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Predictive Analytics
Heterogeneity Among Patent Plaintiffs: An Empirical Analysis of Patent Case Progression, Settlement, and Adjudication
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
February 28, 2018
This article empirically studies current claims that patent trolls, also known as patent assertion entities (PAEs) or non-practicing entities (NPEs), behave badly in litigation by bringing frivolous patent infringement suits and seeking nuisance fee settlements. The study explores these claims by examining the relationship between the type of patentee-plaintiffs and litigation outcomes (e.g., settlement, grant of summary judgment, trial, and procedural dispositions), while taking into account, among...
Screening Plaintiffs and Selecting Defendants in Medical Malpractice Litigation: Evidence from Illinois and Indiana
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
February 27, 2018
Many physicians and tort reform advocates believe that most medical malpractice (med mal) claims are “frivolous.” As evidence, they often rely on reports that only about 20 percent of claims result in a payout. Many physicians and reform advocates also believe that plaintiffs lawyers often sue every health provider with even a remote a connection to the patient. Plaintiffs’ lawyers, however, insist that they screen med mal cases carefully, and when they bring a claim, are selective in whom...
Interview with Josh Becker, CEO of Lex Machina
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
February 25, 2018
At Legalweek in New York, I caught up with Josh Becker, CEO of legal analytics company Lex Machina. Had no idea until we finished...
Here Come the Quantum Computers
February 24, 2018
If you thought super-computers like Watson were revolutionizing the workplace (and law practice in particular), you ain't seen nothing yet. Read this short piece from today's New York Times on "quantum computers" and their predicted impact on both education and the workplace. There's also a video below that explains quantum computing for the uninitiated. But first, here's a salient quote from the NYT article: [IBM’s C.E.O. Ginni Rometty says]: “Every job will require some...
February 24, 2018
If you thought super-computers like Watson were revolutionizing the workplace (and law practice in particular), you ain't seen nothing yet. Read this short piece from today's New York Times on "quantum computers" and their predicted impact on both education and the workplace. There's also a video below that explains quantum computing for the uninitiated. But first, here's a salient quote from the NYT article: [IBM’s C.E.O. Ginni Rometty says]: “Every job will require some...
Smart Contracts
February 23, 2018
Gabriel Jaccard (University of Geneva, Faculty of Law, Department of Private International Law) has posted Smart Contracts and the Role of Law on SSRN. Here is the abstract: This paper gives an overview on smart contracts and assess their legal relevance. The first part, explains the notion of smart contract and provides simple examples of it. In the second part, we propose a legal analysis of smart contract. First, we explore how smart contracts can be relevant in the eyes of the law. Then...
February 23, 2018
Gabriel Jaccard (University of Geneva, Faculty of Law, Department of Private International Law) has posted Smart Contracts and the Role of Law on SSRN. Here is the abstract: This paper gives an overview on smart contracts and assess their legal relevance. The first part, explains the notion of smart contract and provides simple examples of it. In the second part, we propose a legal analysis of smart contract. First, we explore how smart contracts can be relevant in the eyes of the law. Then...
Top 10 Claims Trends That Will Affect 2018
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
February 22, 2018
2017 will be remembered as the landmark year for digital transformation of claims processing within the property/casualty insurance industry. After all, it was the year we saw the use of drones for home roof inspections, auto appraisals via photos, customer video chat and bots used in claims processing. While many of these solutions have been topics of discussion in the industry for quite some time, insurers began to implement them in earnest through new technology during 2017. Here’s a deeper...
Robot Lawyers in 2018? Fantasy, Reality and the Bright Future of Legal Technology
February 22, 2018
Amid these 'smart' toolsets, lawyers will not disappear, but they will do better work in the months and years to come, and they will do it faster and more efficiently. In spite of what you may have heard, robots will not be infiltrating the legal profession any time soon. Artificial intelligence (AI) and related technologies like machine learning and natural language processing have attracted rapturous attention over the last year and indeed hold tremendous promise. In fact, many organizations that...
February 22, 2018
Amid these 'smart' toolsets, lawyers will not disappear, but they will do better work in the months and years to come, and they will do it faster and more efficiently. In spite of what you may have heard, robots will not be infiltrating the legal profession any time soon. Artificial intelligence (AI) and related technologies like machine learning and natural language processing have attracted rapturous attention over the last year and indeed hold tremendous promise. In fact, many organizations that...
Behavioral Law & Economics
February 19, 2018
Christoph Engel (Max Planck Institute for Research on Collective Goods) has posted The Proper Scope of Behavioral Law and Economics on SSRN. Here is the abstract: Behavioral law and economics applies the conceptual tools of behavioral economics to the analysis of legal problems and legal intervention. These models, and the experiments to test them, assume an institution free state of nature. In modern societies, the law’s subjects never see this state of nature. However, a rich arrangement...
February 19, 2018
Christoph Engel (Max Planck Institute for Research on Collective Goods) has posted The Proper Scope of Behavioral Law and Economics on SSRN. Here is the abstract: Behavioral law and economics applies the conceptual tools of behavioral economics to the analysis of legal problems and legal intervention. These models, and the experiments to test them, assume an institution free state of nature. In modern societies, the law’s subjects never see this state of nature. However, a rich arrangement...
AI Goes To Law School—In China
February 18, 2018
Legal educators helping future attorneys prepare for 21st century careers are certainly concerned with the influence of technology on the practice of law. But increasingly, legal technology education and research often comes from the United States and isn’t likely to help international law students keep pace. Peking University Law School is looking to change that. The elite Chinese law school will partner with cloud-based analytics platform Gridsum to introduce a new research center focused...
February 18, 2018
Legal educators helping future attorneys prepare for 21st century careers are certainly concerned with the influence of technology on the practice of law. But increasingly, legal technology education and research often comes from the United States and isn’t likely to help international law students keep pace. Peking University Law School is looking to change that. The elite Chinese law school will partner with cloud-based analytics platform Gridsum to introduce a new research center focused...
Assisted-DIY Divorce Site Launched
February 18, 2018
From Above The Law: For most ordinary folks, the prospect of hiring a lawyer who represents Hollywood A-listers in divorce proceedings is as much of a fantasy as a Hollywood’s movie version of real life. But with a little bit of techno-charged pixie dust, the dream of high-powered representation for run-of-the-mill divorce cases is now a reality. Last week, Los Angeles attorney Laura Wasser — whose clients have included Angelina Jolie, Ryan Reynolds, Heidi Klum, Ashton Kutcher, Christina...
February 18, 2018
From Above The Law: For most ordinary folks, the prospect of hiring a lawyer who represents Hollywood A-listers in divorce proceedings is as much of a fantasy as a Hollywood’s movie version of real life. But with a little bit of techno-charged pixie dust, the dream of high-powered representation for run-of-the-mill divorce cases is now a reality. Last week, Los Angeles attorney Laura Wasser — whose clients have included Angelina Jolie, Ryan Reynolds, Heidi Klum, Ashton Kutcher, Christina...
