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'Legalist' Startup Automates The Lawsuit Strategy Peter Thiel Used To Bankrupt Gawker (gizmodo.com)

An anonymous reader writes from a report via Gizmodo: "Two Harvard undergraduates have created a service called Legalist that uses what they call 'data-backed litigation financing,' analyzing civil lawsuits with an algorithm to predict case outcomes and determine which civil lawsuits are worth investing in," reports Gizmodo. The process is very similar to what billionaire Peter Thiel did when he secretly funded a lawsuit from Hulk Hogan against Gawker Media. "Legalist says it uses an algorithm of 58 different variables including, as [Legalist cofounder] Eva Shang told the Silicon Valley Business Journal, who the presiding judge is and the number of cases the judge is currently working on. The algorithm has been fed cases dating back to 1989 and helps people figure out how long a case will last and the risks associated with it. In a presentation at Y Combinator's Demo Day on Tuesday [Legalist was developed as part of Y Combinator's Summer 2016 class], the founders claimed that the startup funded one lawsuit for $75,000 and expects a return of more than $1 million. Shang says the $1.40 is earned for every $1 spent in litigation financing, which can prove to be a profitable enterprise when you're spending hundreds of thousands of dollars." Shang told Business Insider in reference to the Gawker lawsuit, "That's the kind of thing we're staying away from here." The company will supposedly be focusing on commercial and small-business lawsuits, and will not be backing lawsuits by individuals.

26 of 242 comments (clear)

  1. Pro tip by Anonymous Coward · · Score: 5, Insightful

    If you don't want to be bankrupted, don't post a nude sex tape of someone who was filmed without his knowledge, and then ignore a court order to take it down. Just saying.

    1. Re:Pro tip by gilgongo · · Score: 4, Insightful

      If you don't want to be bankrupted, don't post a nude sex tape of someone who was filmed without his knowledge, and then ignore a court order to take it down. Just saying.

      Well then, you'll have good answers to all these questions , I assume.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
  2. Big surprise some jackhole Silicon Valley by hsmith · · Score: 4, Insightful

    startup wanted to cash in on this. Lawsuits as a Service! Can't wait until this extends to software patent litigation.

    1. Re:Big surprise some jackhole Silicon Valley by ShanghaiBill · · Score: 5, Insightful

      startup wanted to cash in on this. Lawsuits as a Service! Can't wait until this extends to software patent litigation.

      If there is a problem with the legal system, then the solution is to fix that problem rather than deny people access to the courts. This app is a Good Thing if it means that normal people can have the same access to justice as billionaires like Peter.

    2. Re:Big surprise some jackhole Silicon Valley by Pfhorrest · · Score: 3, Insightful

      That was my thought as well, that this sounds like an awesome way of helping (at least some) people get access to the justice they deserve, until they got to the part about not helping lawsuits by individuals, only businesses.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
    3. Re:Big surprise some jackhole Silicon Valley by Pfhorrest · · Score: 4, Interesting

      If something like this were available to individuals, it could have been very useful to me recently. Last year it came to light that a relative may have wronged the rest of my family to the tune of a possibly very large sum of money that I hadn't even known existed, but the lawyer informing me of this likelihood could not act on it himself (on my family's behalf) because of his prior involvement in the situation, so advised me to get another lawyer and file suit about it myself. But just the filing fees, never mind attorney's fees, would be about a month's rent, and I can't risk that kind of money just to find out whether there's a lot more money due to me or not. I asked several lawyers if they would look at the facts of the matter (neatly packaged by the involved lawyer), decide whether it seemed likely that they would win the case, and take it on a contingency basis if so, but none would even consider that.

      With an algorithm like this, available to individuals, they (this new startup) could have made the assessment of whether I was likely to win the case, and funded it if so. Something like that could do miracles for justice, if it were available to individuals.

      --
      -Forrest Cameranesi, Geek of all Trades
      "I am Sam. Sam I am. I do not like trolls, flames, or spam."
  3. End is Nigh by transami · · Score: 5, Insightful

    Awesome. Unleashing AI and Big Data on the Law. The fireworks are going to be awesome on this one. I give it 10 maybe 20 years before the whole system implodes. Everyone will be sued into oblivion.

    --
    :T:R:A:N:S:
    1. Re:End is Nigh by Dunbal · · Score: 5, Funny

      High Frequency Suing.

