The world has changed. The internet, digital wearables, Facebook — We are digitizing everything. This has disrupted entire industries and will disrupt the practice of subrogation law — it already has. Fitbits have provided investigators with evidence of physical activity that have led to murder charges, a pacemaker provides evidence to support an arson charge, and a Smart Water Meter provides evidence of potential crime scene clean-up. The Internet of Things (IOT) leads us to a new way to look at subrogation and investigation as a tactic and as a strategy. As a tactic, look for data. Grab it. Analyze it. Deal with the answers. Own the data, control the narrative and, win the case. As a strategy: No party is data poor. By including non-document data in your circle of discovery several things happen. Challenge the traditional sequence of events in litigation, hold off on emails and documents, assess key merits issues or damages with surgical precision and work towards settlement, not trial.
The presenters will discuss:
How to leverage electronic data to win a subrogation claim
Spoliation of electronic data