In just two weeks, Legalweek 2019 will kickoff in NYC with all-day workshops on Artificial Intelligence and Blockchain. I wish I could attend those, but I’ll be participating in the Competitive Intelligence Workshop down the hall.

  • Check out this post by Mark Dibble of HighQ: How to Unlock a Firm’s Data Potential. Drawing on Andrew Baker of HBR Consulting’s idea of “Dark Data“, he does a good job of illustrating how firms miss many opportunities to leverage the data they already have.

 

  • And also check out this insightful post from Joanna Goodman: Two tribes go to war. “I recently watched Mary Poppins Returns and found the same lawyer stereotype. The first indication that Mary Poppins’ help is needed is when two lawyers knock on the door to give the Banks family an immovable loan repayment deadline. These fictional lawyers are inflexible until they ultimately realise that they are on the losing side – when they change their tune. This 2018 movie depiction is almost an allegory for legal AI and innovation, with lawyers and commentators gradually changing sides, so that eventually they all claim the ‘correct’ prediction.”

 

  • An issue with AI has long been the “black box” nature of its decisions. This is especially problematic when it comes to assigning liability in court. According to this article, Google is making some progress in this regard: Google Brain Built a Translator so it Can Explain Itself.

 

  • Here’s a good explanation of how chatbots can be used in law firms, from A2J to corporate clients: Chat show: How chatbots can grow your business.

 

  • Michael Heric and Neal Goldman of Bain & Company posted: Corporate Legal Eagles Start to Embrace Artificial Intelligence. “Legal groups committed to accelerating their digital journey need to find a practical path that balances opportunities with the realities of the organization’s current digital maturity, investment budgets and the cultural transformation required.”

 

  • Ari Kaplan interviewed Suffolk Law’s Gabe Teninbaum for this post: Reimagining Innovation In Legal Education. “…(B)eing capable with technology is now a core responsibility for all practicing lawyers.”

 

  • A2J: Here’s a bit of the history about how Legal You is being used within the law firm . Navigating The Courts: Legal You.

 

  • From Today’s Conveyancer we have: Artificial Intelligence Within The Legal Sector. It’s a summary of the SRA (Solicitors Regulatory Authority) report on Technology and Legal Services. Report here.

 

  • Pepperdine Law’s Dean Paul Caron posted: How Law Schools Are Using Virtual Reality In The Classroom. “The University of Kansas School of Law, like a growing number of law schools across the nation, is starting to teach its students cutting-edge quantitative subjects such as data analysis and artificial intelligence.”

 

  • This post is from ComputerWeekly: Artificial intelligence qualification helps law firm implement AI-powered business systems. “International law firm Taylor Wessing is implementing artificial intelligence (AI) across the organisation and wants to ensure staff have the necessary skills to make the most of the technology.”

 

  • AI Litigation Analytics: A Fad Or The Future? A dive into . Article here.

 

  • “(These) findings come from a survey conducted in the ABA’s 2018 Legal Technology Survey Report, with 900 respondents from across the nation and at firms of various sizes”: ABA Survey: Only 10 Percent of Law Firms Are Currently Using AI. (Take these results with a large grain of salt as the answers depend on how the respondents interpreted AI; if one rightly includes eDiscovery as AI, these numbers grossly understate actual use.)

 

From Artificial Lawyer:

  • Singapore to Launch Automated Litigation Work Platform For Prosecutors, Set to Embrace AI. Post here.

 

  • Linklaters + Deloitte Join £0.5m FinTech Financial Inclusion Project. Post here.

 

  • Anatomy of the LawGeex Rebrand, From Legal AI to Lawstars! Post here.

 

  • Autto: Pioneering Legal Workflow Automation – A Video Explainer. Post here.

 

  • Atrium: ‘Using Tech to Amplify the Talent of Lawyers, to Help the Clients’. Post here.

 

Law Firm Posts:

 

  • This, from Squire Patton Boggs’ Francesco Liberatore and Barry A. Pupkin: AI’s Impact on Antitrust and Competition Law Issues.

 

  • Gibson Dunn posted this piece: The Impact of the New USPTO Eligibility Guidelines on Artificial Intelligence-related Inventions.

