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Legal Analytics Are The Successful Insurance Litigator’s Secret Weapon
May 25, 2019
Lex Machina's white paper provides valuable insights into legal cases and trends to help provide better legal advice, develop better litigation strategies, and win more cases. Insurance litigators: Whether you represent policyholders or insurers, whether you’re with a Biglaw firm or a solo practitioner, the Lex Machina white paper Legal Analytics — The Secret Weapon of Successful Insurance Litigators is a must-read, data-driven analysis of the practice landscape. By...
May 25, 2019
Lex Machina's white paper provides valuable insights into legal cases and trends to help provide better legal advice, develop better litigation strategies, and win more cases. Insurance litigators: Whether you represent policyholders or insurers, whether you’re with a Biglaw firm or a solo practitioner, the Lex Machina white paper Legal Analytics — The Secret Weapon of Successful Insurance Litigators is a must-read, data-driven analysis of the practice landscape. By...
The Impact of Artificial Intelligence on Rules, Standards, and Judicial Discretion
May 24, 2019
Artificial intelligence (AI), and machine learning in particular, promises lawmakers greater specificity and fewer errors. Algorithmic lawmaking and judging will leverage models built from large stores of data that permit the creation and application of finely tuned rules. AI is therefore regarded as something that will bring about a movement from standards to rules. Drawing on contemporary data science, this Article shows that machine learning is less impressive when the past is unlike the future,...
May 24, 2019
Artificial intelligence (AI), and machine learning in particular, promises lawmakers greater specificity and fewer errors. Algorithmic lawmaking and judging will leverage models built from large stores of data that permit the creation and application of finely tuned rules. AI is therefore regarded as something that will bring about a movement from standards to rules. Drawing on contemporary data science, this Article shows that machine learning is less impressive when the past is unlike the future,...
Bexar County District Court Verdict Reports
May 22, 2019
The Bexar County District Courts and Chief Trial Assignments Counsel are reporting recent jury verdicts. The first of these monthly reports can be downloaded from the Chief Assignment Counsel's website: https://www.bexar.org/1813/Chief-Trial-Assignment-Clerk Credit to the Bexar County District Judges, including Judge Karen Pozza, and Chief Trial Assignments Counsel, Ms. Lisa Dossmann, and her colleagues for compiling and reporting this information so others can make data-informed decisions.
May 22, 2019
The Bexar County District Courts and Chief Trial Assignments Counsel are reporting recent jury verdicts. The first of these monthly reports can be downloaded from the Chief Assignment Counsel's website: https://www.bexar.org/1813/Chief-Trial-Assignment-Clerk Credit to the Bexar County District Judges, including Judge Karen Pozza, and Chief Trial Assignments Counsel, Ms. Lisa Dossmann, and her colleagues for compiling and reporting this information so others can make data-informed decisions.
New Site Is Comprehensive Resource for Federal and State Jury Instructions
May 19, 2019
A new website, Trialdex, is a comprehensive resource for finding and comparing federal and state jury instructions. Formally launched yesterday, the site provides a searchable collection all official or quasi-official federal civil and criminal instructions and annotations, as well as an index of 20,000 legal terms, statutes, CFRs and Supreme Court cases referenced in jury instructions.
May 19, 2019
A new website, Trialdex, is a comprehensive resource for finding and comparing federal and state jury instructions. Formally launched yesterday, the site provides a searchable collection all official or quasi-official federal civil and criminal instructions and annotations, as well as an index of 20,000 legal terms, statutes, CFRs and Supreme Court cases referenced in jury instructions.
Error Costs, Ratio Tests, and Patent Antitrust Law
May 17, 2019
This paper examines the welfare tradeoff between patent and antitrust law. Since patent and antitrust law have contradictory goals, the question that naturally arises is how one should choose between the two in instances where there is a conflict. One sensible approach to choosing between two legal standards, or between proof standards with respect to evidence, is to consider the relative costs of errors. The approach in this paper is to consider the ratio of false positives to false negatives in patent...
