• I love this “back of the envelope” answer to “Is it AI?” from Karen Hao and the MIT Technology Review.

 

 

  • This half-hour podcast from MeDermott’s Week in Health Law series addresses AI & the Practice of Medicine. Five guests participate (Terry Dee, Jiayan Chen, Kate McDonald, Dale Van Demark, Eric Fish). Topics include where AI in medicine is headed, the need for regulation, privacy, liability, insurance and more. Sorry about the audio quality.

 

  • From Buckley Sandler, here’s a brief summary of Federal Reserve Governor Lael Brainard’s remarks at the 11/13 “Fintech and New Financial Landscape” conference. “Brainard’s prepared remarks emphasize the benefits and potential risks to bank safety and consumer protection that new AI applications pose.”

 

  • AI probe hears calls for ethics code. “Calls for a code of ethics, concerns about ‘Minority Report’-style crime prediction systems and a proposal for a new legal framework governing data ownership were among the evidence presented to the second public meeting of a landmark probe into the use of algorithms in the justice system. Appearing before the Technology and Law Policy Commission last week, The Hon. Mr. Justice Knowles called for the development of an ethical and legal framework for artificial intelligence. ‘AI is going to go deeper into people’s lives than many things have before,’ he told the commission chaired by Law Society president Christina Blacklaws. ‘It is imperative that we take the opportunity for law and ethics to travel with it.’” Here’s the brief summary from The Law Society Gazette.

 

  • Also from The Law Society GazetteEmbrace technology before your business model is threatened, Welsh firms told. This article summarizes “a seminar held by the National Assembly for Wales on the challenges presented by artificial intelligence and automation to legal services….”

 

  • Greenberg Traurig’s Paul Ferrillo posted this along with SDI Cyber’s George PlatsisQuantum Computing to Protect Data: Will You Wait and See or Be an Early Adopter? “So while we are still very much in the “zone of the unknown” a word of advice: if you’re a data-heavy organization and you plan to use and keep that data for years to come, you need to start thinking about new and alternate forms of encryption today.”

 

  • Here’s another thought piece from Mark A. CohenWhat Are Law Schools Training Students For? “Law is entering the age of the consumer and bidding adieu to the guild that enshrined lawyers and the myth of legal exceptionalism. That’s good news for prospective and existing legal consumers.” He addresses the challenges this will present for law schools. “These changes are affecting what it means to ‘think like a lawyer’ and, more importantly, what skills “legal” skills are required in today’s marketplace.”

 

 

  • From MobiHealthNews: Roundup: 12 healthcare algorithms cleared by the FDA. “As AI cements its role in healthcare, more and more intelligent software offerings are pursuing 510(k) and De Novo approvals.” Each of the 12 are summarized here.

 

  • Here (Geek comes of age), Joanna Goodman provides a good summary of this year’s Legal Geek event and the look into the future presented.

 

  • This story appeared in the New Hampshire Union LeaderIs Alexa’s speech protected? “The proper police procedures for searching a home or briefcase have been hammered out through decades of case law. But the question of how easy it should be for police to access the vast troves of data collected by the so-called internet of things — devices like Amazon’s Echo, Google’s Home, smart toasters, and other household objects equipped with sensors and connected to networks — is far from settled law.” Several credible sources are cited for opinion.

 

  • Ashley Deeks of the University of Virginia Law School penned: Artificial Intelligence and the Resort to Force. “How will AI change the way states make decisions about when to resort to force under international law? Will the use of AI improve or worsen those decisions? What should states take into account when determining how to use AI to conduct their jus ad bellum analyses?” This post is an overview of a larger article by Deeks and two colleagues.

 

  • Eamonn Moran of Kilpatrick Townsend & Stockton wrote: A Regulator’s Assessment of the Impact of Artificial Intelligence on Financial Services. The Federal Reserve Board’s “Fintech working group is working across the Federal Reserve System ‘to take a deliberate approach to understanding the potential implications of AI for financial services, particularly as they relate to our responsibilities.'” Here’s the full post.

 

  • Former Lehman lawyer predicts big role for AI post-Brexit. “A former senior counsel for Lehman Brothers investment bank and artificial intelligence (AI) technology pioneer has predicted AI will be crucial in helping companies alter thousands of contracts rapidly in the aftermath of Brexit. Beth Anisman, former global chief administrative officer in Lehman’s legal compliance and audit department, who subsequently co-founded an AI company, Apogee Legal – recently sold to e-discovery giant Seal Software – said disentangling contracts following Lehman’s collapse 10 years ago would have benefited from AI.” More here.

 

Blockchain

  • From BlockTribuneBlockchain, AI and the Legal System – Will Tech Lead The Law? “What happens when technologies, such as deep learning software and self-enforcement code, lead legal decisions? How can one ensure that next-generation legal technology systems are not unfairly biased against certain groups or individuals? And what skills will lawyers need to develop in order to properly assess the quality of justice that flows from data-driven decisions?” “Mireille Hildebrandt, professor at the law, science, technology and society research group at Vrije Universiteit Brussels in Belgium, will formulate and respond to during a five-year project to investigate the implications of what she calls ‘computational law’.” More here.

 

  • K&L Gates has posted Volume 38 of it’s Blockchain Energizer Energy Alert, this time summarizing three recent developments.

 

  • West Virginia Secretary of State Reports Successful Blockchain Voting in 2018 Midterm Elections. “…(I)n the 2018 midterm elections, 144 military personnel stationed overseas from 24 counties were able to cast their ballots on a mobile, blockchain-based platform called Voatz….” More here.
  • The data protection laws described in this post from Barnes & Thornburg are relevant to AI and blockchain. California’s New Data Protection Laws are Coming … but Colorado’s law is Already Here. “If you are a business that maintains, owns, or licenses computerized data that includes PI about Colorado residents, this new law applies to you.”

 

  • Speaking of personal data, Jones Day just publishedSingapore: PDPC Issues Discussion Paper On Artificial Intelligence And Personal Data. The discussion paper was published by Singapore’s Personal Data Protection Commission (“PDPC”) on June 4.

 

  • This short paper by Richard Suskind explains his idea of a mind-set called ‘outcome-thinking’. “Nor do taxpayers want tax accountants. They want their relevant financial information sent to the authorities in compliant form. … Patients don’t want psychotherapists. Roughly speaking, they want peace of mind. Litigants don’t want courts. They want their disputes resolved fairly and with finality.”

