. This positioning opens opportunities in a large and growing $3.5 billion global dental implant market. The technology has completed development and testing and seeks $1.5 million in initial funding to commercialize the product.
PGRT Basics (Series: IP 301 Post-Grant Review Trials 2020)Financial Poise
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/pgrt-basics-2020/
The cpr process and role of medical expert evidence in court v2Vaikunthan Rajaratnam
Understand the accepted definition, role and responsibility of the experts within the legal framework
Understand the current changes and development of the Civil Procedure Processes globally
To describe and determine the reliability, validity and credibility of an expert opinion
The document discusses various forms of intellectual property protection including patents, copyrights, trademarks, and trade secrets. Patents provide the strongest protection by giving owners the right to stop others from using their invention, but require public disclosure of how to practice the invention. Copyright and trademark protection have more limited scopes. Trade secrets do not require disclosure but can be lost if the secret becomes public. The document provides examples of intellectual property issues that commonly arise for biotech inventions and businesses.
This document summarizes a court case regarding whether Cisco Systems could be held liable for human rights abuses in China facilitated by their networking technology. The court found Cisco was not liable as their technology had legitimate uses and they did not tailor it for abuse. However, plaintiffs argued Cisco customized and marketed the technology to enable monitoring and censorship. The stakeholders are Cisco, Chinese customers/plaintiffs, and legal counsel. Alternatives discussed are promoting awareness of company complicity, continuing or refusing sales in China. The group decided increased awareness was best to identify violations abroad through media and courts. Outcomes are that companies face challenges of globalization and link between third party product use and the company.
Medical Expert Evidencein court
At the end of this lecture you will be able to :-
Understand the accepted definition, role and responsibility of the experts within the legal framework
Understand the current changes and development of the Civil Procedure Processes globally
To describe and determine the reliability, validity and credibility of an expert opinion
Managing intellectual property at agricultural research organizations like CIAT is becoming more complex due to changing contexts and partnerships. CAS-IP assists CIAT in strategically managing its intellectual property through supporting public-private partnerships, germplasm exchange, increasing access to knowledge, and building capacity on intellectual property issues. Effective intellectual property management is crucial for CIAT to fulfill its mission of developing agricultural innovations and ensuring they benefit smallholder farmers.
variety of industries and private practitioners attend this event for worthwhile benchmarking and networking with the “who’s who” of the 337 bar, including senior decision-makers from the ITC, companies and practitioners involved in some of the most high profile cases to date.
1. FTC versus Whole
Foods and Wild oaTs
deCherT llP, skadden arPs, vinson & elkins
t h e c a s e s b ehind The call came late on a Friday afternoon: the Federal Trade Commission wanted to block the
t he h e a d l i nes proposed merger of Whole Foods and Wild Oats, and the parties were to square off in court in
less than two weeks. What could FTI do to help? And how fast could FTI do it?
FTI graphics experts can create a wide The following Monday morning at 8:30 A.M., FTI communications and technology
range of visual communications devices consultants were sitting across the desk from lead counsel Paul Denis of Dechert LLP,
to support the litigation team, including: reviewing preliminary graphic concepts and proposed courtroom technology requirements.
— Exhibit plans and outlines By lunchtime, FTI consultants had already been in court with defendants’ counsel and
participated in an all-counsel strategy session. By the end of the day, FTI’s Trial Services
— Opening statement presentations professionals were fully engaged and firmly embedded in the trial team.
— Witness presentations
Over the next seven days, FTI provided continuous communications consulting, graphic design
— Research presentations and production, and technology consulting to prepare for what was in every sense of the term
— Hardboards a “bet the company case.” And in this case, the defendant companies and defense counsel
placed their bet on FTI.
— 2D and 3D animation
— Interactive multimedia FTI Trial Services was retained by defendants to provide support for a two-day expedited
hearing before Judge Paul Friedman in United States District Court in Washington, DC. The
— Timelines FTC was seeking to block the merger of Whole Foods and Wild Oats claiming the merger would
— Technical and medical illustrations eliminate competition by allowing Whole Foods to acquire, and then close, existing Wild Oats
— Tutorials stores thereby allowing Whole Foods to raise prices and harm consumers in the “premium and
natural organic supermarket” (PNOS) market.
A key aspect to the defense was demonstrating that vigorous competition for PNOS shoppers
FTI Trial Technology professionals lend
exists in a market much larger than Whole Foods and Wild Oats—indeed, a market that today
expertise in the courtroom and war
includes virtually every supermarket available to shoppers interested in purchasing natural
room with:
and organic products. Another key defense theme was rebutting the FTC’s allegation that
— Best-of-breed courtroom these PNOS shoppers constituted an enormous percentage of Whole Foods and Wild Oats core
presentation solutions customers, an allegation belied by market data and effectively emphasized with supporting
— Deepest bench of experienced conceptual graphics.
trial technology consultants in FTI Trial Services professionals worked continually with trial team members over a nine-day
the industry period to refine these themes through effective and persuasive use of graphics and trial
— TrialMax trial presentation software technology. From early in the morning until late at night—sometimes through the night - FTI
worked side-by-side with the trial team to ensure that the day trial began, Whole Foods and
Wild Oats would have a compelling presentation to rebut the FTC’s allegations.
FTI Jury consultants offer deep experience
designing research to investigate juror But FTI’s support didn’t end when trial began. As lines formed outside the courtroom for this
perceptions by application of: high profile case watched keenly by the business and investment communities, FTI was in the
courtroom providing graphics and real-time technology support to Mr. Denis and the defense
— Community attitude surveys team. Two senior FTI professionals were present for the entire two days of trial, developing
— Focus groups instant graphic treatments and revisions, presenting documents and videotape on a large
— Mock trial research projection screen viewed by the judge, counsel and packed gallery, and ensuring that in the
end defendants’ presentation of the case was seamless, persuasive, and powerful.
— Witness preparation
A few days later, Judge Friedman rendered his verdict: the FTC claim was denied, and Whole
— Jury selection
Foods and Wild Oats were cleared to proceed with the merger. A subsequent appeal by the FTC
— Post-trial interviews was also denied by the appeals court, sealing the victory for Whole Foods and Wild Oats, the
trial team, and FTI Consulting Trial Services.