      --
      Seven puppies were harmed during the making of this post.
  4. Peter Thiel didn't bankrupt Gawker by TroII · · Score: 5, Interesting

    Gawker's behavior bankrupted Gawker, end of story. Peter Thiel picked up the legal bills so that the person they wronged could afford to sue them. It's a sad commentary on the American legal system that even a celebrity with some extant wealth can't financially sustain a lawsuit on his own.

    1. Re:Peter Thiel didn't bankrupt Gawker by inhuman_4 · · Score: 4, Informative

      Bankruptcy is an absurd punishment over a celebrity sex tape. But that isn't what bankrupted them.

      Gawker got taken to court to have the film taken down, and lost. But decided to keep spreading the film anyway, and wrote an article bragging that they were going to ignore the ruling. Giving a big middle finger to the judicial system. That is what did them in. The court would have let them off much easier if they hadn't been complete assholes. It didn't help that AJ Daulerio "joked" that he would have given the green light to publish child porn.

      Finally the punishment wasn't to bankrupt them. Hogan only sought $100 million in damages, it was the court that felt he was owed more.

    2. Re:Peter Thiel didn't bankrupt Gawker by AmiMoJo · · Score: 4, Interesting

      You should create jail for corporations. They have it in Japan. The corporation can be ordered to do no business for a period of X days. I think the longest sentence was over 100 days. During that time staff get paid, but they are not allowed to do any work beyond the accounting needed for payroll and a bit of HR.

      It hurts more than just a fine, and the mostly innocent staff don't lose their jobs.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    3. Re:Peter Thiel didn't bankrupt Gawker by nitehawk214 · · Score: 3, Informative

      Yeah, that's it. Keep telling yourself that Gawker is the victim. Just double-down every time you get called out on your bullshit. If it works for Social Justice, it will work for you. (it doesn't work)

      So it is ok to shame people like Hogan and Thiel because they are jerks? Who gets to determine who is a jerk and who is not? The people doing the shaming? Got it.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
  5. Credibility of the system by quantaman · · Score: 5, Insightful

    "Legalist says it uses an algorithm of 58 different variables including, as [Legalist cofounder] Eva Shang told the Silicon Valley Business Journal, who the presiding judge is

    That different judges give different outcomes is already common knowledge but putting an actual dollar value on it might have significant repercussions.

    What happens when someone asks for a judge to recuse themselves because the litigation value tripled when the judge got assigned? It's a lot harder to defend the integrity of the system when supposedly impartial actors have quantifiable effects.

    --
    I stole this Sig
    1. Re:Credibility of the system by jenningsthecat · · Score: 4, Insightful

      It's a lot harder to defend the integrity of the system when supposedly impartial actors have quantifiable effects.

      With that in mind, and given that algorithms, (and soon big data as well?), are now significant factors in the justice system, can 'algorithmic judges' be far behind? The court system will push back; but inevitably, the job of judging will have to at least be informed by computerized analyses of pertinent data. And eventually, the position of judge might simply be taken over by AI. Yes, that's a long way off, if it ever happens at all - but developments such as 'lawsuit as investment' are among many factors that will further drive the development of artificial intelligence.

      On a side note, I seem to recall something recently about automation being poised to take over something like 40% of law practice jobs in the next couple of decades. It seems that even the law biz isn't immune from digital disruption.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  6. Like any investment scheme... by 110010001000 · · Score: 3

    ...if it really worked, people would keep it a secret and wouldn't try or need to get VC money to fund it.

    1. Re:Like any investment scheme... by 110010001000 · · Score: 3, Informative

      Uh, "Y Combinator Demo Day" is put on for VCs. What do you think it is for?

    2. Re:Like any investment scheme... by 110010001000 · · Score: 3, Interesting

      We don't really have tech conventions anymore. Now it is just shiny demos of half-assed ideas to grab quick VC cash instead of having to get a real job.

  7. Definition of a broken system. by Harlequin80 · · Score: 5, Insightful

    When your legal system becomes the realm of financial investment trading you KNOW your system is broken.

    I look forward to the creation of a new stock exchange. Lets call it LAWDAC. You can now day trade on court cases.

    1. Re:Definition of a broken system. by jenningsthecat · · Score: 4, Insightful

      When your legal system becomes the realm of financial investment trading you KNOW your system is broken.

      When your political system becomes the realm of financial investment trading you KNOW the legal system isn't far behind and your society is well and truly fucked.

      --
      'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
  8. Just what America needs by Applehu+Akbar · · Score: 5, Insightful

    Let Asians build the world's fastest trains and the continent-wide energy systems we can only dream about. We have lawsuit AI technology we can use to rob each other blind as we cash those unemployment checks.

