The philosopher Ludwig Wittgenstein was prescient indeed when he observed that “the totality of facts determines what is the case, and also whatever is not the case. In the age of Big Data, when litigation often hinges on the creation of fact sets from almost unlimited reaches of accessible information, how those facts are assessed and presented takes on vital importance.
The proper stewardship of Big Data, rather than the adoption of specific technologies or services, is the most important criteria in the derivation of facts used by counsel and experts. As data proliferation increasingly intersects with litigation, professionals charged with deriving facts from Big Data are increasingly thrust into a critical role, and counsel charged with using the facts they derive must be particularly discerning in selecting those experts. More than any set of tools or services, the ability of data professionals to defend their processes will benefit counsel using the facts they discern from harnessing massive amounts of information.
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