 

  • Word of this acquisition certainly spread fast — I’ve heard it mentioned twice already today. Elevate Acquires LexPredict, Expanding Capabilities in Artificial Intelligence and Data Science.

Meanwhile, Artificial Lawyer reports that, “Elevate has begun to refer to itself as a ‘law company’, rather than an ALSP (i.e. an Alternative Legal Services Provider).” President, John Croft said, “I think the only difference between the two (Elevate and a firm such as Slaughter & May) is that they are a law firm and we are a law company.” “We might provide different legal services, or we might deliver the same legal services in different ways (or we may deliver exactly the same legal services in exactly the same ways!), but we both provide legal services.”

 

  • Holland & Knight’s Norma Krayem just published her take on the FTC’s 7th consumer protection hearing, this one focused on the use of big data and AI. “(T)he FTC has indicated an ongoing interest in these issues as well. Certainly, cybersecurity and privacy issues underpin the concerns along with broader consumer protection issues with the use of Big Data, AI and other tools.” She outlines the subject the FTC will cover.

 

  • Trey Hanbury of Hogan Lovells published Why the Internet of Things and artificial intelligence will reinvent network connectivity. It’s a pretty deep dive into all sorts of connectivity and their relation to each other. He discussed infrastructure required, and the FCC’s role in all aspects.

 

  • Artificial Lawyer posted: “US law firm Orrick has today announced a new startup venture fund from which it will make investments in promising legal tech companies globally. The firm intends to create a strategic relationship with each portfolio company, they said, with Orrick typically acting as a beta customer, while making an investment in the range of $250,000. Orrick expects to be investing alongside well-known lead financial investors.”

 

  • Also from Artificial LawyerLegal AI Co. Diligen Integrates with NetDocuments. “The integration, available globally today, allows customers to ‘simply and securely summarise and analyse legal documents using Diligen’s AI and machine learning tools’ for matters such as contract review. The result means that documents can be analysed without leaving the secure NetDocuments ecosystem.”

 

 

 

  • I was intrigued by the title (Ghosts in the Machine: Revisited), enthralled by the infographics and impressed by the content. If you’re at all interested in the impact of AI on financial institutions, check out this beautiful report from Baker McKenzie. “…(I)t’s clear that institutions, from banks to insurers, asset managers to payment operators, are still feeling their way forward rather than racing towards an AI-enabled future.”

 

  • This, from the Business & Human Rights Resource Centre: Report highlights implications of growing use of artificial intelligence in legal practice for companies & lawyers. “The ‘AI in the Law’ panelists shared perspectives on how AI can benefit American and Chinese justice systems while mitigating its risks. Noting that technology has the potential to improve access to and the quality of justice, the speakers’ collective perspectives highlighted the need for artificial intelligence systems, in order to be trusted in the legal system, to be appropriately transparent, effective at meeting the specific purpose for which they are intended, competently operated, and accountable. It is important that AI systems (and their operators) deployed in support of the administration of justice and enforcement of the law remain under the ultimate supervision and control of legal practitioners and courts.”

 

  • The Oxford University Faculty of Law held this panel discussion: Technology and Finance – All about Blockchain? It is reported by Lukas Wagner is an Associate at Clyde & Co Düsseldorf who served as the President of the Oxford Fintech & SmartLaw Society in 2017-18.

 

  • Artificial Lawyer reports that “Bryan Cave Leighton Paisner (BCLP) has launched a new legal operations consultancy (Cantilever) that will help clients with issues such as process improvement, as well as tech choice and implementation, which would include assessing legal AI and automation needs.”

 

  • From Marc Elshof and Celine van Es of Dentons, Amsterdam: GDPR Update november 2018: Data protection impact assessments (DPIAs). “In this month’s GDPR Update we address an organization’s obligation to perform Data Protection Impact Assessments (DPIAs). A DPIA is a process designed to describe the processing, assess its necessity and proportionality, and help manage the risks to the rights and freedoms of individuals resulting from the processing of personal data by assessing them and determining measures to address them.”

 

  • “Global law firm Herbert Smith Freehills has advised Red Eléctrica Corporación on the world’s first syndicated loan using blockchain technology. The €150 million loan was engaged from three banks: BBVA, BNP Paribas and MUFG. Negotiations were conducted quickly over the platform developed by BBVA based on DLT (Distributed Ledger Technology).” Details from Herbert Smith here.

 

  • Andrew C. Hall of Hall, Lamb, Hall & Leto posted this recap of how law firms are (and soon will be) using AI. How Law Firms Can Benefit from Artificial Intelligence.

 

  • And here, from Zach Abramowitz (and Above the Law) is a much more in-depth look at a couple of those topics: Notes From A Legal Industry Binge (Part I).

 

  • Also from Above the Law: Moneyball For Law: Assessing lawyer “soft skills” that predict performance. The article addresses the question, “So how can you measure a legal professional’s fit for a role?”

 

  • If you have a subscription to World Intellectual Property Review, check out Finnegan’s Susan Tull’s post, Breathing life into AI.

 

  • Here’s Bob Ambroji’s take on The Pew Charitable Trusts’ entry into A2J: A Potentially Major Lifeline For Low-Income Legal Tech And A2J. Bob discusses how Pew will attack several specific A2J obstacles. “Pew’s express commitment to increase access to free online legal tools and to develop new platforms to help people interact with the courts is a lifeline the justice system badly needs.”

 

  • Marks&Clerk’s Graham McGlashan posted: UK: Intellectual Property’s Vital Role In Healthcare’s AI-Driven Future. “…(A)geing populations and complicated comorbidities continue to put pressure on healthcare budgets, … the potential rewards for those devising the innovations that overcome those challenges can be significant and protecting innovation in this space with intellectual property (IP) will be vital.”

 

  • This piece from Legal Futures (High Court judge: ethical and legal framework for AI “imperative”) discusses several views concerning AI regulation in the UK, one reason for which being, “…the impact of humans getting things wrong was ‘unlikely to be catastrophic’, while AI failures could have a much bigger impact.”

 

  • Former FTC commissioner and now partner at Covington, Terrell McSweeny postedCompetitive Edge: Antitrust enforcers need reinforcements to keep pace with algorithms, machine learning, and artificial intelligence. “The Federal Trade Commission should consider creating an independent and fully staffed office for the chief technologist or even a Bureau of Technology to enhance its required technological expertise and support its competition mission.”