  9. Re:The losing side must automatically pay by 110010001000 · · Score: 4, Insightful

    Good idea. No one would ever dare to sue any corporation, because if they lost they would be broke after paying the legal fees of the corporate lawyers. Corporations would rule everything!

  10. A better pro tip by Anonymous Coward · · Score: 4, Insightful

    And if you were the Supreme Court, they would have listened to you. Thing is: Gawker didn't know that and thought they were on firm legal ground. If they knew this would happen they wouldn't have done it. This is the problem: You don't find out if you're right or wrong until you've paid lawyers millions of dollars. Shouldn't be like that.

    The courts are a crapshoot. With a different judge and jury, Hogan and Thiel could have lost.

    Also "Two Harvard undergraduates" This is why everyone hates Harvard.

    1. Re:A better pro tip by ranton · · Score: 4, Interesting

      Thing is: Gawker didn't know that and thought they were on firm legal ground. If they knew this would happen they wouldn't have done it. This is the problem: You don't find out if you're right or wrong until you've paid lawyers millions of dollars. Shouldn't be like that.

      Gawker knew it was pushing boundaries of the law. I'd agree that no one could have claimed with 100% certainty which way this case would go three years ago when they first ignored a judge's order, but that doesn't mean this result is some kind of big surprise either. When you break the law, even when you think the law is unjust, you accept the possibility of severe consequences.

      The courts are a crapshoot.

      This is why you settle, and why you don't try to make political or social commentary in our court system unless you are willing to lose everything. That is what lobbying is for.

      Gawker knowingly put its existence in jeopardy by fighting this court case. They are not a babe in woods here.

      --
      -- All that is necessary for the triumph of evil is that good men do nothing. -- Edmund Burke
  11. Re: The losing side must automatically pay by reg · · Score: 4, Interesting

    No. The correct solution is for the courts to assign all lawyers for both sides at random from a list, and pay both sides equally.

  12. Re:OMG, a months rent! by DarkOx · · Score: 3, Insightful

    The loss of a month's rent once ruined an entire goddamn year and nearly left me homeless. I'm not in quite such dire straights myself anymore, but I still can't afford to risk that much fucking money; and more to the general point, the vast majority of Americans definitely can't.

    False: 83% of American households have some form of subscription television service. 3-4 months of that would cover at least enough of a mid market law firms time to assess the merits of case. What you really mean is most Americas don't believe strongly enough in their own cases to do without the boob tube for a quarter.

    Sorry life is about choices and the truth is here in the US most people actually do have them. Almost all US household statistics greatly under report the income of the poor. They don't take into account things like the EIT for example. I am not say there are not many people in the US who are struggling, but we are actually talking about a very tiny minority when you want talk about the those who can't scrape $300-$500 together to have someone evaluate a case where they have a legitimate grievance.

    We also have these things called public libraries were ordinary citizens like you or I could get access to either online resources or request the reference books needed to get an idea if our case was worth having a professional spend an hour looking at, and we could not afford to chance it based on a guess.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  13. Dangerously wrong. Stay bad orders, don't ignore! by Xenographic · · Score: 4, Informative

    This is wrong. Dangerously wrong.

    If a judge gives a bad order that will hurt you, you file for a stay of that order pending appeal. Ignoring the order leads to punishment, as happened here! The Supreme Court has limited jurisdiction, they are simply going to ignore almost all of the petitions for a writ of certiorari sent to them. And it you will still get punished for just ignoring the order even if you were right! You can't just wait for orders from a higher court to comply. If the judge refuses to stay their order while you appeal it, you have to comply. Period. If they were wrong, well, you'll have to convince the courts of that on appeal. You don't get to just ignore everyone but the Supreme Court because you don't like an adverse ruling, it simply does not and hasn't ever worked that way.

    I can't believe people modded this up, because it displays utter ignorance of legal process. Seriously, at least a few of you should have read Groklaw. You can go back and find that even SCO knew better than to flat-out ignore a court order like that. You can find many times where they asked for stays, plenty of times where they sent surreplies and dug in their heels at every opportunity to avoid complying, but not so much where they simply ignored the order.

    So let that sink in for a moment: Gawker sunk below SCO's level here.

    I tend to blame the client here, because I have to believe anyone could have made it through law school if they were giving advice that bad. If not, they're free to explore a legal malpractice claim against their own lawyers. Because what they did is so mind-bendingly stupid that you have to be willfully ignorant of legal process to think it makes any kind of sense that you can ignore anyone lower than the Supreme Court.