 

  • From Crowell & Moring: Crowell & Moring Releases 2019 Litigation Forecast: What Corporate Counsel Need to Know for the Coming Year. “The Forecast takes a deep dive into how technology is increasingly having a profound impact on the practice of law, and in particular on litigation case strategy.” Post here.

 

  • STA Law Firm posted: Artificial Intelligence In Healthcare Sector In UAE. Post here.

 

 

 

 

 

Press Releases and Sponsored Posts:

  • ADP, Toronto startup bring employment law insights to HR with AI-powered tool. Post here.

 

BLOCKCHAIN

  • This, from MIT Technology Review: Hate lawyers? Can’t afford one? Blockchain smart contracts are here to help. “…(T)he two biggest players in the market—Rocket Lawyer and LegalZoom—are experimenting with blockchain smart contracts. In theory, they could help automate a vital part of the process and make some legal services easier and cheaper to use for everyone.”

 

  • Coindesk publishes a lot in this space, this post for instance: Lawyers Rush In: New UNH Blockchain Program Nabs Big-Name Speakers.

 

Who is Supporting And Who is Opposing Blockchain?

  • Against: China will now officially try to extend its Great Firewall to blockchains. “The Cyberspace Administration of China (CAC) will require any “entities or nodes” that provide “blockchain information services” to collect users’ real names and national ID or telephone numbers, and allow government officials to access that data. It will ban companies from using blockchain technology to “produce, duplicate, publish, or disseminate” any content that Chinese law prohibits. Last year, internet users evaded censors by recording the content of two banned articles on the Ethereum blockchain.” Article here.

 

  • Supporting: Douglas County, Washington: After the bitcoin bust and a local bankruptcy, Douglas County doubles down on blockchain. Post here. Washington’s Douglas County is Looking to Build a Blockchain Innovation Campus. Post here and here.

 

  • Supporting: Blockchain Research Now Granted Tax Credit in South Korea. Details here.

 

  • Supporting: Canada: Government of Canada welcomes DENSO Corporation’s Innovation Lab to Montréal, Quebec. Story here. (It’s really AI, but this seemed like a good place to put it.)

 

  • Supporting: Washoe County, Nevada: From Artificial Lawyer: US State Officially Starts Using Blockchain for Marriage Certificates.

The Consumer Electronics Show (CES 2019) is in full swing in Vegas, and my feeds are swamped with press releases and news coverage of the myriad AI-enabled products (like this one about a laptop with AI built in). I won’t even attempt any coverage here. If you’d like to catch up and have a few hours to spare, search for “CES 2019 Artificial Intelligence”. That said, this coverage of the keynote by IBM CEO Ginni Rometty is quite interesting.

Now, the news:

  • Check out this very interesting post from : Judge Penalizes Lawyers For Not Using Artificial Intelligence.”It may not be the most significant opinion, but it may be a sign of things to come.”
  • Bob also posted this interview with Judicata Founder Itai Gurari who “believes he has built a better legal research platform. A lawyer and computer scientist, his approach to designing a legal research engine was to first “map the legal genome” — that is, map the law with extreme accuracy and granularity. The result is a research engine that returns the best results the fastest….”
  • This story (Young lawyers “fearful of innovation resistance”) from Legal Futures is based on a survey by the International Association of Young Lawyers (AIJA). I could not find the survey methodology, but there were 180 respondents.
  • “Chicago law firm Corboy & Demetrio said on Tuesday it filed a lawsuit against electric carmaker Tesla Inc alleging that its 2014 Model S sedan had a defective battery pack that caused the death of an 18-year old passenger in an accident last year.” Story here.
  • From Lawyers Weekly comes this story: How to fight push back when accessing big data. “…Jay Carle … and Kathleen McConnell… of Seyfarth Shaw shared the benefits of using big data and analytics to both a firm and a client’s advantage.”
  • Mark Medice posted this interesting thought piece: Why a Digital Strategy is Important for Your Firm – Priorities for 2019. Good stuff.
  • Philip Scorgie, technical advisor for AdvoLogix made this post (Late for the Sky: Legal Tech and the Cloud) on ALPMA’s A Survival Guide for Legal Practice Managers.
  • “Forbes publishes 300 stories a day, and is developing AI software that writes first drafts of articles.” Story here.

