The Lex Machina team is excited about the launch of our Environmental Litigation module. This module covers cases involving a dispute over regulation of the environment under any federal statute. These are cases about ways that humans interact with nature, such as statutes concerning pollution, the use of natural resources, and protection of forests, rivers, coastal wetlands, plants and animals. The module provides detailed data and analytics on over 14,700 environmental cases pending in federal district court since 2009, including thousands of multi-district litigation cases involving the Deepwater Horizon oil spill. In total, more than $22 billion in damages have been awarded in environmental litigation cases over the last decade. Environmental litigation data includes: Case Tags – Clean Air Act, Clean Water Act, Endangered Species Act, CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act), NEPA (National Environmental Policy Act) and RCRA (Resource Conservation and Recovery Act) Findings – Clean Air Act Violation, Clean Water Act Violation, Endangered Species Act Violation, CERCLA Liability, CERCLA Third Party/Landowner Defense, NEPA Violation, RCRA Violation, SDWA Violation, Preemption of State Law, Statute of Limitations Defense, Standing, Diligent Prosecution Defense, Noncompliant Notice Defense, and Other Environmental Violation Remedies – Compliance/Remediation Plan, Administrative Remand, and Security Bond/Performance [...]
Lex Machina is excited to announce the release of Legal Analytics for Contracts Litigation. This practice area expands and replaces the current Commercial practice area. We’ve added almost 50,000 new cases to the existing 85,000 Commercial cases. While the existing Commercial case set focused on cases involving breach of contract and business tort claims between business entities, the additional 50,000 cases expand coverage to all disputes with breach of contract claims, including individual, class action, and government lawsuits. […]
The Lex Machina team is excited about the launch of our ERISA litigation module. This brings Legal Analytics to one of the most complex practice areas in the U.S. District Courts. The new module helps attorneys navigate the complexities surrounding disputes over ERISA-protected Life, Health, Disability, Pension, Retirement, and Other Employee Benefit Plans. Practitioners can analyze the over 80,000 cases pending since 2009 to see how judges, parties, or law firms perform in ERISA litigation. […]
Lex Machina is pleased to announce the launch of our module for Product Liability litigation. This launch more than doubles the number of cases in the Lex Machina system, and brings legal analytics to one of the largest practice areas in the U.S. District Courts. Practitioners can analyze the nearly 500,000 cases pending since 2009 to see how judges, parties, or law firms have behaved in litigation. This data can not only help in-house lawyers identify winning outside counsel or help a law firm pitch it’s experience, but can also help lawyers on both sides make better strategic and tactical decisions during litigation. From detailed metrics on motions practice, to case timing and budgeting, legal analytics can provide edge over the competition. Lex Machina’s Product Liability (PL) module includes access to case tags that identify key subjects within the larger practice area: medical devices / pharmaceutical (61% of the PL cases pending since 2009), Asbestos (28%), Vehicles (1.7%) and Aircraft (less than 1%). These tags allow practitioners to easily filter down to viewing only cases that are similar and relevant. When combined with other filters for party, law firm, lawyer, or judge involvement, the tags provide more accurate insight [...]
For a more in-depth consideration of patent litigation trends around the Supreme Court’s landmark T.C. Heartland ruling, see this companion post. 995 patent cases were filed in the third quarter of 2017, a 12.3% decrease from the number of cases filed in last quarter. A drop from the second to third quarter has occurred in each of the past 4 years. Relative to the number of cases filed in 2016 through the third quarter, filings in 2017 are down 8.4%.
Lex Machina is pleased to announce the launch of our offering for Bankruptcy Appeals in District Court. With this launch, practitioners can, for the first time ever, get hard quantitative data on how parties, law firms, and judges perform on bankruptcy appeals. Practitioners, especially bankruptcy court specialists, facing an unfamiliar district judge in an appeal can research the prior experience of the judge, seeing what issues they have encountered in past cases, and whether they’ve upheld the Bankruptcy court on those issues. Companies can find counsel who have a winning record on the issues that matter most, as well as using data on the expected duration of an appeal to refine budgeting. With over 17,900 cases in our database and detailed information on the issues decided in those appeals, Lex Machina gives practitioners an edge over the competition. For example, on a national level, judges are far more likely to affirm the bankruptcy court’s decision (30% of cases, shown as Claim Defendant Win below) than they are to reverse, remand, or vacate (7%, shown as Claimant Win below). Regardless of which side of an appeal one is on, knowing whether the District Court judge has contributed to that 30% [...]
