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Technology to Evaluate Litigation Risk
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The decision to pursue commercial litigation has traditionally been fraught with subjectivity. Forecasting how a business dispute might be resolved has generally been based on a rudimentary analysis of initial facts and relevant case law, past experiences with similar matters and general knowledge about the trial venue. Such considerations then form the basis for estimating the likelihood of obtaining a successful outcome - often communicated to the client in vague generalities or a broad range of probabilities - which must then be weighed against the significant legal expenses, opportunity costs, and time commitment the litigation would require. While nothing can replace competent legal counsel for factual and legal analysis, a more objective assessment of how key decision-makers - including the Courts, litigators, experts and jurors - are likely to perceive and judge a case is now possible. Dr. Donald E. Vinson, the founding father of the trial consulting industry and the Chairman & CEO of the litigation finance firm Vinson Resolution Management, will discuss the ways in which behavioral science research and sophisticated statistical analysis have lead to the development of case evaluation technologies that provide objective, reliable and valid assessments of the merits and likely success of potential litigation.
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