The price of data storage and sophisticated analytics are dropping. This will herald a sea-change in how employment cases are litigated, including both class actions (initially) and individual cases (eventually). Employment lawyers will need to:
- be involved in data governance;
- apply basic statistical methods to the results of data mining; and
- get deep “under the hood” of the data scientist’s work product.
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forms and formats about their employees — and these data pools will undoubtedly multiply over the coming years. Employment lawyers will be required to interact with technical personnel to assess preservation and if necessary, supervise production.