Success in complex litigation used to depend almost exclusively on legal theory and courtroom skill. Today, a different variable determines the outcome of high-stakes matters: data facility. Litigators now face massive datasets in every phase of a case. Relying on traditional legal intuition is no longer enough. You need the ability to ask the right technical questions, prove facts and meet class certification requirements through scientific methodology.
Winning a data-heavy case requires a shift in perspective. Litigators today must view data science as a foundational requirement for their litigation strategy.
The New Standard for Class Certification
The recent decertification in the Apple antitrust case serves as a warning for the entire plaintiffs’ bar. The court did not reject the legal arguments. It rejected the expert methodology. The court found the analysis unreliable and lacking scientific rigor.
Courts now demand that data experts provide a foundation grounded in methods that are reliable, verifiable, and reproducible. If your expert uses a "black box" approach, sequential determination methodology or cannot explain the nuances of their algorithm, your class is at risk. Data science ensures your methodology survives a Daubert challenge. It transforms raw information into a defensible legal asset.
Moving Beyond "Napkin and Pencil" Administration
Traditional settlement administration often relies on antiquated manual reviews. This "napkin and pencil" approach leads to catastrophic error rates. In one recent matter, 91% of the claims an administrator was going to approve were actually fraudulent while they rejected 91% of claims that were actually valid. These failures dilute the class recovery and create professional liability for lead counsel.
Data science replaces manual guesswork with automated verification. While some administrators still ask harmed plaintiffs to mail physical phone bills or credit card statements, data science offers a frictionless path. We verify residency and eligibility through backend historical records. This increases participation rates and ensures that only valid class members receive payments.
Administrators will also commonly attempt to validate class members through a legacy “cure” process, emailing hundreds of thousands of potential class members and only validating their claims when they respond. This process is expensive and can diminish the class settlement pool by five or even six figures. In addition, it adds unnecessary friction for many legitimate class members who will inadvertently get excluded and is easily manipulated by fraudsters.
The Fiduciary Duty of Data Facility
Every litigator has a fiduciary duty to maximize value for the class. This duty now extends to technical oversight. You must ensure that your administrators are not blocking legitimate users who use a VPN. You must ensure that "fraud prevention" efforts are not just expensive cure notices that waste class funds.
Modern litigation is a battle of data. To win, you must employ the same data science machine that the defense uses to protect their interests. Data science is not an administrative afterthought. It is the tactical wingman that ensures your legal arguments have the evidence they need to stand up in court.