As the next step in bringing Legal Analytics to more areas of the law, Lex Machina has expanded our coverage of employment cases pending January 1, 2009 through the present. Our employment module offers the same ease-of-use and intuitiveness as our other practice areas, but introduces new tags, findings, remedies and damages specific to employment law. Discrimination, Retaliation, Harassment Lex Machina tags employment cases by the nature of the claims asserted, resulting in three (overlapping) categories: discrimination, retaliation, and harassment/ hostile work environment. Discrimination cases involve claims under federal statutes that prohibit adverse employment actions against members of a protected class. Harassment cases involve claims of unwelcome conduct based on an employee's protected status. Retaliation / hostile work environment involve claims that an employer punished or retaliated against an employee because the employee engaged in a legally protected activity. Based on cases filed between January 1, 2009 through June 30, 2017, discrimination lawsuits are by far the most common (87% of cases), followed by retaliation (66%) and harassment (35%). However, employment cases often involve overlapping kinds of claims - discrimination and retaliation claims are combined more than half the time (54%), and the other two combinations occur in about a [...]
Lex Machina is excited to add over 60,000 cases to our Legal Analytics platform with a new module for commercial litigation. Commercial litigation is the business mainstay of many firms, a concern for nearly any corporation, and a big step for Lex Machina towards making Legal Analytics available across the law. This blog post takes a preliminary look at these cases, and begins by examining the broad overlap of commercial litigation with other practice areas. Next, we look at how commercial litigation is spread across the districts around the country, and why no single district has more than 10% of commercial litigation. Given the wide distribution of these cases, we conclude with an example of how practitioners working in new or unfamiliar jurisdictions can analyze judge behavior. Commercial overlap with IP and securities Commercial litigation, which Lex Machina defines as cases between business on breach of contract or business tort claims, is the single largest federal practice area. However, about 20% of these commercial cases pending since 2009 also involve an intellectual property claim (patent, trademark, or copyright). Securities and antitrust cases comprise an additional 5%. Overlap of commercial cases pending since 2009 with other practice areas The overlap [...]
In October, Lex Machina wrapped up its annual two-day company retreat. As a running tradition, Owen Byrd, Chief Evangelist & General Counsel, challenged the company with a community kindness outreach project, to make a difference with $100. The members of the Lex Machina team were divided into groups of four with a mission to spend $100 and to contribute 4 hours of time delivering random acts of kindness in our local community. Some of the projects included donating to the Menlo Park Public Library to buy more books for the community, spending time and donating to the Boys and Girls Club of the Peninsula, bring high protein foods to Second Harvest in Redwood City such as canned tuna, canned stew, and peanut butter, donating to Project WeHOPE, delivering cupcakes and coffee to the Menlo Park Senior Citizens Center with the remaining cash being donated for home cooked meals at the center, and donating to the Legal Aid Society of San Mateo County. We truly appreciated the open arms of the staff at all of the organizations we visited. Their passion and excitement about the programs they are running will resonate with our team as we continue to be involved with our community.
Lex Machina’s new Comparator Apps, launched earlier today, make it easier than ever before to analyze up to four different courts, judges, or law firms side-by-side, on a single page, and all within seconds. The Law Firms Comparator simplifies the business decision of which law firm to hire, helping in-house counsel compare key factors like win-rate, previous experience, case timing, and damages history across the different law firms. Lawyers at firms can easily size up their competition, and those in business development can find new ways to tout their firm’s success. For those more involved in the practice of law, the Courts & Judges Comparator helps lawyers make informed decisions among different judicial districts. Plaintiffs can assess how their chances of success vary across districts, and defendants can determine how transfer to different venues compares with remaining before the judge they have. This blog post will explore three examples that demonstrate how these apps can help lawyers make more effective decisions when hiring outside counsel or selecting a venue. 1. The business of law: company evaluates outside counsel (or counsel evaluating competition) Companies looking to “lawyer up” can now easily compare the records of [...]