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Selecting A Jury In 2020


Speaker(s): Carol Bauss, Gregory A. Kasper, Hon. Katherine B. Forrest (fmr.), Matthew Yelovich, Robyn Bacon, Seth Gross, Thaddeus Hoffmeister, William Rountree
Recorded on: Oct. 8, 2020
PLI Program #: 278876

Carol Bauss, J.D. Ms. Bauss is a Senior Litigation Consultant at NJP Litigation Consulting/West, a nation-wide, full service, litigation consulting firm. Ms. Bauss has been with NJP for 25 years working in all three of its regional offices – Minneapolis, New York City, and now in the Bay Area. She has worked on over a thousand cases around the country ranging from white collar criminal, commercial, intellectual property, to personal injury, employment discrimination, and criminal cases.

She advises attorneys on trial presentation and jury selection strategy and works with witnesses to improve their communication skills.  Her deep knowledge of juror attitudes, juror bias, and jury decision-making is drawn from her years of experience conducting focus groups, mock trials and post-verdict juror interviews.  She helps legal teams find the human story and universal themes within complex legal disputes. She is especially adept at designing and analyzing mock juror research and translating the research findings into practical recommendations for trial preparation and jury selection.  Her background in law and rhetoric gives her expertise in helping attorneys cut through legal jargon to deliver concise and persuasive messages to the jury and other fact finders.

She is a frequent presenter and trainer for various national, state and local bar and trial lawyer associations and author on topics such as preparing expert witnesses, maximizing damages, improving trial skills, and gender bias and women in the courtroom.  She recently served on the Board of Directors of the American Society of Trial Consultants.


Gregory Kasper is the Regional Trial Counsel for the Denver Regional Office, where he oversees the Denver office’s litigation. He joined the Commission and the Denver office in 2010 and served as a Trial Counsel before becoming Regional Trial Counsel in 2014. Prior to joining the Commission, Mr. Kasper worked as a litigator in New York City for almost fifteen years. He began his legal career at Cravath, Swaine & Moore, later worked at Paul Weiss, Rifkind, Wharton & Garrison, and was Special Counsel at Schulte Roth & Zabel prior to joining the staff. Mr. Kasper earned his bachelor’s degree from Northwestern University and his law degree, cum laude, from the Georgetown University Law Center.


Katherine B. Forrest is a former U.S. District Judge for the Southern District of New York and former Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice, whose litigation practice as a partner at Cravath has a significant focus on high tech issues, including those related to artificial intelligence, the digital environment and big data. She regularly speaks, writes and advises clients on the intersection between law and technology 

Ms. Forrest is a regular technology columnist for the New York Law Journal. Her article "The Holographic Judge" was the recipient of The Burton Awards' 2020 "Law360 Distinguished Legal Writing Award," and she has a forthcoming book on artificial intelligence and justice issues. Ms. Forrest recently authored a chapter on emerging issues in copyright law and artificial intelligence in The Law of Artificial Intelligence and Smart Machines and has presented multiple times to the New York State Judicial Institute relating to Artificial Intelligence. She is an Adjunct Professor of Law at NYU Law School co-teaching a course on Quantitative Methods and the Law.

During her tenure on the bench, Ms. Forrest presided over a diverse range of matters, including several thousand criminal and civil cases and over 100 trials, and authored more than 1,000 opinions. She has significant experience in complex litigation (including in the areas of antitrust, pharmaceutical, financial services, toxic tort, intellectual property and significant employment matters), as well as criminal matters and investigations. Ms. Forrest has been recognized as a leading lawyer by numerous professional publications, including The American Lawyer, Benchmark Litigation, Chambers USA, Global Competition Review, IP Law & Business, Law360, Lawdragon and The Legal 500 US.

Ms. Forrest received a B.A. with honors from Wesleyan University in 1986, and a J.D. from NYU School of Law in 1990.


Katherine B. Forrest is a partner in Cravath, Swaine & Moore LLP’s Litigation Department.  She most recently served as a U.S. District Judge for the Southern District of New York and was the former Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice.  During her tenure on the bench, Ms. Forrest presided over a diverse range of matters.  She has significant experience in complex litigation (including in the areas of antitrust, pharmaceutical, financial services, toxic tort, intellectual property and significant employment matters), as well as criminal matters and investigations. 

