Imagine that you could make a data-driven prediction about how opposing legal teams or judges will behave. Or that you could anticipate the results that a specific legal strategy or argument is likely to produce. If you had that power, would you continue to rely exclusively on traditional legal research and reasoning as the basis for your legal strategy? Or would you take the “Moneyball” approach by integrating legal analytics—data and insights gleaned from litigation dockets and documents—into your case to increase your chances for a successful outcome?
We are not far from the day when player stats in the legal game will be as omnipresent and impactful as they are in baseball. In federal intellectual property litigation (and soon other federal subjects), everyone involved in any legal matter—lawyers, opposing parties and judges — is already subject to rigorous statistical analysis, including assessments of strengths and weaknesses and performance rankings. And these players, in turn, are using this same data to win new clients, and to compete against each other in court.