 

Law Firm AI Posts:

  • Andrew J. Sherman of Seyfarth Shaw posted: Now Is The Time To Figure Out The Ethical Rights Of Robots In The Workplace.
  • Peter Vogel of Foley & Lardner wrote this post: Good News About The Future Of Humans With AI.
  • From the very prolific Giangiacomo Olivi of Dentons comes this post: Smart farming: the rise of AgriTech and its legal issues.
  • From Epstein Becker: Employment Law This Week: January 7th, 2019: A Look Back and the Year Ahead. “In 2018, many employers put the potential of artificial intelligence (“AI”) into practice. AI is being adopted at a rapid pace across the country, and the changing landscape is creating complex concerns around workforce management.”

 

From Artificial Lawyer:

  • Legal AI Litigation Co. LegalMation Partners With Ogletree Deakins + Interview with Patrick DiDomenico, CKO. Post here.
  • The Innovation Paradox: Lawyers Want Innovation, But Fear Market Change. Post here.
  • Elevate Buys Halebury Lawyers on Demand Service, Plus Interview With Denise Nurse. Post here. More coverage here.
  • Welcome to GROWL – The Global Rise of Women in LegalTech Initiative. Post here.
  • Smart Contracts: The Big Questions – Charles Kerrigan, CMS. Post here.
  • MDR LAB Legal Tech Incubator Opens for 2019, Partners with Microsoft + AWS. Post here.
  • Kennedys KLAIM Automation Platform Goes Global, Now in US, Oz + More. Post here.

 

News Releases and Sponsored Posts:

  • Pillsbury sign up for OpenText Magellan AI system. Release here. And a different version here.
  • iManage posted: Short-termist approach to AI tech buying will give way to strategic and rational adoption in 2019.
  • Also from iManage, this post from Legal Support Network: iManage – Unravelling the Labyrinth of AI Myths: AI does not learn by itself.
  • Exterro’s Winter 2019 Product Release Delivers Significant Innovations in the Use of Artificial Intelligence and Integration with Microsoft Office 365. Release here.
  • Claim Technology announce collaboration with Plexus Law, offering innovative outsourced claims solutions. Release here.
  • This is from HighQ: Leveraging technology as a driver for improved client experience.
  • And from Sysero, this piece: A New Way to Deliver Legal Service: The Scandinavian Approach.
  • Here in Nashville: Cicayda Announces Partnership with NAEGELI Deposition & Trial to Combine its eDiscovery Software and Professional Services with NAEGELI’s Court Reporting and Trial Support Services. Release here.

 

BLOCKCHAIN:

  • From Argentina: NEM Foundation to Develop Blockchain-Powered Copyright System for Journalists. Post here.
  • How cool is this?! The First Program To Train High School Girls With Blockchain Skills.
  • Here’s an interesting background piece: A No-BS Guide to the Blockchain as a Service Space Part I.
  • From Deal Street Asia we have this post: From AI to blockchain, Indian law firms add new practice areas to stay ahead of peers.
  • Press release: Ontology blockchain to create private smart contracts through collab with TEEX.

 

Law Firm Blockchain Posts:

 

 

My last post included many predictions for the year ahead, several of which were at least somewhat redundant, so unless I see something really different, I will not post such going forward. That said, these predictions about IP are from very credible sources and some offer fresh insights. From IP Watchdog: Looking Forward: Predictions and Thoughts for 2019. The thoughts about upcoming regulatory changes (or the lack thereof) are especially interesting. Also, Jeffrey Rosenthal of Blank Rome has some interesting thoughts about IoT regulation here (plus a link to another article of predictions).

 

  • There is some fresh thinking here too, as Ari Kaplan interviewed three folks at Orrick. Wendy Curtis, chief innovation officer; Kate Orr, senior innovation counsel; and Daryl Shetterly director of Orrick Analytics. A roadmap for law firm innovation in 2019. “The time of talking about lawyers and nonlawyers is over. That distinction as a defining factor in a law firm culture has to stop.”

 

  • Bob Ambrogi posted: Evisort’s New Document Analyzer Offers Out-of-the-Box AI to Mine All A Company’s Contracts. This is a thorough review.

