Susan is a trial consultant and founder of Fillichio & Hastings. For 32 years in the legal industry and 17 as a trial consultant, she has provided strategic insights to many of the country’s most accomplished trial lawyers, Fortune 500 companies and governmental entities. An expert at understanding the psychology of decision-making by juries, judges and arbitrators, she has assisted counsel in obtaining successful verdicts in federal and state venues across the country. Susan is known for her ability to identify the winning message, as well as her discretion and commitment to excellence. She is a frequent speaker and contributor to various national publications.
Susan provides strategic recommendations that are grounded in empirical jury, judicial and arbitration research studies. Known for her involvement in cases that reach the trial stage, Susan’s input is consistently validated in litigation. She has provided consulting services in hundreds of complex and notable jury trials across domestic and international industries. Representative subject matters include contract disputes; securities and ERISA matters; FINRA arbitrations; product liability litigation; patent cases; insurance coverage disputes; employment cases of all types; defamation cases; construction disputes; anti-trust cases; and many consumer and class action lawsuits. Susan regularly assists counsel in preparing witnesses to identify and implement effective communication styles. She is a trusted advisor and consultant to corporate representatives, CEOs, and expert witnesses, including engineers, economists, and physicians. She has consulted with many of the largest international companies navigating the United States litigation environment, including those based in Japan, Korea, Israel and the United Kingdom.
Prior to forming Fillichio & Hastings in 2020, Susan was a Senior Vice President with DecisionQuest. While in private practice for 16 years, Susan was most recently a partner with Morgan Lewis & Bockius LLP, Los Angeles, where she held a managing position in the Labor & Employment Practice Group. She also practiced with national law firms in Chicago and New York. Susan completed internships with the Senate Labor Subcommittee (under Chairman Don Nickles, OK), for Representative Arlan Stangland (MN), and with the American Bar Association in Chicago, where she digested decisions from the United States Supreme Court. She is proficient in French.
Education
- De Paul College of Law, J.D. Dean’s Scholar.
- Indiana University Bloomington, B.A., English, and Political Science.
Memberships
- Bar Admissions: Illinois, New York, District of Columbia, California.
- American Bar Association, Litigation, Bankruptcy, Employment and Intellectual Property Sections.
- Employment Law & Litigation Committee of the ABA Tort Trial and Insurance Practice Section – Member.
- LA County and Beverly Hills Bar Associations.
Select Publications
- “Jury Selection A Year After the Pandemic: Thinking Outside the Box,” prepared for DRI Talc Litigation Seminar, June 2021.
- “Work, Sex and the Morning News”, Sexual Harassment and Retaliation: A Practical
Handbook for Plaintiff and Defense, with Dr. Steve Son and Thi Quang, American Bar
Total Trial & Insurance Practice, 2019. - “Discovering Juror Attitudes that Reveal Bias,” Litigating the Workplace Harassment
Case, American Bar Association, with M. Biek and S. Miles, ed. Marlene Heyser, 2010.
Notable Speaking Engagements
“Ethics Related to Mediation & Negotiations,” Perrin Conference, January 2021.
“Jury Selection in Online Trials,” Harris Martin, September 2020.
"Women in Business: Finance and Law," Kelley School of Business, Indiana University, Bloomington, Indiana November 1, 2019.
“Opening Statements: How Important is the First Pitch?” Perrin National Asbestos Litigation Conference, September 2019.
“Trying a Wage and Hour Class Action: View from the Juror’s Eyes,” ABA Labor and Employment Section Annual Meeting, San Francisco, November 2018.
“How Juries Think and Behave: Empirical Research from Real Juries,” ABA Annual Meeting August 2017, New York, New York.
“Mock Trials and Bull: Are Jury Consultants Really Worth It?” DRI Insurance Bad Faith and Extra Contractual Liability Seminar, Boston, MA, June 2017.
“Titans of the Bar Demonstrate the Art of Voir Dire,” ABTL, Los Angeles, CA, March 2015.
“Working With Juror Perceptions,” Jury Selection Summit for Trial Lawyers, AELC Meeting, Palm Beach, FL, October 2014.
“I Thought I Had A Good Case: Developing Effective Trial Strategy,” Prepared for the Bermuda Market, April 2013.
“The Use of Technology During Openings and Summations,” ABA Litigation Section Roundtable, 2013.
“The Trial Time Machine: Where We Are Going Tomorrow and How to Plan for It – The Future of Preserving, Finding, and Presenting Construction Project Data at Trial,” ABA Forum on the Construction Industry, Irvine, CA, October 2013.
“Changing Landscape: Class Action Litigation after Wal-Mart and AT&T Mobility,” ABA Corporate Counsel Seminar, February 2012, Carlsbad, CA.
“Dissecting the Science: Eavesdropping on a Mock Jury,” National Asbestos Conference, Chicago, IL, October 2012.
“Technology in the Courtroom: A Look Behind the Curtain,” ABTL Annual Seminar, Kauai, Hawaii, September 2012.
“How the Press and Social Media Can Help You Win or Lose Your Case,” 44th Annual Pacific Labor & Employment Bar Conference, May 2011.
“If You Can’t Pick a Jury, You Can’t Win a Trial,” ABA Litigation Section Annual Conference, 2011.
“The Ethical Preparation of Witnesses,” ABA Corporate Counsel Seminar, February 2011.
“Watch Out: The Hidden Dangers in Employment Litigation,” Professional Liability Underwriting Society, 2010.
“Preparing A Claims Professional for Trial or Deposition,” ACE UK, 2010.
“Can You Handle the Truth? How Jury Consultants Can Assist You,” ABA Annual Meeting, 2010.
“Jury Consultants: Can they Help Make You Popular?” EEO’s National Conference on Equal Employment Opportunity Law, 2010.
“Three Perspectives from Asbestos Trials: Judges, Jurors and Lawyers,” National Asbestos Conference, 2009.
“How to Effectively Use Your Jury Consultant,” ABA Annual Meeting, 2008.
“Winning in Employment Litigation—Effective Strategies with Jurors,” Missouri Bar Association, 2008.
“Proving Hidden Bias in Employment Discrimination Cases,” National Conference on EEO Law, 2008.
“Masters of the Courtroom,” Trial Techniques Committee, ABA Tort Trial & Insurance Practice, 2008.
“Voting with the Stars,” ABA Commission on Women in the Profession, 2008.
“Jury Selection in Employment Cases: How to Spot the Harmful Jurors,” Academy of Florida Management Attorneys, 2007.
“Preparing Your Witness for Trial,” American Bar Association ~ Fidelity & Surety Law Committee of the Tort Trial and Insurance Practice Section, Midwinter Meeting, 2007.
“What Makes an Effective Witness?” Forensic Expert Witness Association.
“Voir Dire in Employment Litigation,” Orange County Bar Association.
“Bias, Ethnicity and Language: Handling the Culturally Diverse Witness,” LA County Bar Association.
“Effective Negotiations,” UCLA School of Business.
“Taking Charge of Your Career: What You Did Not Learn in Law School,” National Association of Women Lawyers, 2006.
“Top 10 Things I Have Learned Since Becoming a Trial Consultant,” Georgia State Bar Association, 2006.