{"id":252182,"date":"2025-03-08T08:51:14","date_gmt":"2025-03-08T08:51:14","guid":{"rendered":"https:\/\/dominiclevent.com\/blog\/?p=252182"},"modified":"2025-03-08T08:51:14","modified_gmt":"2025-03-08T08:51:14","slug":"how-artificial-intelligence-is-transforming-litigation-and-settle","status":"publish","type":"post","link":"https:\/\/dominiclevent.com\/blog\/how-artificial-intelligence-is-transforming-litigation-and-settle\/","title":{"rendered":"How Artificial Intelligence is Transforming Litigation and Settle"},"content":{"rendered":"\n
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\u201cWe\u2019ve been sued\u201d \u2014 words few want to hear. Being served with an unexpected lawsuit can throw your entire organization into disarray. Even expected litigation can leave you scrambling to figure out the next steps. Yet, these days litigation seems to be a cost of doing business. And, as with any expense, you strive to minimize those costs \u2014 whether financial or operational.<\/p>\n

The goal? Resolve a dispute swiftly and in the most favorable, cost-effective way possible. The game plan? Analyze relevant law and facts to assess the merits of the claims and form an appropriate strategy, which often includes determining whether an early settlement is feasible. Artificial intelligence (AI) can help.<\/p>\n

Knowledge: The Key to Successful Settlement<\/h3>\n

It\u2019s no secret the vast majority of lawsuits\u00a0eventually<\/em>\u00a0settle. But that often means settling on the eve of trial, only after the parties have engaged in prolonged \u2014 and expensive \u2014 discovery (as our colleagues\u00a0recently<\/a>\u00a0discussed in greater detail). All things equal, most parties would prefer to resolve their disputes sooner, limiting the costs they incur. That doesn\u2019t mean you should roll over and agree to the other side\u2019s demands. Instead, to place yourself in the best position to negotiate, you need to understand your case \u2014 both its strengths, and, perhaps more importantly, its weaknesses. Otherwise, you risk coming to the bargaining table unprepared.<\/p>\n

Marshaling and identifying key facts is therefore crucial, and you want to do it quickly. This, of course, requires ingesting and analyzing potentially large amounts of information. Fortunately, technology continues to make this easier than ever. Long gone are the days of unloading trucks of documents for teams of associates to scour page-by-page. For years, discovery has instead been characterized by varying forms of electronically stored information (ESI), like e-mails, Word documents, text messages, and business-related messaging applications. As ESI proliferated, so did the availability of technology-assisted review (TAR) software. While some variation of TAR can be adapted to virtually every case, significant training by attorneys is still required, and these systems ultimately do little to expedite the identification of \u201ckey\u201d documents. Enter artificial intelligence.<\/p>\n

Artificial Intelligence: The Document Super-Reviewer<\/h3>\n

AI tools now can transform what typically would be a few weeks of document review into, literally, just a few days. By feeding an AI program a \u201cprompt\u201d outlining the case\u2019s key legal and factual issues, AI can process and analyze tens of thousands of documents overnight. Although it\u2019s not\u00a0quite\u00a0<\/em>as simple as flipping a switch, the time and cost advantages are enormous and provide a leg up in developing your litigation strategy and assessing potential settlement. The benefits of an AI program are amplified when implemented by experienced counsel who know how to write effective prompts and then manage and validate the results.<\/p>\n

Foley has been on the forefront of implementing AI into high-stakes commercial litigation and can attest to its benefits firsthand. Just last year, for example, we were among the first firms to integrate Relativity\u2019s new generative AI software, Relativity aiR, into our review platforms and deploy it in active litigation. There, our client found itself facing an expedited discovery schedule and the prospect of a truly business-altering injunction. Working in tandem with our highly skilled litigation support and discovery experts, we were able to quickly, and effectively, implement aiR into our case workflow. This expedited our document review processes and rapidly identified key documents, which we ultimately used to undermine the plaintiff\u2019s case and negotiate a quick, favorable settlement.<\/p>\n

And while it\u2019s true we can use AI to help secure favorable settlements early in litigation, we are equipped to also wield it as a powerful tool throughout all phases of your case, even if a settlement doesn\u2019t materialize or isn\u2019t advisable. The benefits of AI include:<\/p>\n