May 17, 2019
This paper examines the welfare tradeoff between patent and antitrust law. Since patent and antitrust law have contradictory goals, the question that naturally arises is how one should choose between the two in instances where there is a conflict. One sensible approach to choosing between two legal standards, or between proof standards with respect to evidence, is to consider the relative costs of errors. The approach in this paper is to consider the ratio of false positives to false negatives in patent...
Good News For Lawyers As Employment, Income Increase Again
May 12, 2019
Stephen F. Diamond (Santa Clara), Good News for Lawyers as Employment Increases Again; Silicon Valley Lawyers Get a Hefty Pay Raise: Continuing a decades old trend, employment of lawyers increased yet again from May, 2017 to May, 2018, in the latest data released today, March 29, 2019, by the Bureau of Labor Statistics of the U.S. Department of Labor. (The data excludes partners, who are not defined as “employees,” and may also exclude some solo practitioners.) Nationally,...
May 12, 2019
Stephen F. Diamond (Santa Clara), Good News for Lawyers as Employment Increases Again; Silicon Valley Lawyers Get a Hefty Pay Raise: Continuing a decades old trend, employment of lawyers increased yet again from May, 2017 to May, 2018, in the latest data released today, March 29, 2019, by the Bureau of Labor Statistics of the U.S. Department of Labor. (The data excludes partners, who are not defined as “employees,” and may also exclude some solo practitioners.) Nationally,...
Tech-Savvy Firms More Profitable Now, More Prepared for the Future, Finds Survey of U.S. and EU Legal Professionals
May 11, 2019
A survey of 700 lawyers in U.S. and European law firms, legal departments and business-services firms finds that organizations that already leverage technology are better prepared to keep pace with an evolving legal market than those that are just beginning to use technology or that are not doing so at all. In addition, firms that were early adopters of technology were significantly more likely to report higher profitability in the last year than were firms that lagged in technology adoption. These...
May 11, 2019
A survey of 700 lawyers in U.S. and European law firms, legal departments and business-services firms finds that organizations that already leverage technology are better prepared to keep pace with an evolving legal market than those that are just beginning to use technology or that are not doing so at all. In addition, firms that were early adopters of technology were significantly more likely to report higher profitability in the last year than were firms that lagged in technology adoption. These...
How to ‘Own the Anchor’ in Settlements
May 10, 2019
Anchoring occurs in third-party settlement negotiations when one side throws out a number in an effort to influence—or “anchor”—the way the opposing party values a claim. Our experience shows that anchoring directly affects the settlement value of injury claims, so it’s critically important for insurance adjusters to “own the anchor” in negotiations.
May 10, 2019
Anchoring occurs in third-party settlement negotiations when one side throws out a number in an effort to influence—or “anchor”—the way the opposing party values a claim. Our experience shows that anchoring directly affects the settlement value of injury claims, so it’s critically important for insurance adjusters to “own the anchor” in negotiations.
How Probable is “Plausible”?
May 8, 2019
The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that...
May 8, 2019
The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that...
Affect in the Aftermath: How Goal Pursuit Influences Implicit Evaluations
May 5, 2019
Previous research has shown that the activation of a goal leads to more implicit positivity toward goal-relevant stimuli. We examined how the actual pursuit of a goal influences subsequent implicit positivity toward such stimuli. Participants were consciously or non-consciously primed with a goal, or not, and then completed a goal-relevant task on which they succeeded or failed. We then measured their goal-relevant implicit attitudes. Those who were primed with the goal (consciously or non-consciously)...
May 5, 2019
Previous research has shown that the activation of a goal leads to more implicit positivity toward goal-relevant stimuli. We examined how the actual pursuit of a goal influences subsequent implicit positivity toward such stimuli. Participants were consciously or non-consciously primed with a goal, or not, and then completed a goal-relevant task on which they succeeded or failed. We then measured their goal-relevant implicit attitudes. Those who were primed with the goal (consciously or non-consciously)...