Over the course of her career, Ms. Forrest has been regarded as a leader in legal issues relating to technology, including the digital environment, big data and artificial intelligence.  She regularly speaks on these issues and has a forthcoming book entitled When Machines Can be Judge, Jury and Executioner: Artificial Intelligence and the Law.  Ms. Forrest is a regular technology columnist for the New York Law Journal (“NYLJ”), and she recently authored a chapter on emerging issues in copyright law and artificial intelligence in The Law of Artificial Intelligence and Smart Machines.  Last year, she gave the Brace Memorial Lecture on Artificial Intelligence, sponsored by the Copyright Society of the U.S.A., at Fordham Law School.

Ms. Forrest was born in New York, New York.  She received a B.A. with honors from Wesleyan University and a J.D. from NYU School of Law, where she is an Adjunct Professor of Law and co-teaches a course on Quantitative Methods and the Law.  Ms. Forrest first joined Cravath as a summer associate in 1989, became an associate in 1990 and a partner in 1998.  She rejoined Cravath in September 2018.


Professor Thaddeus Hoffmeister teaches courses related to criminal law, technology, and the jury. He also directs the UDSL Criminal Law Clinic where his students represent indigent clients charged with criminal offenses. Hoffmeister previously served as the Associate Dean for Academic Affairs.

Hoffmeister has published a number of books, law review articles, and essays exploring juries, the criminal justice system, and the Internet. His most recent book is entitled Social Media Law in a Nutshell.

In addition to his academic publications, Hoffmeister edits two blogs. His first blog, Juries, which has been continuously published since 2008, focuses on the various issues that arise with jurors and the jury process. His second blog, Social Media Law, examines social media’s impact on the legal system.

Hoffmeister has been widely cited in various media outlets ranging from the New York Times to CNN to Wired magazine. He has also made numerous appearances on both television and radio programs.

Outside of his work in academia, Hoffmeister teaches legal seminars to practicing attorneys and judges, works as an Acting Magistrate Judge in Dayton Municipal Court, and serves as a Judge Advocate General in the National Guard. He has also been a jury consultant on several high-profile cases including U.S. v. Barry Bonds.

Prior to joining UDSL, Hoffmeister worked on Capitol Hill, served in the military on Active Duty, and clerked for the Honorable Anne E. Thompson, U.S. District Judge for the District of New Jersey. Hoffmeister is admitted to practice law in California, Indiana, Ohio, and Washington, D.C.

 


Seth Gross has been a practicing trial attorney for nearly twenty-five years.

Seth grew up in suburban Maryland, where he dreamed of living in the big city. At some point during his high school years, Seth came up with his life plan: he would move to New York City and become a radical lawyer.

But college came first. Seth spent his college years at the University of Chicago, graduating with a bachelor’s degree in 1991.

Seth then moved to New York City to attend New York University School of Law. While at NYU, Seth laid the groundwork for his eventual career in criminal law, enrolling in NYU’s Federal Defender Clinic. While in the clinic, Seth worked on both misdemeanor and felony cases under the supervision of the clinical professor.

Upon graduating from NYU in 1994, Seth became an Associate at Cravath, Swaine & Moore, where he worked in the litigation department for four years, representing major institutional clients of the firm such as IBM, Bristol-Meyers Squibb, Lucent Technologies and Time Warner.

In 1998, Seth returned to his original plan, joining the Legal Aid Society of New York as a Staff Attorney in the Criminal Defense Practice, where he has remained ever since. In January of 2007 Seth became a Supervising Attorney at Legal Aid. He manages a group of approximately twenty attorneys, maintaining standards for the practice as well as making sure the newer attorneys are properly trained and get the experiences they need to represent their clients well. In addition to his supervisory duties, Seth still maintains a caseload, appears in court virtually every day, and periodically has trials of his own.

Over the course of his twenty-year career with Legal Aid, Seth has been involved with countless trials, both as lead counsel and as a supervisory second-seat. Charges have ranged from the impossibly trivial to the most serious crimes imaginable, from driving with a suspended license to arson, rape and murder.

