3 RD QUARTERLY EVENT – HOUSTON CHAPTER Wednesday, July 23, 2008 The Four Seasons Hotel

1. 3RD QUARTERLY EVENT – HOUSTON CHAPTER Wednesday, July 23, 2008 The Four Seasons Hotel James Teater, Jones DayElizabeth Foley, Zagnoli McEvoy FoleyHoward Varinsky, Varinsky Associates

2. What Potential Jurors Really Think

3. How Jurors Rate Professions and Industries Politicians Plaintiff Lawyers Defense Lawyers Pharmaceutical Companies Federal Government Tobacco Companies Medical Doctors FDA Oil and Gas Industry Insurance Companies 1 2 3 4 5 Negative Neutral Positive

4. Ethics versus Legality In evaluating a company’s conduct, which do you think should be given greater weight? Source: Persuasion Strategies, a service of Holland & Hart

5. Venue Matters Percent of individuals who expressed negative feelings about the oil and gas industry

6. Venue Matters Pharmaceutical companies only care about profits and safety comes second. Percent agree

7. Venue Matters The senior leadership of major companies adhere to ethical business practices. Percent agree

8. Venue Matters When you are prescribed a medication, who do you rely on the most to tell you about the medication’s side effects or potential risks? Pharmacist Doctor Drug Manufacturer PersonalResearch

9. Venue Matters Unnecessary lawsuits are costing taxpayers a lot of money. Percent agree

10. Tort Reform Percentage of juries who discussed attorneys’ fees. Source: Law and Human Behavior. Mott, Hans & Simpson (2000).

11. Gender Matters How often do you take over-the-counter medicines (that you can buy without a doctor’s prescription)?

12. Gender Matters Company executives will lie to increase profits. Percent agree

13. Gender Matters Percent of individuals who expressed negative feelings about plaintiff lawyers.

14. Familiarity with X Corporation

15. Perceptions of X Corporation July 2006 through February 2007 N = 218 2002 through June 2006 N = 552 March 2007 through March 2008 N = 178 2%Negative 2%Negative 10%Positive 15%Negative 33%Positive 42%Positive 56%Neutral 65%Neutral 75%Neutral N = 552 N = 218 N = 178

16. Beating the Odds Plaintiff v. Gun ManufacturersBrooklyn, NY Lutz v. NovartisLos Angeles, CA Joe Clark v. Trus Joist MacmillanNatchitoches, LA Jury Research Jury Selection Witness Preparation Bryant v. US SilicaTyler, TX Plaintiff v. AIGNew Orleans, LA

18. Developing Cause Challenges

19. Developing Cause Challenges

20. 1. Due to political or philosophical reasons, would you hesitate or refuse to own stock • in an oil company? • Yes No • If yes, please explain: 2. Do you agree that oil companies are more concerned with profits than with the health of the economy? • Yes No • If yes, please explain: 3. Do you agree with the statement, “I distrust and dislike large oil companies more than other large corporations.” • Yes No • If yes, please explain:

21. 4. Do you agree with the statement, “In a big oil case, no matter what the evidence, I would have a strong political or philosophical tendency to vote against the oil company.” • Yes No • If yes, please explain: • 5. How would you describe your feelings and philosophies towards large oil companies? • Positive • Neutral • Negative • Don’t know/No opinion • If negative, please explain: • 6. Do you agree with the statement, “I generally don’t trust large corporations.” • Yes No • If yes, please explain:

22. 7. Do you agree with the statement, “I generally don’t trust large pharmaceutical companies.” • Yes No • If yes, please explain: • 8. Do you believe large pharmaceutical companies minimize or conceal dangerous defects or side effects in new drugs in order to maximize profits? • Yes No • If yes, please explain: • 9. Would you have difficulty being fair to a large pharmaceutical company being sued by the family of a man claiming his heart attack was caused by one of its medications? • Yes No • If yes, please explain:

23. 10. Do you believe chemical companies are good corporate citizens with respect to protecting the environment? • Yes No • If yes, please explain: • 11. Do you believe that chemical companies are more concerned with profit than with protecting the environment from toxic chemicals that are present at their factories? • Yes No • If yes, please explain: • 12. Do you trust the safety of the water that comes out of your faucet? • Yes No • If no, please explain:

24. 13. Do you agree or disagree with the statement, “I consider myself an environmentalist.” • Strongly agree • Somewhat agree • Somewhat disagree • Strongly disagree • 14. Do you: (check all that apply) • Recycle • Use bottled or filtered water for home consumption • Compost • Drive a hybrid car • Drive an electric car • Own a car but ride your bike to work • Have solar panels on your home for purposes other than heating a swimming pool and/or jacuzzi spa • Frequent an environmentally safe dry cleaner • Buy recycled products • 15. Do you belong to, donate money to or support any organizations dealing with protection of the environment, e.g., Sierra Club, Friends of the Earth, Greenpeace, Nature Conservancy, etc? • Yes No

25. 16. Are your feelings about chemical companies or toxic contamination so strong that you could never be fair, no matter what, in a case where a chemical company is suing an insurance company to get reimbursed for cleanup of contaminated sites? • Yes No • If yes, please explain: • 17. Before you heard any evidence in an employment case, would you side with the employer or the employee? • Employer Employee • 18. Do you feel that large corporations are arrogant in their dealings with smaller businesses? • Yes No Don’t Know • If yes, please explain:

26. 19. Do you agree with the statement, “Most large corporations are honest only because they are afraid of getting caught.” • Yes No • If yes, please explain: • 20. Is there anything that has come up in this questionnaire that creates a doubt in your mind as to whether you could be a fair, objective and impartial juror in this particular case? • Yes No • If yes, please explain: