How Analytics Can Inform Early Strategy In Patent Cases

Law360, New York (January 20, 2016, 10:32 AM EST) -- Data-centric lawyering may represent the biggest change in law since research moved from books to computers. Today, technology-savvy lawyers are routinely mining publicly available litigation data to make predictions about how parties to litigation, judges and opposing counsel are likely to behave. These lawyers have adopted a new approach to legal strategy called legal analytics, which involves the use of data to make quantitative legal predictions that inform decisions made in both the business of law (law department operations) and the practice of law (litigation and transactions). I like to call this shift to a data-driven approach "Moneyball for lawyers," a reference to Michael Lewis' popular book on baseball. In my view, machine-driven analysis of litigation data is changing law just as dramatically as rigorous statistical analysis changed the way baseball teams evaluate talent....

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