Understanding the Use of Data Analytics in the Management of MDLs

December 9, 2020 2:45pm

Christopher Guth
Senior Assistant General Counsel
Bayer (Pittsburgh, PA)

Megan Pizor
General Counsel
Litigation Management, Inc. (Mayfield Heights, OH)

Gabriel Egli
Partner
Shook Hardy & Bacon LLP (St. Louis, MO)

Embracing an idea floated by the defense bar, judges in at least three recent prominent MDLs have ordered lawyers to prescreen some of the lawsuits through an “initial census” process. The use of initial census forms as an early vetting process to weed out meritless lawsuits will seemingly become more and more common, however there are now many questions about how the information is being collected and used, and how this will impact MDLs moving forward. This panel will discuss topics including:

  • How the data and analytics from these forms are being used in the management of MDLs
  • How the data is impacting judicial decisions and future proceedings
  • Who has access to the data?
  • How is the information collected and protected?
  • How are the costs of this allocated amongst the parties involved?
  • How will this impact MDLs moving forward?