 

  • Dan Bindman posted this on Legal Futures: EU urges ethics guidance to make AI ‘trustworthy‘. “The European Union has added its voice to the growing call for artificial intelligence (AI) to be regulated, with draft ethics guidelines that underline it must be human-centric and trustworthy to be effective.”

 

  • This, from Live Mint: Indian law firms evolve practice to keep up with India Inc. “Indian law firms are developing newer practice areas—from forensic to artificial intelligence (AI) and from blockchain to defence advisory—to keep pace with the evolving nature of businesses and the attendant changes in law.”

 

  • Read this →. Thanks to Above the Law and of eDPM Advisory Services for these excellent Top 10 ‘New Rules’ For 2019.

 

 

 

There was very little real AI or blockchain news over the holidays, especially legal-related. But there was a plethora of posts reviewing 2018 and forecasting 2019 and beyond, so that’s the focus of this post. I suggest you skim these titles and then skim through the lists included in most of the posts; you’re likely to find a nugget or two that focus on your interests.

(Note: there have been dozens of similar AI and blockchain posts specific to other industries. Many are at least tangentially related to legal, but I have omitted those to keep this post somewhat manageable. Those include almost every industry you can imagine from maritime to construction and from automotive to marketing. Healthcare leads the pack. Similarly, there have been many country-specific posts and quite a few regarding the international competition to lead in these areas. Some of that is summarized in this, from the Centre for International Governance Innovation: 2018: A Landmark Year for Artificial Intelligence.)

 

First, a bit of real news:

  • A2J has taken a step forward (I think) with SUE THE COLLECTOR. Here’s the (typo-filled) news release: “After partnering with literally dozens of law firms across the United States, Sue The Collector, Inc has helped thousands of Consumers in America turn the tables on Debt Collection companies and help consumers recover millions in damages caused by reckless and illegal debt collectors that violate the Fair Debt Collections Practices Act, (FDCPA), The Telephone Consumer Protection Act (TCPA) and RESPA, TILA and SCRA Acts including numerous state laws such as California’s Rosenthal Act. To date, the Lawyers have helped consumers cancel over 1 Billion Dollars in Debt and have recovered millions in fines and settlements.”

 

  • This, from Epstein Becker: Startup Roadshow: AI in Healthcare (FDA Regulation of Artificial Intelligence Used in Healthcare – 2019 Multi-City Tour). (H/T to Rich Westling for the post.)

 

  • From the Reno Gazette Journal, here’s: Driver’s licenses next? How one Nevada county is using blockchain for marriage certificates.

 

  • Giangiacomo Olivi of Dentons posted: : Top Five Issues To Consider. “Datasets processed through AI systems (also “AI Data Lakes”) are becoming increasingly popular, with an exponential increase in potential “use cases.” You will find here below the main legal issues to consider.”

 

  • Streetwise Reports posted: Major Title Companies Adopt Blockchain to Cut Down on Security Breaches.

 

 

  • Just this morning, the NYT posted: Curbs on A.I. Exports? Silicon Valley Fears Losing Its Edge. “The Commerce Department is considering national security restrictions on artificial intelligence. Some worry they could stunt the industry in the U.S.”

 

  • From The IPKat: Commercial use of image rights: Paris Tribunal boosts models’ and performers’ protection.

 

  • I had never heard of East Coast Polytechnic Institute University in my home state, but it seems University in North Carolina Issues Degrees Using Blockchain. And also from North Carolina, “For students at the North Carolina School of Science and Math, the future is now. An alum has given $2 million to start an artificial intelligence and machine learning program at the public boarding school in Durham.” Story here.

 

  • Sharmeen Shaikh of Khurana and Khurana posted: Is It Possible To Patent Artificial Intelligence? “(AI) is yet to gain compatibility with the patent laws on a global level.”

 

  • This, from American Banker: BankThink Don’t underestimate AI’s risks. “Artificial intelligence technologies have already begun to transform financial services. At the end of 2017, 52% of banks reported making substantial investments in AI and 66% said they planned to do so by the end of 2020. The stakes are enormous — one study found that banks that invest in AI could see their revenue increase by 34% by 2022, while another suggests that AI could cut costs and increase productivity across the industry to the tune of $1 trillion by 2030.”