 

  • Here’s a post from the ACC with recommendations from Stephanie Corey for in-house teams; these are also relevant to law firms: 5 Steps to Metrics: Building a Data-Driven Legal Department. “Don’t bite off more than you can chew!” she warns. “Start small, because going through all these steps is hard and it takes time.” She adds, “A few meaningful metrics is better than 25 metrics that are used for nothing. Change them if they need to change, and stop if they’re not being used. Metrics should evolve with your changing department, and at the end of the day will show all the great progress you and your team have made.”

 

  • Speaking of in-house legal departments, Altman Weil’s 2018 Chief Legal Officer Survey has been released. (Link to download here.) To me, the most interesting thing about it is that though “data” is mentioned dozens of times, “blockchain” and “artificial intelligence” never appear. Not once.

 

  • In this post from Above the Law, Thomson Reuters’ Joe Borstein interviews LegalMation founder James Lee. It’s a deep dive into the product’s genesis, and also discusses applications. “…LegalMation uses machine learning to automatically draft responsive litigation documents such as answers, responses, and interrogatories (which would take hours for a junior associate). For example, within moments of uploading your opposition’s complaint, you will have a competent draft response, which goes so far as to pull out key quotations from the complaint and question their basis in fact….”

 

  • In this post from Information Age (The legal implications of ‘creative’, artificial intelligent robots), Bertrand Liard of White & Case, “discusses artificial intelligence in the context of copyright, patents and existing IP rights.”

 

  • As I have reported several times in the past, “… the GLBC (was formed) to help in developing standards and policies that govern the use of blockchain technology in the business of law.” According to this release from K&L Gates, they’ve signed up too.

 

  • From Artificial Lawyer: Clause Joins Kaleido, the Platform that Makes Private Blockchains ‘Easy’. “…(I)f your firm has people who can get their heads around the mass of jargon and understand some of the technical aspects, then perhaps this could really speed things up and get people over the line into real, working uses of the tech, rather than just pilots.”
  • My favorite story of the day: Pew Charitable Trusts is getting behind two serious A2J efforts. With their $5 billion endowment, this could have serious impact. Check out the coverage by Artificial Lawyer here.

 

  • Here comes Legal Hackathon 2019! “The Global Legal Hackathon engages law schools, law firms and in-house departments, legal technology companies, governments, and service providers to the legal industry – across the globe. It brings together the best thinkers, doers and practitioners in law in support of a unified vision: rapid development of solutions to improve the legal industry, world-wide.”

 

  • From DehnsObtaining patents for artificial intelligence and machine learning in Europe. “…(N)ot all jurisdictions allow these types of “inventions” to be patented. … Handily, in Europe, the European Patent Office (EPO) publishes their “Guidelines for Examination” which set out how the patentability of such inventions should be examined.”

 

  • Corlytics ships Regulatory Event Data (RED) app. “This is the first-time global regulatory updates and notices have been centrally collated via an app and made available for free, offering one of the most disruptive changes to the regulatory industry.” More here.

 

  • From The Law Society Gazette: “Cambridge-based start-up Luminance has revealed a move into the corporate market by announcing that financial services company Think Money Group had adopted its technology – up to now, installed mainly in law firms – to manage supplier contracts. GCs are seen as future big users of AI to manage stacks of new and existing contracts against risks posed by new compliance demands.”

 

  • This, from CMS Cameron’s Dóra Petrányi and Katalin Horváth: AI and the law: Will your next lawyer be a robot? “One of the most important innovations in the legal profession is the blockchain smart contract. What makes these contracts “smart” from an AI perspective is that their legal terms and conditions are written into the code in the form of algorithms. When such a contract is concluded, signed and ultimately fulfilled, payments – which are also written into the code – are self-executed by the software, creating actions that are irrevocable. For many, smart contracts represent the perfect solution to avoid fraud.”

 

And here are some other headlines from Artificial Lawyer:

  • Linklaters Says AI Could Put $Billions at Risk Without A Proper Legal Framework: “Richard Cumbley, global head of TMT and IP, and a team of lawyers at global law firm Linklaters, have produced a report that warns of the dangers of companies exploiting AI technology without putting in place the right frameworks to use it. The report – which has some very nice graphics and includes a ‘toolkit’ for assessing your risks – can be found: here.”
  • Linklaters Launches Startup Employment Platform, Inc. Downloadable Contracts. “A new Linklaters platform called TechLinks will provide startups and small tech businesses with employment resources and documents including employment contracts. TechLinks, will offer ‘a select number of small and start-up technology businesses’ access to key employment documents and resources, plus guidance on how to legally protect and enhance their business when building a workforce.”
  • ABBYY OCR Pioneer Integrates with UiPath RPA Marketplace. “Leading OCR company ABBYY, has announced that its FlexiCapture Connector application is now available on the UiPath Go! robotic process automation (RPA) marketplace. This will enable those companies and law firms tapping RPA technology to integrate ABBYY’s well-developed OCR capabilities into any process they are designing.”

The biggest story in AI this week is the launch in China of an AI (“Digital Human”) news reader/anchor person. It’s certainly not Uncle Walter, but at first glance it’s pretty convincing. “The Chinese AI anchor man looks very much like the average Chinese citizen, a typical Chinese guy with that oddly intellectual look. He looks reassuring, made for his market like most news readers’ images are supposed to be.” Coverage here, here, here and video here. “There’s fake news, and then there’s fake people doing the news.”

In related news, Microsoft has developed AI that goes beyond the now well-established systems that write news articles. “Condensing paragraphs into sentences isn’t easy for artificial intelligence (AI). That’s because it requires a semantic understanding of the text that’s beyond the capabilities of most off-the-shelf natural language processing models. But it’s not impossible, as researchers at Microsoft recently demonstrated.”

 

  • Read this post from Artificial Lawyer. It provides some excellent insights from the heads of legal departments in some major corporations as to where the industry is headed and why. Legal Is Not ‘Special’ – Key Message of TR Legal Tech Procurement Event.

 

  • Artificial Lawyer (AL) has begun to do product reviews. The first company to be reviewed is Kira Systems, and here is the link. It’s not actually a link to a review, but rather a call for users to review the product according to specified criteria which will then be reported. Cool.

 

More posts from Artificial Lawyer:

– BCLP Launches ML Early Dispute Evaluation Service. “Clear/Cut harnesses the firm’s award-winning in-house forensic technology capability.” More here.

– Big Data Startup Concirrus Wins Norton Rose InsurTech Prize. Details here.

