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Making Your Closing Argument — Where Exactly is the Beef?

August 31, 2023 Tom Melsheimer & Sherry Salmons

Closing arguments are one of the most anticipated parts of any jury trial. They are the last opportunity for both sides to “make their case” before the jury begins its deliberations. Consequently, it’s important for the advocate to choose his or her words carefully for maximum impact. 

In a recent IP trial we worked on together, the last 60 seconds or so of the closing argument for the defendant (our client) repeated a theme that had been initiated in jury selection a week earlier. This theme drew from the iconic 1984 ad campaign for Wendy’s. Oh, we bet you remember it. The three elderly women staring at an enormous hamburger bun containing a tiny sliver of meat, while one of them repeats, over and over, “Where’s the beef?”

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