1. Technology to EvaluateLitigation RiskPresented By:Dr. Donald E. VinsonDr. Katie V. VinsonBenjamin D. Kingston, Esq.

2. Presenter BackgroundsDr. Donald E. Vinson Chairman and CEO, Vinson Resolution ManagementDr. Donald E. Vinson is widely considered the "founding father" of the trial consulting field, and is internationallyrecognized as the worlds leading expert in the field. He has founded three successful companies in the space, two ofwhich were acquired by NYSE-listed corporations (he currently serves as Chairman of the third). Dr. Vinson hasspent the last 35 years providing valuable insights and strategic recommendations to trial attorneys about jurorbehavior, and his record of success is unparalleled. He has consulted on hundreds of civil and criminal trials,including Pennzoil v. Texaco, the Oklahoma City bombing case, the DuPont Plaza Hotel and MGM Grand Hotel fires,Dalkon Shield litigation, the O.J. Simpson murder trial, and the World Trade Center insurance case.Katherine V. Vinson, Ph.D. Vice President, Litigation SciencesDr. Katherine (Katie) Vinson is a Social Psychologist with a specialty in Juror Behavior and Decision Making. Herexpertise is based on quantitative measures of juror attitudes, experiences, and behaviors to predict verdicts anddamage awards. This work involves sophisticated mathematical and statistical analysis to develop jury predictionmodels which have been successfully employed in major commercial cases.Benjamin D. Kingston, Esq. Director of Legal ServicesMr. Benjamin (Ben) Kingston is an experienced litigation attorney in both the consumer and commercial lawsectors. As the Director of Legal Services at Vinson Resolution Management (VRM), Ben manages the underwritingof commercial claims being considered for funding, and monitors funded lawsuits through their resolution. He alsoworks with VRMs clients and their handling attorneys to structure funding arrangements that align interests byrewarding efficiency and efficacy during litigation 3. Early Case Assessment (ECA) and its Importance Litigation is risky, time consuming and expensive Although only about 5% of cases are tried, every ECAshould presume trial is strong possibility Accurate ECA is most crucial variable in decisionswhether to litigate or settle 4. Early Case Assessment (ECA) and its Importance ECA provides a roadmap calculated to accomplish aclients objectives ECA involves risk assessment coupled with strategicbudgeting Careful and accurate ECA and budgeting helps avoidPyrrhic victory 5. Traditional Early Case Assessment Sufficient information for ECA is typically available for Plaintiffs before case is filed Defendants within 60-90 days after filing/service 6. Traditional Early Case Assessment Traditional ECA typically includes Analysis of relevant law Analysis of supportive and unsupportive facts Analysis venue and judge Percentage estimates based on various potential outcomes Conclusions and recommendations 7. Inaccuracies in Traditional Early Case Assessment Study: 68% of lawyers ECAs are inaccurate 44% were overconfident 24% were under-confident Attorneys are human its natural to overestimateabilities on tasks, particularly when advocating Dont want clients to equate tempered optimism withlack of confidence or zeal 8. Inaccuracies in Traditional Early Case Assessment Attorneys wish and strive for a good outcome, however While this is a strength for zealous advocacy It is also a weakness when it skews the attorneys ability to predict Inaccurate predictions can be costly Overconfidence = rejecting reasonable settlements Under-confidence = accepting low settlements Most frequently attorneys and clients inaccurately predictjury trial outcomes Attorneys often rely on past outcomes of like cases And make educated guesses on how jurors will weigh the evidenceand apply the law 9. Historical Case Examples 10. The Trial of Lizzie Borden1893 11. The O.J. Simpson Case 12. OK To Use Physical Force on Family MemberThe JuryYes42%No58% 13. Self, Family Member or Friend Victim of Domestic ViolenceThe JuryYes33%No67% 14. Negative Experience with PoliceThe JuryYes50%No50% 15. O.J. Unlikely to Murder Because He Excelled at FootballThe JuryYes75%No25% 16. Rather Jurors CBS JurorsDan Rather V. CBSReal-Time Response System 17. Plaintiffs V. VivendiBronx JurorsCharles M.31-35 MaleSingle African-AmericanSome High SchoolChefJulio V.31-35 MaleMarried HispanicHigh School DegreeAuto InstallerDeny M.36-40 MaleMarried HispanicHigh School DegreeStock Clerk 18. JURY PSYCHOLOGY 101 19. ATTITUDES, VALUES & BELIEFS 20. ATTITUDE CHANGE 21. Attitude Change Reject Distort Minimize Importance Contrive 73.6%of all Statistics are Made Up Change Attitude 22. PERCEPTION 23. Gestalt Psychology What is Gestalt Psychology The gestalt effect is the capability of our brain togenerate whole forms, particularly with respect tothe visual recognition of global figures instead ofjust collections of simpler and unrelated elements(points, lines, curves...). 24. Gestalt Psychology 25. STAD 26. STAD 27. Evaluation ProtocolTM 28. Evaluate merits and potential case outcomeExpertJudgesBlack BoxCaseEvaluationScoreEvaluation ProtocolJurorsLawyers 29. Lawyer, Judge, and Expert Evaluation ProcessesStatistical Data 30. Juror Evaluation Process Juror Panel Demographics Psychological attitudes Political attitudes Verdict orientation Predisposition to award damagesGoodJurorsBad Jurors 31. Juror Evaluation ProcessesStatistical Data 32. Sample Jury Panel Video 33. Online Surveyhttps://survey.co1.qualtrics.com/SE/?SID=SV_0rG2QiEAEDm5dMp 34. Black BoxAlgorithm 35. Black BoxCaseCharacteristics 36. Case Characteristics Case Facts Strength of evidence Case complexity Element of Litigation Potential for summary judgment Potential of defendant waging vigorous defense Characteristics of Litigants Physical attractiveness of witness Industry of litigants 37. Black BoxCaseCharacteristicsImportance ofCharacteristics 38. Importance of Case CharacteristicsUncontradicted evidence as to anelement of proof at trialThe quantitative value of thetrade secret information 39. Evaluation ScoreLawyers, Judges & ExpertsSurrogate JurorsBlack Box 40. Thank You!Vinson Resolution ManagementFor More Information aboutVinson Resolution Managementvisit www.vinres.comor call 310-531-1700