 

  • The Next Web‘s blog, Hard Fork posted this useful guide: 5 of the best podcasts to get you into cryptocurrency and blockchain.

 

  • From the New York Times, here’s a sobering look at just how big tech is today. Big Tech May Look Troubled, but It’s Just Getting Started.

 

Artificial Intelligence in 2018:

  • One of the best sources of all news re legal innovation is Bob Ambrogi, so here’s Bob’s My Most Popular Posts of 2018. Also from Bob, here’s The 20 Most Important Legal Technology Developments of 2018.

 

  • Another reliable source of the best and latest news is Richard Tromans’ Artificial Lawyer, so here’s Artificial Lawyer Year in Review – 2018 – What a Year! (I agree.)

 

  • Fieldfisher provided this list of 2018’s data protection milestones. 2018 – a year like no other for data protection! Part 3.

 

  • James Vincent posted this: The Verge 2018 tech report card: AI. “A scandal is better than evil that goes unnoticed.”

 

  • New Atlas published: From weapons to works of art: The year in artificial intelligence.

 

  • According to “a panel of experts,” here’s What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP. (Lots of AI and some Blockchain is mentioned.)

 

  • From TechTalks, here’s The biggest artificial intelligence developments of 2018.

 

  • Here’s a useful collection: CMSWire’s Top 10 Artificial Intelligence and Machine Learning Articles of 2018.

 

  • From Pat Lamb and the good folks at Attorney at Work here’s: 2018 InnovAction Award Winners More Than Just the Latest Buzz.

 

  • Here’s How Apple, Amazon, Facebook, Google And Microsoft Made 2018 The Year That IT Mattered A Lot.

 

Artificial Intelligence Forecasts:

  • From the always astute Ron Friedmann, here are some thoughts about Overcoming FOMO – The Reality of Legal Tech. Not exactly a forecast, but how to shape your own future (in-house and law firm folks). And here are more thoughts from Ron on how to move ahead: The Long View of Legal Innovation. At the end of the latter post Ron included this link to another excellent post about legal tech innovation, this one from Bill Henderson re Microsoft’s approach.

 

 

  • From Housing Wire, here’s Expert: Regulatory burdens to drive AI replacement of humans. (Ballard Spahr Partner Richard Andreano is interviewed.)

 

  • I did not sign up to receive this survey, so I can’t critique its methodology, but here’s “MarketResearchReports.Biz Announced New Research Study on Report “Artificial Intelligence and RegTech Market – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2018 – 2026.”

 

  • Rather surprisingly, this post is from Interesting Engineering: AI vs. Lawyers: The Future of Artificial Intelligence and Law. “Leibniz: The First Lawyer to Predict the Use of Machines in Law”

 

  • This, from Barron’s: Artificial Intelligence Is Coming to Disrupt Customer Service — and Sooner Than You Think.

 

  • How about some tabloid click bait? From the UK’s Express, here’s Artificial intelligence: ‘Empathy bots’ with human emotions to be in our homes NEXT YEAR. “NEXT year will see the introduction of robots which have HUMAN emotions and could believe that they have been enslaved, according to leading tech experts.”

 

  • But seriously, from DataQuest, here’s The Rise of Artificial Intelligence and Machine Learning in 2019. Sandeep Parikh of EY is interviewed.

 

  • From TNW (The Next Web): Here’s what AI experts think will happen in 2019. Story here.

 

  • From Wired, here’s: In 2019, despite everything, the UK’s AI strategy will bear fruit :The UK plans to spend £1 billion on artificial intelligence. By closing the skills gap, the UK can stay at the forefront of innovation.”

 

  • According to my favorite magazine and some Pew research, many Americans are not very comfortable with where all this is headed.

 

  • Just for fun: ‘Blade Runner’ predicted what life would be like in 2019. Here’s what the movie got right — and wrong. Here’s another take on Blade Runner’s prescience. And from NBC, here’s: 19 bold predictions for science and technology in 2019 (lots of smart folks and their predictions).