– Using AI Contract Analysis to Prepare for Brexit – Seal Software. More of this sponsored post here.

 

  • Blank Rome publishedWill “Leaky” Machine Learning Usher in a New Wave of Lawsuits? in RAIL: The Journal of Robotics, Artificial Intelligence & Law. “…(I)t seems all but inevitable that some of those (AI) systems will create unintended and unforeseen consequences, including harm to individuals and society at large.”

 

  • Law.com posted this news from Byran Cave: New Data Analysis Service Could Help In-House Clients See the Future. “…Clear/Cut leverages predictive coding and machine learning to comb through massive amounts of data and pluck out key information for legal analysts, who use the data to recommend whether clients should settle or forge ahead with litigation.” More here.

 

 

  • From Laura H. Phillips of DrinkerThe FCC Wades into the Artificial Intelligence (AI), Machine Learning Pool. ” Federal Communications Commission Chairman Ajit Pai issued a Public Notice announcing a first ever FCC Forum focusing on artificial intelligence (AI) and machine learning. This Forum will convene at FCC headquarters on November 30.”

 

  • This, from Jonathan BockmanRudy Y. Kim, and Anna Yuan of MoFo: Patenting Artificial Intelligence in the U.S. – Considerations for AI Companies. “…(C)ertain AI technologies can face increased scrutiny at the U.S. Patent and Trademark Office (USPTO) with respect to whether the invention is directed to patent-eligible subject matter.”

 

  • James M. Beck of ReedSmith publishedThe Diagnostic Artificial Intelligence Speedbump Nobody’s Mentioning. This is a very interesting and thorough treatment of the FDA’s regulations and the need for more.

 

  • Canada’s Torys published: Software As Medical Devices And Digital Health In Canada: What’s Next? Link here.

 

  • From Pillsbury’s Ashley E. CowgillArtificial Intelligence: A Grayish Area for Insurance Coverage. Download here from The Journal of Robotics, Artificial Intelligence & Law Vol. 2, No. 1.

 

  • Here’s an interesting post by Ian Connett of QuantumJuristA Future of J.D. Advantage Jobs? (“J.D. Advantage” jobs are those for which a law degree is strongly preferred, but not necessarily required.) As you might expect, the answer is “yes”, and the specific examples he presents are interesting.

 

  • “Amazon Web Services (AWS), Amazon’s on-demand cloud computing subsidiary, was partially HIPAA eligible — AWS customers could use Polly, SageMaker, Rekognition, and dozens of the platform’s other offerings to process health information. But Translate, Comprehend, and Transcribe remained notable holdouts — until now, that is. As of this week, all three comply with HIPAA.” Story from Venture Beat here.

 

  • Dentons has published this Market Insights volume titled: Digital Transformation and the Digital Consumer. There’s a chapter on AI and much of the content is AI-related. There’s a video excerpt here.

 

  • LeClairRyan has published Airplanes and Artificial Intelligence Parts I and II. “…(A)pplications for AI in aviation and its effect on the legal liability and regulation of those who use it.”

 

  • From Hogan Lovells, here’s a link to download Artificial Intelligence and your business: A guide for navigating the legal, policy, commercial, and strategic challenges ahead.

 

  • Milena Higgins of Black Hills is the guest on this episode of Legal Talk Network’s “Legal Toolkit”: Robot Takeover: How Automation Makes Law Practice Easier.

 

  • Here’s Part 4 of Mintz’ Strategies To Unlock AI’s Potential In Health Care, Part 4: How And When Will Congress Act?

 

  • At two events in the past 30 days I’ve been part of discussions about law firms acquiring tech companies. Here’s an example: Singapore law firm Rajah & Tann acquires e-discovery startup LegalComet.

 

  • “Nalytics, is working with Strathclyde University’s Law School post-graduate students on a new project dedicated to promoting digital transformation in legal education. By providing free access to the Nalytics search and discovery platform to students on the Diploma in Professional Legal Studies, the project aims to help students develop a greater understanding of legal technology and more importantly, its applications in tackling a range of big data problems.” Story here.

 

  • This article from S&P Global Platts (Commodity market AI applications are emerging along with new risks) cites partners at several prominent law firms among others. “Artificial intelligence and smart contract technology like blockchain are slowly being adopted by commodity markets, creating opportunities to streamline trading and other functions, but not without introducing challenges and risks experts said Thursday.”

 

  • Exterro has issued the results of another survey. (2018 In-house Legal Benchmarking Report. There’s a link here.) All that is presented regarding the methodology is “…with over 100 respondents (more than ever before), this year’s report surveys a wider distribution of companies, including more from organizations of fewer than 25,000 people than in the past.” So, I’m assuming there are 101 respondents, making the typical margin of error error about +/-10%. Given the wide range of company sizes (1 to 250,000+ employees) and the fact most fall into one size category (1,000-25,000 employees), I don’t see how there can be much useful information anywhere in the report. Law.com talks about it (without regard to the methodology) here.

 

  • Here’s another industry survey. (The Blickstein Group’s 10th Annual Law Department Operations Survey.) This one has 128 respondents this year, but reports data back to 2008 when they had only 34 respondents. This year’s stats are probably accurate +/-9% which means that many of the differences reported are actually in a statistical tie, and the prior year data with very small samples should be ignored. Above the Law includes a summary by Brad Blickstein here without comment on its methodology. When combined with the included content by vendors and law firms, I see this study as the equivalent of an interesting focus group — just don’t take the statistics seriously.

 

  • I find it interesting that this post from Kyocera BRANDVOICE in Forbes (Can The Right Office Equipment Improve Our Legal Culture?) has a section on AI. They include AI as “equipment-related”.

 

  • Here, from the New York Times DealBook is a thorough examination of the bias present in today’s artificial intelligence:  AI: The Commonality of A.I. and Diversity. (It’s written by Alina Tugend)

 

Blockchain

  • This, from ContractWorks: Are Your Contracts in Chaos? Get Organized with These 4 Tips.

 

 

Also from Artificial Lawyer:

Smart Contract Pioneer OpenLaw Goes Open Source. Story here.

  • Ron Friedmann has pulled together pieces from three WSJ articles to offer a bit of a plan for improving value to clients, and hence to the law firm. His thesis combines considerations of Customer Lifetime Value (CLV), Productivity, and Big Data.

