Big Data in law is nothing new. In fact, in 1980, the U.S. District Court for the Southern District of Ohio ruled in the civil rights case Dunn v. Midwestern Indemnity, “When statistical analyses have been developed from more traditional records with the assistance of computer techniques, the underlying data used to compose the statistical computer input, the methods used to select, categorize, and evaluate the data for analysis, and all of the computer outputs normally are proper subjects for discovery.”
But those statistical analyses are becoming infinitely more complex, leading many data scientists to wander through the desert of this Wild West of Big Data. So for lawyers, forced to make sense of this seeming lawlessness, is there a way to not only utilize models to help the enterprise, but also ensure that they are collected, preserved, and produced in a defensible manner in the court of law?
