In contemporary litigation, “machine learning” and “predictive analytics” are phrases that are typically used in the context of e-discovery. However, as these technologies grow and evolve, so too will their application and utility in employment decisions and legal proceedings. At Jackson Lewis, we are committed to remaining at the forefront of these technologies and their potential uses both inside and outside of employment litigation.
While the majority of law firms and lawyers may use predictive coding or machine leaning features in some e-discovery platforms, our attorneys and skilled team of data scientists and coders are consistently expanding our already robust data and predictive analytics resources, and routinely use these technologies to assist clients with analyzing potential damages, value potential liability or jury verdicts by analyzing similar claims, develop litigation and negotiation strategies, as well as evaluate probabilities of success throughout all stages of litigation, arbitration, and other administrative investigations and proceedings. We also use these and other technologies, like artificial intelligence, to develop proprietary applications and algorithms.
Predictive analytics, machine learning, and AI raise a number of privacy and ethics concerns in society, but when utilized properly, can prove to be an invaluable asset to our clients both inside, and outside, the context of litigation. Indeed, employers are rapidly deploying these technologies across the employment spectrum, from identifying potential job candidates, conducting initial applicant screenings, tracking working time and attendance, identifying potential promotion candidates, as well as in workforce restructuring.
Employers definitely should embrace, and not fear, implementing these technologies, especially given their trajectory towards becoming essential to business in the modern era. However, like with any tool or asset, employers should be cognizant of how AI, machine learning and predictive analytics are designed, deployed, and monitored to avoid unintended biases and ensure compliance with applicable law. Taking a proactive and preventative approach to machine learning and predictive analytics is particularly important for developing defensible positions should the use of machine learning or predictive analytics be subjected to scrutiny in litigation, or otherwise.
Our attorneys and data scientists are experienced with helping clients navigate the legal and ethical waters of these technologies, and regularly aid in identifying, and remedying, potential compliance issues and unintended biases, and when necessary, defending their use of these technologies. We also utilize predictive analytics, in an ethical and legally compliant manner, in defending against a variety of employment claims.