Big data can provide a strategic boost for counsel and experts when calculating damages. By presenting strong, evidence-based numbers, they can increase the likelihood that their theory and calculation of damages will be accepted by judges and arbitrators.
The question is: How do lawyers and experts get at the data? And when they obtain it, how do they extract evidence from it? A single case may involve terabytes of electronic information stored in a seemingly random array of electronic databases. Unstructured data, such as individual emails or company invoices, may need to be collected and examined. Even old, paper files can require scanning and scrutiny.
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