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'Moneyball' for Litigators
Big data is ubiquitous these days, but still largely untapped in legal circles. Litigators can take a page out of a sports team's playbook and use the patterns and trends found in data to make more informed decisions about case staffing, spend management, case strategy and probable outcomes.
Michael Lewis' book Moneyball: The Art of Winning an Unfair Game describes how the Oakland Athletics and the team's general manager Billy Beane (played by Brad Pitt in the movie of the same name) relied on empirical data to assemble a competitive baseball team. Despite having one of the lowest payroll budgets in baseball, Beane was able to identify players who had success indicators such as on-base and slugging percentages, even though they were not necessarily the most desirable according to traditional standards. He used principles of “sabermetrics,” the empirical analysis of baseball statistics, to recruit a winning team.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.