 

Blockchain in 2018:

  • Here are some blockchain sports cards for you: CoinDesk’s Most Influential 2018.

 

Blockchain Forecasts:

  • This, from Olga V. Mack: How To Innovate Using Blockchain Within The Legal Field And Other Industries? I like her focus on the relationship between the practice and business of law.

 

  • FinExtra posted: Some blockchain predictions for 2019. (If you only read one overview of what’s coming for blockchain generally, this would be a good choice.)

 

  • Crypto site Smartereum posted: 2019 May Not Be Marked With A Lot Of Progress In The Blockchain Industry According To Some CIOs, and this: What Will 2019 Bring For Blockchain Technology? and this: Blockchain Technology Will Fulfill Its Purpose By Revolutionizing The World In 2019.

 

  • CoinDesk posted: 2019: The Year We Might (Finally) See Better Blockchain UX? And also from CoinDesk, we have: 2019: The Year Blockchain Begins Finance’s Great Unbundling.

 

  • CoinTelegraph posted: Too Soon for Blockchain Benefits in 2019, Says UPS Executive. “Senior executives at United Airlines (UA) and logistics giant UPS think 2019 will not be the year blockchain goes mainstream, the Wall Street Journal reported on Dec. 28.”

 

  • Digital Journal posted: Will 2019 finally see the rise of blockchain?

 

Looking back and ahead, and/or AI and Blockchain:

  • From Zach Abramowitz, here’s Notes From A Legal Binge (Part II). “Legal technology has gone from something that no one cared about to one of the industry’s most important sectors — and the conversation continues to mature.”

 

  • This, from Information Age: Artificial intelligence: What changed in 2018 and what to expect in 2019. “In the artificial intelligence and machine learning space, 2019 will see the rise of the intelligent application.”

 

  • From Hacker Noon, here’s OpenText: Convergence of blockchain, IoT & AI will lay out the path for supply chain autonomy.

 

  • Law.com has pulled together several futurist articles here in: Business, Tech and Regulation: What’s Ahead for the Legal Industry in 2019.

 

  • TechTarget interviewed several IT professionals as the basis for this post: Technology trends 2019: Expect AI, blockchain uncertainty.
  • If even you’re casually interested in AI, check out this list of the biggest AI milestones achieved in 2018. E.g., from Microsoft: “Hitting human parity in a machine translation task is a dream that all of us have had. We just didn’t realize we’d be able to hit it so soon.”

 

  • And this isn’t specifically legal-related, but it’s interesting: CES 2019 Trends To Watch – 5 Predictions Everyone Should Read.

 

  • Even if you’re not particularly interested in China or the US-China AI rivalry, this article is a good look at cutting edge innovation in AI. AI Domination: The Zero-Sum Game Between The U.S. and China.

 

  • In this post from Legal IT Insider, “12 IT leaders tell us about their achievements, challenges and priorities for the year ahead.” There was quite a bit of AI in 2018 and in their forecasts. For instance, from Clive Knott of Howard Kennedy, “Our most significant development has been the first real use of AI technology in the business, which has significantly reduced the time taken to analyse source documents and produce specific reports.

 

  • And here’s LegalWeek with seven of the same: Cutting through the hype: predictions for innovation in law in 2019. “The Big Four broke cover and started to talk more openly about their ambitions in the legal sector.”

 

  • From MyShingle.com, here are some interesting thoughts re the Tax Implications of Productizing Legal Services. “…(W)hen lawyers convert traditional legal services into hard-copy books or digital products or apps or chatbots because many states subject digital products and/or a software-as-a-service  (e.g., assessment tools like this product ) to state sales taxes.”

 

  • Here’s a good explanation of what’s going on (and coming ) in use of crypto-technologies in real estate. Blockchain’s real estate break.

 

  • In this interesting post, “Gopi K, SVP at Infosys, explores the future of blockchain in 2019.” He presents his four areas of expected greatest growth and explains the state of regulatory affairs in several key countries. This post is very relevant to law.

 

Law Firm Posts/Content

  • “OpenText™ announced that leading international law firm Pillsbury … will be the first law firm to deploy OpenText Magellan, OpenText’s AI-enabled analytics platform.” More here.