Seth lives in Brooklyn with his wife, Robin Alperstein, who is also an attorney and writer, and their two teenage children. When Seth is not doing lawyerly things he enjoys cooking/baking for his family and rock climbing.


Will Rountree is a Senior Trial Consultant with Bonora Rountree, Trial Consulting & Research in San Francisco, California.  He has consulted with trial attorneys in hundreds of civil and criminal cases. Dr. Rountree’s civil case experiences include:

  • Antitrust cases, including allegations of cartel behavior, with a specific focus on how jurors assess the “rule of reason” in antitrust cases;
  • Unfair Business Practices in both state and federal courts;
  • Intellectual Property, including patent infringement and invalidity claims, breach of FRAND agreements, and trade secrets claims;
  • Employment Discrimination, including allegations of discrimination based on race, age, gender, sexual orientation, pregnancy, sexual harassment including same-sex sexual harassment, and retaliation claims that include California Private Attorney General (PAGA) claims;
  • Professional Malpractice, including accounting, legal, and medical malpractice;
  • Civil Rights, including police and prison guard misconduct;
  • Product Liability and Product Defect including medical devices, false claims of product labeling;
  • Breach of Contract in construction, energy, real estate, insurance, and high-tech sectors, including breach of license agreements pertaining to immunotherapeutic treatments.

Dr. Rountree’s criminal case experiences include:

  • RICO Allegations;
  • Hate Crimes;
  • Tax Fraud, including allegations of designing and marketing of fraudulent tax shelters;
  • Not Guilty by Reason of Insanity defenses to a number of criminal charges;

Dr. Rountree has written extensively on jury composition challenges, post-trial interview techniques, the discriminatory use of peremptory challenges, and voir dire questioning techniques in restricted time conditions.  Combining consulting experience and research, Dr. Rountree has developed specific voir dire questioning methods to assist attorneys in revealing jurors’ biases.  He is often called upon to conduct publicity analysis and venue studies in high-profile cases, and has testified as an expert in a change of venue hearing where the change of venue motion was granted.

Dr. Rountree has lectured at the University of California at Berkeley, San Francisco State University, Golden Gate University, and the International Institute for the Sociology of Law in Oñati, Spain.  He received his law degree from the University of Wisconsin-Madison, and his Ph.D. in Sociology from the University of California at Berkeley.

 


Matthew Yelovich is an Assistant United States Attorney in the San Francisco office of the United States Attorney’s Office for the Northern District of California.  He is currently a member of the appellate section, specializing in white collar criminal appeals.  Matt spent the previous five years as an AUSA in the White Collar Crime group of the United States Attorney’s Office for the Eastern District of California, where he regularly tried complex frauds and served most recently as Public Corruption Coordinator. Matt previously worked in the White Collar Crime practice group at Skadden, Arps, Slate, Meagher & Flom LLP in New York, and clerked for the Hon. Reena Raggi of the United States Court of Appeals for the Second Circuit.  He is a graduate of Columbia Law School, where he was a James Kent and Harlan Fiske Stone Scholar, and Duke University. 


Robyn Bacon is a partner in the Los Angeles office of Munger, Tolles & Olson.

A former federal prosecutor with significant experience in both the government and the private sector, Ms. Bacon is a trial attorney whose practice focuses on complex litigation, investigations, and cybersecurity.

Ms. Bacon joined the firm in 2019 from the U.S. Attorney’s Office in Los Angeles. During her eight years as a federal prosecutor, Ms. Bacon tried 11 federal criminal trials, argued multiple appeals before the Ninth Circuit and prosecuted criminal cases involving cybercrimes, financial frauds, criminal tax violations and money laundering, as well as drug trafficking, firearms and violent crimes.  Ms. Bacon was also a deputy chief in the General Crimes Section where, as head of Criminal Complaints, she oversaw the investigation and charging of hundreds of criminal cases.

Prior to her government experience, Ms. Bacon worked as an associate at Munger, Tolles & Olson. During that time, she defended clients in white collar criminal investigations involving the SEC and grand juries, led an internal piracy investigation at a major movie studio and advised a public utility in proceedings before the California Public Utilities Commission.