stock-photo-abstract-data-bits-stream-background-digital-cyber-pattern-228162115[1]

             The legal industry has turned to data analytics to keep litigation costs down. Companies can analyze litigation data on courts, judges, opposing counsel, and substantive evidentiary materials that affect liability. They are then better positioned to spot trends, predict exposure, and make strategic litigation decisions with greater efficiency.

            In the Digital Age, a company’s data footprint can provide a treasure trove of information. Employees, contractors, and vendors create data. Even more data is created in a gig economy that includes part-time, remote workers, and independent contractors. The task of mining the data will only become more challenging. Companies need to understand not only data preservation, confidentiality, and privacy, but also the effect of data that will become evidence at trial.

            This territory was pioneered by companies such as Lex Machina, https://lexmachina.com/, which focused primarily on intellectual property cases. After the company was acquired by LexisNexis in 2016, it expanded its reach to include securities and antitrust cases, with plans for employment applications. Legal analytic applications for the existing areas provide early case assessments, the prospects of success on motions, and similar analyses. Bloomberg Law has also introduced Litigation Analytics to provide insights on federal judges and law firms in the federal courts. Significantly, the ability to mine litigation dockets, e-discovery databases, and other documents through analytics can provide quick and efficient information regarding outcomes.

              With the formation of its Data Analytics Resource Group, https://www.jacksonlewis.com/practice/data-analytics, Jackson Lewis is well-positioned to provide clients with an array of analytics services. Eric Felsberg, a Principal in the firm’s Melville, Long Island office, and the National Director of the Group, leads a multidisciplinary team of lawyers, data scientists, and statisticians that offers clients many services, including compliance assessments, litigation support, and talent analytics. These services provide clients with enhanced efficiency and exposure prediction. For example, in wage and hour cases, the firm regularly provides liability assessments by mining and analyzing digital footprint data, such as GPS logs, CPU usage, and door card swipe information. Leveraging the power of detailed data analysis in a privileged and confidential process allows companies to drill down on the evidentiary issues and proofs that matter at trial.

           Such processes are regularly used to determine exposure in class actions and single plaintiff cases, providing invaluable and actionable information.

 

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Martin W. Aron Martin W. Aron

Martin W. Aron is a Principal and Litigation Manager of the Morristown, New Jersey, office of Jackson Lewis P.C. For over 30 years, he has represented employers in all facets of labor and employment matters.

Mr. Aron has represented employers in cases involving…

Martin W. Aron is a Principal and Litigation Manager of the Morristown, New Jersey, office of Jackson Lewis P.C. For over 30 years, he has represented employers in all facets of labor and employment matters.

Mr. Aron has represented employers in cases involving claims of discrimination on the basis of age, sex, sexual harassment, race, national origin, religion, sexual orientation and disability. He is also experienced in handling claims that arise under various state and federal statutes involving diverse issues such as family medical leave, whistleblowing, wage and hour regulation, unlawful competition, violation of restrictive covenants and theft of trade secrets.

Prior to joining Jackson Lewis, Mr. Aron was Co-Chair of the Labor & Employment Group for an Am Law 100 law firm.

Mr. Aron regularly litigates in state and federal courts, administrative agencies and arbitration forums for both unionized and non-union employers. He is recognized by his peers as an experienced trial attorney, having achieved the designation of Certified Civil Trial Lawyer from the New Jersey Supreme Court. Mr. Aron is a frequent lecturer on labor and employment issues. He is also certified as a Senior Professional of Human Resources (SPHR).

Mr. Aron advises both Fortune 100 companies with national and international operations as well as colleges, universities and emerging companies. He advises employers in a wide range of industries, including telecommunications, insurance, pharmaceuticals, retail, manufacturing, as well as nonprofit institutions.