Attorneys are often faced with the task of mining email and other documentary evidence in an attempt to gather sufficient examples that demonstrate something was seriously amiss in their opponents' business. But when does one have enough statistically valid data to discover whether the information shows an avalanche or just a snow flurry?

For example, an attorney may want to demonstrate that the number of customer complaints, product failures or overcharges had become an “avalanche,” thereby warranting class status and perhaps special damages.

Proving an “avalanche” through indirect evidence can be challenging because common language is so often imprecise and relative. One might imagine that an email from a manufacturing company's CEO to a VP lamenting that “product failures have become an avalanche” would be sufficient evidence for a strong case.