What should you spend on discovery?

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Discovery is usually an essential phase of every commercial litigation, and with the exception of the trial itself, it is often one of the most expensive. However few litigants approach their spending on the discovery process as a discretionary variable, but rather as a non-discretionary requirement.  Our analytic framework sees discovery as a variable investment with an economic objective: to favourably alter the information landscape between the disputants. Using this approach, the discovery spend can be optimized in terms of its informational return on investment. Read more

Value in the Shadow of Conflict —
Intellectual Property Rights in Dispute

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Much of the value of IP assets relies on their performance in dispute. Targeted analysis can help rights holders to determine how best to maximise that value when faced with litigation. Our latest article in Intellectual Asset Management Magazine examines the value of IP rights in conflict and explores how game theory models of legal dispute can shed light on the issues. Proprietary models and software developed by SettlementAnalytics vividly illustrate the value impairment and the risks attached to IP legal conflict. Read more

The price of punitive damages
in settlement bargaining

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The prospect of punitive damages poses a particularly difficult challenge for litigants in terms of their economic effect. There is great uncertainty as to their potential application and scale and it is often unclear as to how much weight they should be given in the context of settlement negotiations. While few cases involving punitive damage risk ever proceed to court, research has confirmed a “shadow effect” of punitive damages in settlement negotiations, and our own modelling of these damages has been revealing. Read more

You’ve prepared for trial
– have you prepared for settlement?

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It is ironic that the vast majority of litigation effort is devoted to trial preparation when the vast majority of legal disputes are actually settled out of court. While preparing for trial is clearly important, litigants can achieve improved outcomes by also preparing for settlement.   Read more

Litigation Game Theory
Professional Development Programs

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Litigants and their counsel constantly seek to answer a difficult question: What decision or strategy is optimizing given an uncertain strategic response from an equally self-interested legal opponent? Fully considered, this is a an extremely complex problem, which is not easily solved with intuition or traditional decision-making tools. But fortunately there is an answer. Welcome to the world of litigation game theory (LGT). SettlementAnalytics is please to announce the launch of the first-ever professional development programs in litigation game theory. LGT Programs  

What is the bargaining value
of your private information?

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In legal actions it is often the case that one litigant is more informed than the other as to the extent of liability and/or the scope of true damages.  In the field of information economics, litigants are said to hold private information and a skew in the distribution of this information provides a measurable bargaining value to the more informed litigant.  Using the right analytic methods, litigants can quantify the value of their private information and adjust their settlement bargaining strategy to reflect it. Read more

Learn about litigation
settlement optimisation software

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OptiSettle™ is a proprietary software application developed by Settlement Analytics to advise clients involved in high-value commercial litigation on claim valuation and settlement bargaining. The application represents a generalized settlement bargaining analysis and risk management framework. With OptiSettle, we seek to bridge the computational gap between litigation analysis of trial and the settlement bargaining decision. Read more

Trial-Bound Lawsuits:
Predicting Litigation Settlement Failure

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Not all legal disputes are created equal. The subset of lawsuits that proceed to trial and adjudication are characteristically different from those that are resolved through settlement. In order to reach a courtroom and obtain a judgment, disputes must first survive the settlement bargaining process and resist the economic forces that might ordinarily encourage or compel a negotiated solution. Having been filtered along economic lines, it should come as no surprise that the disputes that fail to settle have a tell-tale economic fingerprint. The Litigation Settlement Failure Index is that fingerprint.   Read more

Become your firm’s
Litigation Game Theory Analyst

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With the potential for strategic interaction between legal opponents, litigation is a complex puzzle with all the characteristics of a competitive game. The optimal decision or strategy for any plaintiff or defendant is not only a matter of individual opinion or unilateral action; legal adversaries push back and have an economic effect, which requires consideration. Over the past 35-years, these complex aspects of legal dispute have been the subject of advanced research in the field of legal-economics. Now for the first time, this vital body of knowledge is accessible to practitioners. LGT Programs  

Will Your Case Go To Trial?
Litigation Settlement Failure Index

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Not all legal disputes are created equal. The subset of lawsuits that proceed to trial and adjudication are characteristically different from those that are resolved through settlement. In order to reach a courtroom and obtain a judgment, disputes must first survive the settlement bargaining process and resist the economic forces that might ordinarily encourage or compel a negotiated solution. Having been filtered along economic lines, it should come as no surprise that the disputes that fail to settle have a tell-tale economic fingerprint. The Litigation Settlement Failure Index is that fingerprint.   Read more

What is a bargaining tipping point?

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In certain settlement bargaining situations, a litigant’s optimal offer or demand can become hypersensitive to small variations in one or more economic dimensions of the case.  We call this a "bargaining tipping point".  This situation can occur when a litigant becomes economically indifferent between settlement and trial.  It is important to quantitatively analyze settlement bargaining to understand if this phenomenon is at play. Read more

Visuals

Dynamic Charts

Legal Dynamics Chart

Pricing Trial Risk - Award (Df)

Settlement Offer ($M)
Wealth ($M)

Award Uncertainty ±: 100 $M

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Slides


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Video
Visualising Settlement Risk

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Spotlight

OptiSettle™
  • OptiSettle - Game Theory Analytics for Legal Dispute: Overview

    OptiSettle is a proprietary software application developed by SettlementAnalytics to advise clients involved in high value commercial litigation on claim valuation, settlement optimisation and litigation risk analysis [More]

  • OptiSettle™: Functionality

    OptiSettle™ functionality includes legal claim optimization and simulation technology and facilitates comprehensive model-driven economic legal analytics of individual cases and legal claim portfolios.

  • OptiSettle: Screenshots

    Screenshots of OptiSettle in action. Registered Visitors can click the link above to take a closeup look at OptiSettle’s user interface.

Advanced Analytics
  • 3-D Bargaining Surface: On the Term Structure of Litigation

    We introduce the idea of a term structure to litigation valuation and settlement pricing. In this white paper we examine the topology of legal disputes in three dimensions and explore issues of time decay, or ‘litigation theta’.

  • Multi-Dimensional Trial Uncertainty

    High risk legal disputes often involve multiple dimensions of trial uncertainty. Modelling techniques that correctly aggregate and reflect their compound nature are essential to the accurate measure of claim value and the optimisation of legal decision-making. [More]

  • Litigation Settlement Risk: Comparative Analysis

    Every litigation settlement offer involves risk. We use Monte Carlo simulation to quantitatively explore the risk profile of competing settlement offers. Clients are able to tailor litigation settlement strategy to better fit with corporate risk tolerance [More]

White Papers
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