 

  • This, from Eran Kahana of Stanford Law School: Artificial Intelligence and Computational Law: Democratizing Cybersecurity. “An effective solution to a new problem has to incorporate different thinking, an epistemic reconfiguration, if you will. It is a thinking that manifests in novel tools, combined with effective deterrence in the form of penalties for non-compliance. But going back to the different-thinking variable, I think that a good part of an effective solution is available in shifting focus from regulatory efforts to end-user empowerment, essentially enabling end-users to become smarter consumers in the Internet + ecosystem.”

 

  • Robert Bond and Hannah Crowther of Bristows postedEthics and Data Privacy. “The 40th International Conference of Data Protection and Privacy Commissioners has released a Declaration on Ethics and Protection in Artificial Intelligence. In it, the Conference endorsed several guiding principles as “core values” to protect human rights as the development of artificial intelligence continues apace. The Conference called for the establishment of international common governance principles on AI in line with these concepts. As an initial step toward that goal, the Conference announced a permanent working group on Ethics and Data Protection in Artificial Intelligence.” “Even if Scott McNealy was right in 1999 (when he reportedly said, “You have zero privacy anyway – Get over it.”), individuals deserve respect for their privacy. This respect does not always have to be imposed by law, but should be a matter of integrity and ethics.”

 

  • Richard Jeens and Natalie Osafo of Slaughter and May posted this via Artificial Lawyer: Using AI for Regulatory Investigations. “In this post, we consider and share our views on the opportunities, limitations and future uses of AI for investigations.” “…(AI) is not a panacea. At the moment, significant resource can be required to compensate for AI’s limitations, which are amplified by the unpredictable nature of investigations, and the evolving data protection position.”

 

  • This, from Mintz’ Rodney L. WhitlockStrategies to Unlock AI’s Potential in Health Care, Part 4: How and When Will Congress Act? “Currently, there is no sense that Congress will actively engage in legislative oversight of AI in the immediate future – the lack of movement on the existing bills combined with the overall lack of more targeted legislation are evidence of this. However, we are able to identify potential circumstances that could spur the House and the Senate to get involved.”

 

  • Also from Artificial Lawyer: “Legal marketplace pioneer, Lexoo, will use some of its recent $4.4m funding to develop its own legal tech applications to support the lawyers who work through the platform and to provide a deeper infrastructure for them to use on client matters. Such tools, e.g. that can support corporate deal work, will also mean that individual lawyers, or lawyers based in smaller firms, will already have some tech tools on hand to leverage their skills and do more for the clients, and work more efficiently.”

 

  • And finally from Artificial Lawyer: “Pittsburgh-based tech startup Three10 Solutions has bagged a $250,000 angel investment to continue development of its AI patent concept search system, named Dorothy. It is also looking for design partners to join the project. Its central idea is that unlike some other systems, it uses NLP to do conceptual searches for similar products, rather than depending just on key words, which are rarely sufficient for a detailed analysis.”

 

  • I wasn’t aware of Australia’s Law in Order until today. Their website provides several useful pieces of content includingThe Importance of Having an eDiscovery Expert on Your Side. Of course, they are promotional, but interesting nonetheless.

 

  • From Legaltech newsArtificial Intelligence: Useful—But Risky, Deloitte Survey Says. “Four out of 10 executives are concerned about the legal and regulatory risks of artificial intelligence, according to a recent Deloitte survey. Lawyers shared with Legaltech News the concerns they’ve heard and gave suggestions to address those risks.”

 

Blockchain

  • From DentonsUK: Manufacturing The Future: Applying Blockchain To The Manufacturing Supply Chain.

 

  • From Howard KennedyBlockchain is not the answer to money laundering… yet. “There is no reason existing regulations should stifle the progress of blockchain in this area. If regulators can create shared platforms, then they could dramatically improve AML measures for financial services while reducing the cost of compliance. It may even result in an internationally recognised digital client-identity forum. But clearly there is work to be done.”

 

  • Korean, Singaporean Firms Form Consortium to Create a Global Healthy Blockchain Ecosystem. “Some of the biggest blockchain-focused companies, as well as one law firm, have formed a consortium to create a “healthy blockchain ecosystem” as well as develop several dApps that are strategically focused on South Korea and Singapore.” Details here.
  • From CBS News: “Cyberattacks targeting the 2018 midterm election aren’t just relying on tested tactics like phishing attacks, social media influence campaigns, and ransomware targeting critical infrastructure — they’re also harnessing technology in new and ever more threatening ways. Cybersecurity experts are concerned that emerging technology like artificial intelligence and automation powered by big data and the Internet of Things is helping hackers attack election systems faster than officials can keep up.” Frightening story here.

 

  • Speaking of Cybersecurity, here’s a summary by Heidi Alexander of last week’s College of Law Practice Management Futures Conference that focused on the subject. “Over and over, speakers described cybersecurity as a moving target owing to the constantly evolving nature of cyberthreats. The first panel aptly quoted computer security expert Bruce Schneier: ‘You can’t defend. You can’t prevent. The only thing you can do is detect and respond.’ And here’s some coverage by Nicole Black.

 

  • “Oliver Duchesne, Client Operations Associate at Priori, sits down with Richard Susskind to discuss the future of law, technology and the evolving relationship between the two.” “One illustration (of the change coming to the legal world) is in the area of online courts, which is the subject of my next book. They weren’t really on anyone’s radar in 2013. However, I’m now aware of twenty or so jurisdictions around the world that are taking them seriously. Fifteen years from now, our courts, a fundamental legal institution, will be changed beyond recognition because physically congregating in a courtroom will be a rarity, particularly for lower value claims.” Here‘s the interview.

 

  • Here‘s an interesting and engaging interview 45-minute with Joshua Fireman, Ron Friedmann and Tom Baldwin, partners at Fireman & Company: “Join us as we discuss with them the changes in the legal industry, particularly challenges and opportunities for knowledge management programs. They review the evolution of KM from 1.0 to 2.0 to 3.0, from a cost center to a revenue driver, and from being useful to being critical. They also give advice for those looking to enter the profession or to develop their skills.” (Don’t let the low-quality audio production deter you.)

 

  • From CooleyAlert: European Patent Office Gives Guidance on Artificial Intelligence and Machine Learning. “In order to receive a European patent for an invention, the invention needs to be novel, inventive and susceptible of industrial application. As part of meeting these requirements, the claimed subject-matter needs to have a technical character as a whole. The new guidance helps to assess whether inventions relating to artificial intelligence have the necessary technical character.”

