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             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.

 

 

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Photo of Martin W. Aron Martin W. Aron

Martin W. Aron is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. where he has served as the litigation manager. For more than 35 years, he has represented employers in all facets of labor and employment matters.

Marty…

Martin W. Aron is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. where he has served as the litigation manager. For more than 35 years, he has represented employers in all facets of labor and employment matters.

Marty has significant jury trial, bench trial and arbitration experience and is one of approximately two percent of the attorneys in the state who are certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney. He regularly litigates in state and federal courts, administrative agencies and arbitration forums for both unionized and non­union employers. He has been named by his peers as one of the top 100 New Jersey Super Lawyers.

Through his extensive experience, Marty has also become a trusted advisor to management on complex, multi-state compliance issues and internal investigations. He is known as a business-oriented attorney who seeks practical and cost-efficient solutions for Fortune 100 companies with national and international operations as well as emerging companies.

He advises employers in a wide range of industries, including healthcare, insurance, pharmaceuticals, life sciences, hospitality, travel and nonprofit institutions.