In this antitrust and breach of contract matter, Aventis (formerly AgrEvo) alleged that Scotts Miracle-Gro had conspired with Monsanto (makers of consumer weed control products such as RoundUp and Ortho) to stomp out the competition in the consumer non-selective herbicide market.

The Focal Point’s Role

The Focal Point was brought in shortly before trial to work with lawyers from both Scotts and Quinn Emanuel. We quickly focused on how to educate the jury about the practices of big business and acquisitions as well as detailing, in a step-by-step process, the terms of the contractual agreement between the Plaintiff and the Defendant. The Focal Point also developed a tutorial that was used by the expert witness to teach the characteristics of different herbicides and weed types to the jury. We created an interactive Flash animation that dynamically demonstrated how RoundUp was more effective than brands of herbicide containing different active chemicals. The Focal Point worked remotely with attorneys in New York, Los Angeles, and Ohio to put together the trial presentations and then joined the entire group at the trial site in Manhattan to refine graphics for opening and closing. With The Focal Point’s help, the Scotts trial team was able to effectively relay their message to the jury and walk away victorious.


A New York City jury found in favor of Scotts Miracle-Gro, saving the well-known, family-owned company from a potential $200 million in damages.


US District Court for the Eastern District of New York

The Focal Points Client

Quinn EmanuelDominic Surprenant
Diane Doolittle
Robert Juman