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Part 4 of the Persuasion Occasion podcast series with Perkins Coie (see parts 1, 2, 3, and the full podcast on Spotify) Trial consultants love stories. Unfortunately, facts occasionally insist on participating. One of my favorite persuasion lessons comes from an antitrust matter involving the proposed merger of two of the largest airlines at the time. The case never produced quite the courtroom drama we imagined. The matter settled a couple of weeks before trial, and like many high-stakes cases, the final resolution came before every argument could be fully tested in court. Yet one demonstrative from that matter taught me more about persuasion than many cases that actually went to verdict. The exhibit was almost embarrassingly simple. It wasn't a 3D animation. It wasn't a sophisticated economic model. It wasn't a dazzling piece of trial graphics. It was a slowly scrolling list of airline bankruptcies. Just a list. One name after another. Many of them familiar. Eastern. Pan Am. TWA. Braniff. People of a certain age recognize these names immediately. They were once household brands. Today, they're gone. And as the list continues to scroll, something interesting happens. You start to see the airline industry differently. Here's my explanation below:

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Over a decade ago, I wrote an article for this blog titled, Could Surprise Be One of Your Best Visual Persuasion Tools? In it, I made the case that well-executed surprise — not ambush, but carefully designed moments of cognitive disruption — can be one of the most powerful tools a litigator brings into the courtroom.

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At Persuadius, we specialize in transforming complexity into clarity—especially using litigation graphics. Whether it’s a demonstrative exhibit that makes a technical expert accessible or a timeline that crystallizes causation, the right visual can make all the difference.

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During his lifetime, I often reached out to Steve Jobs, the ex-CEO and co-founder of Apple, seeking business insights. While he never replied, I always sensed a shared perspective. I am confident that his guidance would have always emphasized the importance of prioritizing quality to attract the ideal clientele. This principle held true during the inception of Animators at Law, which later evolved into A2L Consulting and now continues as Persuadius. My deep-rooted admiration for Apple dates back to before the groundbreaking launch of the Mac in 1984. Through thick and thin, my unwavering love for Macs and the company has been a constant. I attribute a significant portion of my success to the Mac, as its accessibility to graphics empowered me to delve into courtroom animation while in law school in the early 1990s. This initial spark later blossomed into establishing a trial graphics firm, which then transitioned into a jury consulting enterprise, a trial technology firm and ultimately a litigation consulting powerhouse.

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Explore the significance of compelling trial graphics in antitrust litigation and how they can contribute to successful litigation. Understanding the Power of Visual Persuasion Visual persuasion is a powerful tool in antitrust litigation. It involves the use of trial graphics to present complex information in a visually appealing and easily understandable manner. Research has shown that humans are highly visual beings, and we process visual information much faster than text. By leveraging this innate visual processing capability, effective graphics can significantly enhance the persuasiveness of legal arguments in typically complex antitrust cases.

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by Tony Klapper (former) Managing Director, Litigation Consulting A2L Consulting At first glance, antitrust cases seem like unlikely venues for the successful use of litigation graphics. Antitrust law has the reputation for being arcane, abstract and statistical, and to some extent the reputation is justified. After all, this area of law deals with the workings of supply and demand and other economic questions, and the issue is often whether competition (or potential competition) in a market has been suppressed in some way. These matters aren’t remotely within the daily experience of jurors. How can a litigator use graphics in antitrust cases to make them make sense? It can be done. Earlier this year, a well-written article in Law360 (paywall) noted that “explaining the details of an antitrust case to a jury can be a daunting task, but lawyers who build a compelling narrative and communicate with a straightforward style stand a good chance of bringing the jury around to their client’s point of view, experts say.” The article suggested that “many jurors are visual learners, so economic evidence is most likely to stick when the spoken testimony is supplemented with visual aids.” We agree.

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by Ken Lopez Founder/CEO A2L Consulting Not every page, blog article, webinar or e-book on A2L Consulting's site is right for everyone. As the saying goes, what is everyone's favorite radio station? WII – FM, of course. Otherwise known as "what's in it for me?" With hundreds of articles, dozens of e-books and hundreds of other pages, A2L's website has over 2,500 pages of valuable content. Sometimes, finding materials that are specific to your litigation practice area or need can be a challenge with all the available options. You can search A2L's site or even browse by topic area using a topic list in the sidebar of every blog post. In spite of this, I still hear from a lot of people who wonder whether we have experience working in their specific practice area or where they can find useful information related to their practice. I wrote this article to highlight some very useful information organized by practice area below. I've broken down the practice areas into 14 topics that cover most of the work we do. The alphabetical list with links under each topic should prove helpful when looking for the information most relevant to you.

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by Ken Lopez Founder & CEO A2L Consulting

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by Ken Lopez Founder & CEO A2L Consulting The antitrust laws have been around for more than 100 years, and they have never been more relevant than they are today. Whether it’s a question of the interplay between patents and antitrust, a hospital merger, a high-tech acquisition, or an alleged conspiracy to fix prices, companies need to know how to defend themselves in antitrust cases. Often, they also need to know how to pursue such cases as a plaintiff as well.

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Ryan H. Flax (Former) Managing Director, Litigation Consulting A2L Consulting

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