 

  • Brief: Advocates Call For New US Federal Authority On Artificial Intelligence. “Public Knowledge, a Washington, DC advocacy group, today released a paper calling for the formation of a new federal government authority to develop expertise and capacity on artificial intelligence (AI), to be able to effectively regulate and govern these technologies in the future.” More here.

 

  • In this story about the move to the Cloud, the legal industry is cited as an example: “The Legal industry is an example of one not moving quite as fast, but there’s still a huge number of start-ups or Software-as-a-Service providers that are offering really unique solutions in the legal industry,…” “Whether they’re trying to just target the individual to say you don’t need to get a lawyer, or a solicitor; what you really need to do for your estate plan is just go through this wizard online and pay us £20. That’s disruptive to a traditional law firm. So even in an industry slow to adopt the cloud, I know that there are active pressures in the market that are going to change the way that lawyers interact with technology, and they way they interact with their clients. They’re going to have to really be thoughtful about how they work their way through this…”

 

  • From MacLean’s: “Your mall map sees the expression on your face. It knows how you feel. Creeped out yet?” “…(N)owhere in the mall does it say there are all-but-hidden cameras that are able to use facial-recognition technology on unsuspecting shoppers. As shoppers go about their day, buying everything from shoes to books, most are unaware of the latest technology their mall may be using to gather data on them—be it their age, their gender or even their mood.” Story here.

 

  • Press release: “Consilio, a global leader in eDiscovery, document review, risk management, and legal consulting services, has announced it has acquired DiscoverReady, a premier eDiscovery, document review, and compliance solutions provider. The combined company will operate more than 70 offices, review centers, and data centers around the world in 11 countries. The company’s global operations will continue to serve investigation, litigation, and compliance matters of all sizes and complexities, anywhere in the world.”

 

  • Press release: Search Acumen: Legal proptech will “hit warp speed” within five years. “(With) much-hyped technologies like artificial intelligence and blockchain becoming firmly established within property processes. Legal professionals will increasingly rely on property data visualisations and insights derived from millions of data points, analysed in seconds, to replace traditional search reports which take weeks to source.”

 

  • This, from Foley: Artificial Intelligence now being used to predict the Next Big Earthquake! (Somewhat interesting little post, but I’m not sure why Foley posted it.)

 

  • In NewLaw Journal, “Sophie Gould reports on how in-house lawyers are adopting & adapting advances in legal technology.” Several interesting case studies are cited as are some recent stats.

 

  • IPKat postedAuctioning Art(ificial Intelligence): The IP implications of Edmond de Belamy. More about that story and the IP implications of AI-generated art here.

 

Blockchain

  • This, from Artificial Lawyer: OpenLaw Launches Blockchain-Based IP Ownership System. “…(T)o that end, smart contract pioneer, OpenLaw, has just launched a blockchain-based system for helping artists securely control and profit from their IP, which will no doubt be of interest to many lawyers, not just the ones who do the art collecting for their firms.”

 

  • Here’s the latest from K&L Gates’ blockchain energy blog: Blockchain Energizer – Volume 37. Five interesting stories are covered.

 

  • Coding Abilities Becoming Valuable to Lawyers as Blockchain Tech Develops. “Opportunities for lawyers with a firm grasp of technology are most robust in areas related to compliance or incident response. Hands-on experience with computer programming and coding could become more valuable to attorneys as legal blockchain technologies develop over the next five years.” Story here.
  • Wow. This tool sounds like a serious way for in-house counsel to leverage AI to better choose outside counsel. There’s No Such Thing As A Competitive Legal Market — But There Are Ways To Make It Better. “Bodhala’s legal analytics offer in-house counsel a wealth of information about the entire Am Law 200, high-quality boutiques, as well as a number of local firms that clients can easily customize to find exactly what they want. The platform also leverages machine learning technology to make predictive calls about opportunities to lower costs with other firms. Beyond talent procurement, the product offers spend optimization features that grant clients an opportunity to really market test quotes for legal services.” Press release here.

 

  • From Gerry Riskin: Next Step in Law-Firm AI Implementation? Getting the Lawyers on Board. “Even at DLA Piper, one of the major users of legal technology (such as the contract and document analysis programs available through Kira Systems), Director of Innovation Adam Hembury estimates that his firm is using only one percent of the overall potential AI support currently available to its lawyers.”

 

  • From WombleInnovation in construction and law: unlocking new value. “To address this, law firms are exploring the use of: Artificial Intelligence (AI) powered tools that provide machine learning capabilities. These are being widely adopted by the legal profession and over the next few decades software systems such as that provided by Kira Systems will apply machine-learning techniques to many of the routine tasks presently undertaken by lawyers, in a way which improves accuracy and limits risk. …”

 

  • State Bar of Michigan On Balance podcast: NEXT Conference 2018: Artificial Intelligence, Ethics, and Automation. “Nicole Black talks about artificial intelligence and other legal technology.” “She shares tips for automating your practice, with and without AI, and ethics advice to keep in mind when using the cloud and social media.” Here’s a link to the 13-minute podcast.

 

  • Must you disclose what your bot is up to? California weighs in on AI. “The California Legislature recently tackled this issue and the dilemma between the legitimate and productive use of ‘bots’ and the misleading and often socially disruptive use of this technology. In Senate Bill 1001, which was signed by Gov. Jerry Brown on Sept. 28, the Legislature took the approach of requiring disclosure when a company or a political advocacy group is using a ‘bot’ to communicate with people. The operative language of the law is it is illegal for ‘any person to use a bot to communicate or interact with another person in California online …. to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election.'” The post is by Glen W. Price of Best Best & Krieger.

 

  • This, from EntreprenuerWhy Big-Name Investors Like Mark Cuban Are Disrupting the Legal Profession. “It does not seem an obvious or exciting industry for big-name investors. But, some of the most famous entrepreneurs — now including billionaire Mark Cuban — are putting their money into disrupting the legal profession.”

 

  • Five9 Aims To Unlock Insight From Contact Center With Artificial Intelligence. “Five9 has offered new AI features, such as the Five9 Genius, that delivers contextual and intelligent routing using unstructured data from emails, chats and other data channels to derive customer intent. It includes real-time natural language processing, business rules, and open AI connectors to create more intelligent routing and agent guidance.” Much more here.

 

  • The objectives of this video from Law Technology Today are:
    • Learn practical tips on how to bring innovation to legal services
    • Discover the key elements of innovation initiatives
    • Hear best practices in the evaluation, deployment, and adoption of technology
    • Understand the building blocks necessary to be successful

It features Jim Lupo of Northwestern Law, Tariq Abdullah of Walmart, and Wendy Curits and Daryl Shetterly from Orrick.

