The art and science of forecasting litigation outcomes just got a lot more sciencey. Years of immersion in complex business disputes is bound to shine a light on problems begging for solutions. In this case, our guest observed the laborious and ineffective slog that is trying to forecast how long a case will take, how much it might cost, which jurisdiction will treat it with kindness, or how a judge might rule on a motion for summary judgment. These are some of the critical questions our guest set out to address through the use of technology and assessment of massive data sets. He is Dan Rab ..read more

Our Legal Tech Host Sara Lord speaks with data scientist and eDiscovery expert Lenora Gray of Redgrave Data.  Discovery is a staple in any litigation practice, and it has been transformed by technology assisted review tools – or TAR. eDiscovery has developed into its own specialty – with eDiscovery experts on staff who know all there is to know about the technology, standards, processes, and practices. But every litigator needs to understand how eDiscovery tools work. They should be able to answer questions around the approach being used, why that approach was chosen, reliability of the ..read more

Tom Hagy interviews jury and trial expert Tara Trask about picking juries in an age of misinformation, general distrust, tribalism, unleashed social media warriors, flamers, and propagandists, and unorthodox legal strategies that seem to unfold on a daily basis. All of these conditions began to accelerate in the lead-up to the 2016 presidential election in which Donald Trump prevailed over Hillary Clinton, continued to heat up in Trump's race against then-candidate Joe Biden, culminated in the Jan. 6 attack on the Capital, and continues to blot out the sun amid civil and criminal actions again ..read more

Surveys abound on artificial intelligence and the law – many of them by companies bringing the technology into their products for attorneys.  One survey says three quarters of lawyers expect AI to be integrated into their legal practices in the near term. Half say they expect it will boost productivity, half feel it will be transformative, while  nine out of ten attorneys expressed concerns about artificial intelligence applications and attendant ethical issues.   In an article she wrote for Above the Law, you’re going to hear even more about generative artificial intelligence ..read more

Laundering money generated in the drug trade. The United Nations Office on Drugs and Crime estimates that between $800 billion to $2 trillion is laundered annually. Laundering money intended to support terrorism. The International Monetary Fund is concerned about terrorism financing, and proliferation financing, providing funds for nuclear, chemical, or biological weapons. Money that is embezzled or other schemes also must be laundered, that is, if you're a criminal or criminal enterprise.  As of Jan. 1, 2024, domestic and foreign entities registered to do business in the United States mu ..read more

Litigators who do other things besides litigate -- you know them.  Some perform comedy, act on stage or in film, or they are gifted musicians. Some are even drummers. (Drummer joke, if that’s not too edgy.)  One highly acclaimed San Francisco class action litigator is talented on the kit and owns her own drum company. Another Los Angeles-based litigator started his own record label. Another San Francisco litigator left the profession, moved to South Africa, and led people on safari. Others write books, or develop technology solutions to common problems. Still others launch businesse ..read more

Today we talk about liability forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts. These mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries.  Mass tort litigation is a complicated beast as is the administration of these trusts.  Exposures, injuries, and the discovery of injuries can occur over decades. In the meantime, companies come and go. They are are bought and sold. They declare bankruptcy.  People are exposed to new elements or conditions in t ..read more

In this episode we talk about artificial intelligence in the world of invention. My guest recently co-wrote an article for the Journal of Robotics, Artificial Intelligence & Law about a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings -- not machines -- can be named as inventors under U.S. patent law. The decision applies a straightforward interpretation of patent statutes, our guest says. Beyond invention, what about that initial spark of innovation? What about the decision might make it difficult to obtain inte ..read more

Annual U.S. litigation cost estimates vary wildly.  Some say $250 billion, others say $430 billion. When you consider indirect costs, such as lost productivity or economic damages, some put the costs as high as  $1.5 trillion. According to Statista, more than $5 billion is spent on employment litigation alone, and another $4.5 billion on commercial litigation. Litigation surrounding intellectual property, product liability, and real estate disputes, cost more than $3 billion each.   Time is also a factor. As any litigator knows, resolution of a lawsuit can take three to five y ..read more

This isn’t going to be another theoretical sermon on the business of law, but how two partners  – with the help of a business expert – re-envisioned their practice, throwing out traditional models and transforming their firm into something unique. First, we’re going to talk about looking strategically at your law firm as you would any business. The goal here, being tweaking or adjusting your practice in a way that has the most impact on your bottom line.  Second, we’re going to talk about one litigation firm’s journey through that process, where they basically took their practice a ..read more