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NEWS                                              DECEMBER 9, 2019 ¦ 13

How Legal Departments Are Using New
Data Tools, Tactics to Fight Megaverdicts

                              By MP McQueen

A Photo credit: Credit: Elnur/Shutterstock.com
        n apparent increase in so-called nuclear Bob Taylor, vice president and senior corporate
        verdicts is prompting some corporate legal counsel for legal ideation and transformation at
        departments to adopt new data tools includ- Liberty Mutual, said in a recent interview, “I do
ing predictive analytics and artificial intelligence think we are unique in that we have data analysis,
to decide whether to litigate or settle claims, and scientists and modelers embedded in the legal de-
which firms and even which lawyers to use before a partment.”
specific judge.               Liberty Mutual uses data analytics not only to
The insurance industry is leading the pack when it choose which law firms to use for specific matters in
comes to using this “Moneyball” approach to litiga- certain jurisdictions, but even to choose the specific
tion and financial services, but other big companies’ partners who should work on those matters.
legal departments are also using data tools in their And they use other tools to analyze verdicts in
decision-making around litigation. Some law firms specific jurisdictions, and to assess the likelihood of
are also adopting them.       a motion’s success in front of a certain judge. The
For example, Liberty Mutual Group’s legal opera- company uses its own proprietary data as well as
tions department at the third-largest property and data and tools from outside providers for analysis,
casualty insurer in the United States is a leader in and to benchmark results.
data-driven decision-making.
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