 

  • Press releaseCorporate Counsels and Contract Management: A Guide to Making the Case for Technology. “Exigent’s new guide, Corporate Counsels and Contract Management: A Guide to Making the Case for Technology, dives deeper into the ins and outs of legal technology. It provides some key questions to ask to identify the right solution for your business, including: What are your security needs? What functionality is and isn’t necessary? How much training will members of your organization need to use the new technology?”

 

  • This, from contractworks: An Introductory Guide to Contract Risk Assessment. “How to analyze, measure, and score your contract terms to identify risks, maintain compliance, and improve operational oversight.”

 

  • Artificial Intelligence – A Counterintelligence Perspective: Part IV by Jim Baker: “Instead, in keeping with the counterintelligence focus of this series, I want to discuss two important baskets of implications and risks related to XAI (explainable AI) and ethical AI:  (1) effective management of certain operational, privacy and reputational risks; and (2) adversaries’ use of black-box AI.” Post here.

 

  • Teaching Technology Today: One Law School’s Innovative Offerings. “Lawyers of the future, regardless of practice area, need to be proficient in legal technology.” Here’s what Hofstra Law’s doing about it. Check out the courses!

 

  • What’s Artificial About Ethical AI In The Legal Industry? Everything. “Lawyers are trained and have studied ethics. They must be utilized to succeed in creating ethical AI programs.” Here’s the post by Andy Neill of HighQ.

 

  • Lisa Morgan interviewed Joe Lynyak of Dorsey & Whitney and other experts for this postPrivacy Compliance May Get Tougher Soon. “Organizations have had a tough time trying to comply with the European Union’s GDPR and now they have to consider the potential effect of the California Consumer Privacy Act (CCPA).”

 

  • Calif. Looking to Tech to Increase Access to Justice. “How technology can increase access to justice while protecting the public is the focus of a newly appointed California Bar task force. The question is how the legal services industry can integrate new tech to become more efficient and responsive while avoiding ethical roadblocks against fee-sharing with non-lawyers and other arrangements.”

 

  • This, from Freshfields: People Analytics: The Opportunities and Legal Risks of a Brave New World. “Advances in technology and artificial intelligence are allowing companies to solve strategic issues in ever quicker, more innovative ways. These advances are just as applicable to people management. People Analytics is the application of digital tools and algorithms to data about or relating to people, including through profiling. The data that is collected, processed and interpreted by People Analytics tools can allow employers to make better HR decisions and run their businesses more efficiently through cost reductions and enhanced operational capabilities. In our briefing we discuss the benefits, the challenges and the legal risks associated with the use of People Analytics.”

 

  • Frances Wilding and James Ward of Haseltine Lake postedUK: Updated Guidelines For Examination At The EPO In Force 1 November 2018. “In the 2018 Guidelines, a group of sections relating to CII have been significantly revised and newly added: … New section added about the field of artificial intelligence and machine learning, aimed at better defining the criteria for their patentability (G II, 3.3.1).”

 

  • This, from Craig W. Adas and Alex Purtill of Weil Gotshal: Valuation Issues in Acquiring Artificial Intelligence Companies.

 

  • “Further, regarding emerging technology, 68% of solos and 72% of lawyers in firms with 2-9 attorneys report it is “very” or “somewhat” important to receive training and education on emerging technology like blockchain and artificial intelligence.” More from the annual ABA Legal Technology Survey Report here. (It’s huge.)

 

  • From Gwynne MonahanFalling for Legal Technology Recent updates and releases. “…(L)egal technology product updates and release announcements over the past month.” Just in case I missed something.

 

  • Press release: “Consilio, a global leader in eDiscoverydocument reviewrisk management, and legal consulting services, has announced it has acquired DiscoverReady, a premier eDiscovery, document review, and compliance solutions provider. The combined company will operate more than 70 offices, review centers, and data centers around the world in 11 countries. The company’s global operations will continue to serve investigation, litigation, and compliance matters of all sizes and complexities, anywhere in the world.:

 

  • Lawyers safe from brave new AI world… for now. “James Kwan, partner at Hogan Lovells, said there are ‘few laws’ that explicitly ban robots from being decision makers. He alluded to the Code of Civil Procedure in France, which makes references to arbitral decisions being made by a ‘person’, as one that does appear to reject the prospect. ‘Other laws may have implicitly excluded the possibility,’ he added. However, Kwan referenced proposals going through the European Parliament that would afford ‘legal status’ to robots and ensure that highly capable AI have recognised rights and responsibilities. ‘It’s amazing that we have even got to the point where we can have a discussion on this,’ Kwan said, adding: ‘I think lawyers are safe for the time being’.” Story here.

 

  • This, from Bernard MarrHow The UK Government Uses Artificial Intelligence To Identify Welfare And State Benefits Fraud. “Investment in data strategy, technologies that support machine learning and artificial intelligence, and hiring skilled data professionals is a top priority for the UK government. Ministers of the Department for Work and Pensions (DWP) have rolled out and tested AI to automate claims processing and fight fraud within their department.”

 

  • Criminal justice system ‘really creaking’, warns outgoing CPS chief. “She would also see how technology can be improved to support everyone’s roles: ‘Digital forensics offer us valuable evidence in cases, but at the moment they simply take too long. And everything from faster Wi-Fi connections in court to the use of Artificial Intelligence could make everyone’s roles easier and the system faster and more effective for victims, witnesses and defendants.'” Story here.

 

  • “Charles Ciumei QC of Essex Court Chambers in London said the use of prediction tools “to assist human judicial decision making” was more achievable than “robot judges”.” Post here.

 

  • This, from Shanti Berggren of Optus Legal: Law, the digital age and change to come. “It is technology that facilitates our Optus Legal Team operating nationally allowing some of our lawyers to live and work away from our Sydney headquarters. In short, technology is changing legal culture and what it means to be a lawyer. But how should that change be managed?” The story has some answers.

 

  • Press release: Dentons Rodyk will use XION.AI’s deep learning bots as part of its wider technology initiative designed to enhance productivity and further innovate its legal service offerings in the region. It is part of the firm’s strategy to leverage on technology to optimise legal services for its clients.”

 

  • From Artificial Lawyer:
    • AL Caffeine, Feat: Relativity, QDiscovery, Taylor Wessing, TLT, Luminance + AI Art. Post.
    • TL, DR: The 14 Key Lessons From Juro’s Legal Operations eBook. Post.

