Monthly Archives: May 2018

Litigating Sexual Harassment Claims in the Era of “Me Too”

By Thomas M. O’Toole, Ph.D.

The “me too” movement has become one of the most defining issues in American culture over the last year. We have seen a variety of celebrities and public figures lose their jobs, and the media coverage has been extensive. The movement itself seeks to raise awareness, increase dialogue, and change the way many people think about issues related to sexual harassment and abuse.

In the world of litigation, a common area where sexual harassment claims arise is in employment litigation, but I have seen little to no research into how the “me too” movement has influenced the way jurors think about and react to sexual harassment claims in employment lawsuits. Consequently, we decided to conduct a national survey to examine this issue. Some of the data came as no surprise, while other data points highlighted some concerns about the movement’s implications for the workplace. Respondents were evenly balanced along political lines, almost evenly divided between “conservatives” and “liberals,” with a large number of “moderates” as well. Continue reading

Filling the Experience Gap with Creative Associate Training Programs

By Jill D. Schmid, Ph.D.

In an article called “The Case of the Vanishing Trial Lawyer,” published in the Boston Globe,a veteran litigator, Edward McCarthy, makes a compelling case for the need for associates to gain more trial experience, while acknowledging that their ability to do so is slim since the number of cases going to trial has dwindled so significantly. “Today,” he writes, “Most trial lawyers can’t learn by doing,” and he goes on to discuss how most cases settle or are handled in arbitration. He writes that “The result is that part of the legal profession’s apprentice system is disappearing.”  McCarthy references that the judges of the Massachusetts Superior Court recognized the problem and asked law firms to “let less experience lawyers do something – argue a motion, examine a witness – at trial. ‘Without the chance to speak in a courtroom…future generations of litigators will be less equipped to represent their clients effectively.’” Continue reading

Does the Size of a Corporate Defendant Matter?


By Thomas M. O’Toole, Ph.D.

It probably comes as no surprise that corporate defendants face a disadvantage at trial compared to individual defendants. A long line of research has established this general corporate bias; however, there has been little attention given to how jurors view large versus small corporations, so we collected data on the subject in a 2017 nationwide survey of jury-eligible respondents.

The data generally revealed that larger corporations face greater bias than smaller corporations on both liability and damages. As support, let’s look at some interesting data points from our survey on how respondents’ beliefs might impact their views of liability in cases involving large corporations: Continue reading