Case Studies

United States v. FedEx Corporation

By: G. Christopher Ritter & Jeremy Young

Venue: NDCA;
Court Name: United States District Court Northern District of California;
Services Provided: Persuasion Strategy, Jury Consulting, Trial Graphics

Despite FedEx’s long history of cooperating with and assisting law enforcement’s investigation of online pharmacies, the federal government criminally charged the company with intentionally shipping illegally prescribed online prescription drugs.

Our Role

Despite facing an 18-count indictment and up to $1.6 billion in fines, FedEx knew it was not guilty, declined to enter a non-prosecution agreement, and assembled a legal team, including IMS Consulting & Expert Services, to prove the overnight delivery company had done nothing illegal. Over a two year period, IMS assisted with trial strategy, jury consulting, and trial graphic services. This included hosting brainstorming and strategy sessions, developing and executing multiple jury research projects, and assisting with juror analysis. IMS also worked closely with lead attorney Cris Arguedas to develop her opening statement.

Results

In what The Wall Street Journal described as “FedEx’s vindication…fighting the governments unjust prosecution”, shortly after opening statement, the DOJ abruptly dismissed its case against FedEx. U.S. District Court Judge Charles R. Breyer determined, FedEx “was factually innocent.” The Judge also praised the defense team members for their “professionalism” and “exceptional competence” in focusing the Court on the issues that were really germane.

“The people at IMS Consulting & Expert Services think visually, which many lawyers can’t do. Yet, they also understand the legal concepts as well as the most experienced trial lawyers do.”
Cristina Arguedas

“Thanks to everyone! And good thing that we have [IMS Consulting & Expert Services] on our side. Our secret weapon.”
Managing Director and Lead Trial Counsel, FedEx
Peter Blumberg

“I wanted to pass on, on behalf of everyone on the Skadden trial team, how much we appreciated your help, your hard work, and just getting the chance to hang out with you guys. Without a doubt everyone at your shop is a cut above the rest and we can’t wait until our next case together.”
Partner, Skadden

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