 

  • Not AI, but pretty cool tech: (New Zealand’s) TMJAM launches real time IPONZ trade-mark filings. “New law tech company TMJAM disrupts traditional intellectual property lawyering with an advanced platform allowing the public to file their own trade mark applications online.” Story here.

 

  • EPIC calls for US adoption of AI guidelines. “In its letter to the NSF, EPIC argues the principles match up well with AI strategies already laid out by the U.S. “By investing in AI systems that strive to meet the [universal] principles, NSF can promote the development of systems that are accurate, transparent, and accountable from the outset,” EPIC President and Executive Director Marc Rotenberg writes.” Full story here.

 

Blockchain

  • Here’s a collection of TED talks about blockchain.

It has been almost a week since my last post. The College of Law Practice Management‘s Futures Conference was awesome, but my absence means I’m going to have to break the latest news into two posts, with the second to follow Wednesday.

 

 

  • Above the Law, in partnership with RSM, has produced an eBook, Using Data Analytics to Combat Fraud. Here’s how to download your copy.

 

  • In this post from Information Age (Applying AI and ‘new maths’ to solve complex real-world challenges), James Loxam of Luminance discusses the challenges around the application of AI with special emphasis on Cybersecurity. “What we’re now seeing is the emergence of AI-powered technology which is reading and understanding contracts and documents in the same way a human can. Machine learning algorithms are giving the technology the ability to learn and teach itself from the data it is shown, without needing explicit programming. The technology is only as good as the human operating it, but it is fair to suggest that the human is no longer as good at their job without the technology.”

 

  • LexisNexis has released the results of a new survey: Legal Technology: Looking Past the Hype. Register for the report download here. The methodology description is sparse and not very clear, but I believe they conducted 30 in-depth interviews with in-house counsel and 110 responded to an online survey. Assuming no non-response bias (always a big assumption), the overall findings are probably accurate within about +/- 10 percentage points. (E.g., “37% of GCs do not know what technology their law firm is using” should be read as “between 27 and 47% …”) The breakdowns into respondent categories should be ignored.

There is some interesting third-party data reported. For instance, “Crunchbase estimates that over $1.5B has been invested by venture capitalists into legal start up. This number excludes private equity investments nor does it look at the money spent by law firms and larger corporates operating in this space.”

 

  • “Artificial Intelligence software provider, Neota Logic and leading law firm, McCann FitzGerald have announced a partnership with University of Limerick to deliver the first-ever third-level legal tech course from spring 2019. In what is a first for the legal industry and legal education in Ireland, students will have the opportunity to learn how to design, build and test digital legal solutions using the Neota Logic System, a no-code development platform for the automation of professional services.” Details here.

 

  • Press releaseUS service makes data available on 100,000 lawyers’ litigation history. “Bloomberg Law’s enhanced Litigation Analytics tool now enables users to search, review, and analyze company representation information for more than 100,000 attorneys at over 775 law firms.”

 

  • “(T)he French data protection authority, the CNIL, the European Data Protection Supervisor and Italian DPA, the Garante, co-authored a new declaration on ethics and data protection in artificial intelligence. Along with the declaration’s six principles, the ICDPPC, ‘in order to further elaborate guidance to accompany the principles,’ will establish “a permanent working group addressing the challenges of artificial intelligence development,” an ICDPPC release states.” Much more from The International Association of Privacy Professionals (iapp) here.

 

  • From DLA Piper‘s Ileana M. Blanco: Artificial Intelligence: from diagnostic programs to sex robots – unresolved liability questions. “No lawsuits involving AI have been found to date. It is foreseeable that traditional defenses – such as that there was no safer alternative design or that the product was “unavoidably unsafe” – may be available to potential defendants. This area of law remains unsettled – definitely one to monitor in the coming months and years.”

 

  • Here’s a post from Norton Rose announcing yet another enhancement to their chatbot, Parker. “Global law firm Norton Rose Fulbright has launched a new chatbot powered by artificial intelligence that has been trained to respond to queries in relation to emerging regulatory developments in the insurance sector. The chatbot is the latest iteration of the firm’s NRF Parker chatbot and will operate under the name of ‘Parker Insurance’. It is intended to help clients navigate new laws and regulations relevant to the insurance sector. Parker will continue to evolve and learn in order to develop its knowledge of the sector.”

 

 

  • This 40+ page white paper from Deutsche Bank (Regulation driving banking transformation) is an excellent case study of how today’s tech can transform an industry (banking being the industry in this example). There are chapters on Cloud, AI and Blockchain; and discussion of the state of regulation of each. “(T)the financial services industry will be transformed by technology. The extent to which this will happen, and the extent to which all participants experience the benefits, will depend on a wide range of factors. Regulation is almost certainly one of the most important.”

 

From Artificial Lawyer:

  • UK Well-Positioned To Compete with AI Superpowers US + China – Report. Story here.
  • SimpleLegal Launches ‘Auto Correct’ Billing App to Fix Dodgy Invoices. Details here.
  • Bloomberg Law to Offer Lawyer-Client Representation Analysis. Post here.
  • The Third Wave of AI, Big Data and the Dodo. More here.

 

Blockchain

  • Hunton Andrews Kurth posted this in-depth look at French Data Protection Authority (“CNIL”)’s initial assessment of the compatibility of blockchain technology with the EU General Data Protection Regulation (GDPR). “In its assessment, the CNIL first examined the role of the actors in a blockchain network as a data controller or data processor. The CNIL then issued recommendations to minimize privacy risks to individuals (data subjects) when their personal data is processed using blockchain technology. In addition, the CNIL examined solutions to enable data subjects to exercise their data protection rights. Lastly, the CNIL discussed the security requirements that apply to blockchain.”

 

  • This post by Ron Friedmann presents John Alber’s interesting analogy between evolutionary biology and Blockchain. I found the closing paragraph especially useful: “How we record, transact and enforce agreements has been a constant almost since the inception of the common law. Yet we let the digital age be born and grow to maturity without ever considering that perhaps our paper‐bound and extraordinarily inefficient service model for managing agreements might need changing. It took computer scientists to reimagine how to make agreements concerning digital assets. With the digital age exploding around us, what else about the law needs reimagining? Everything? Where do we begin? What do we have to learn to continue to stay relevant? And does KM need reimagining too? Is it also a relic from another age?”