 

  • From “…Dentons TMT Bites, the newsletter of Dentons’ Italian Intellectual Property & Technology group. This month we will deal with Artificial Intelligence (“AI”) from IP to privacy and contracts.” Ten December posts are included here, along with a 1-minute video intro.

 

  • Also from Dentons (Saverio Cavalcanti and Giangiacomo Olivi), “With this article, we will address some legal issues arising from contracts featuring AI-based services/products.” It’s a pretty deep dive.

 

 

 

  • From Shearman & Sterling, here’s the longest title of a post I have seen in a while: District Of New Jersey Denies Motion To Dismiss Class Action Against Blockchain-Based Company, Finding That Plaintiff Adequately Pled Defendants’ Initial Coin Offering Constituted The Offer And Sale Of Unregistered Securities.
  • Will an A.I. Ever Become Sentient? “The quest for artificial intelligence could yield something that not only out-thinks humanity but can also feel like us.” Interesting (long) post here.

 

  • Also from Medium: Artificial Intelligence, Consciousness and the Self. This one too is interesting but rather long.

 

  • Capital One AI chief sees path to explainable AI. “Nitzan Mekel-Bobrov, head of artificial intelligence work at card issuer Capital One Financial, disputes the notion deep learning forms of machine learning are “black boxes,” and insists sensitive matters such as decisions to assign credit can be made ‘much more interpretable’.” Story from ZDNet here.

 

  • Uber is getting back into the autonomous vehicle game. Coverage here and here.

 

  • Meanwhile, Kia is looking past vehicle autonomy to reading the driver’s state-of-mind: CES 2019: Kia prepares for post-autonomous driving era with AI-based real-time emotion recognition technology. Coverage here.

 

  • This 45-minute podcast is from  Bob Ambrogi: LawNext Episode 23: Dan Rodriguez on Innovating Law and Legal Education.

 

  • Here’s another rather lengthy thought piece from Mark A. Cohen: Law Is Lagging Digital Transformation — Why It Matters.

 

  • Google is opening another AI lab, this one at Princeton. Coverage here and here.

 

  • Construction Dive posted: The Dotted Line: Mitigating the risks of technology. “It’s finally happening. Robotics, artificial intelligence, virtual reality and other cutting-edge technology that has empowered a number of industries has undeniably made its way to construction sites. But with new tools come new risks and new ways to manage those risks.”

 

  • Google posted this update. If you’re generally following AI, it’s worth your time. “Six months ago we announced Google’s AI Principles, which guide the ethical development and use of AI in our research and products. As a complement to the Principles, we also posted our Responsible AI Practices, a set of quarterly-updated technical recommendations and results to share with the wider AI ecosystem. Since then we’ve put in place additional initiatives and processes to ensure we live up to the Principles in practice.” The text of the post isn’t what matters here, it’s the several links that provide what I consider best practices.

 

  • Jason Tashea of the ABA Journal posted: California imposes new regulations on ‘internet of things’ devices. “…(M)anufacturers of connected devices will have to include ‘reasonable security’ features to protect stored or transmitted information from ‘unauthorized access, destruction, use, modification or disclosure’.” More coverage of how California’s new data privacy law could change how companies do business in the Golden State here.

 

  • This is also from Jason Tashea at the ABA Journal: Access-to-justice gap? It’s the economy. “In November, the ABA published Formal Opinion 484. From the ABA Standing Committee on Ethics and Professional Responsibility, the opinion approves of some forms of attorney fee financing, believing that they can help close the access-to-justice gap, defined as those who need but can’t attain legal support.”

 

  • This vendor (VerbIT) is new to me. “A VerbIT transcription process starts with an adaptive AI engine that automatically transcribes content at very high accuracy, regardless of subject matter or accent. A sophisticated algorithm distributes each file through 2-layers of human transcribers within seconds, and checks for congruence, localized spelling and other common inaccuracies. The entire process is extremely fast, and yields +99% accuracy.”

 

Law Firm Posts

 

  • From Ropes & Gray: Podcast: Artificial Intelligence and Intellectual Property Considerations. Sixteen-minute discussion of AI-driven technologies here.

 

 

  • How Fenwick Labs‘ Growth Is a Microcosm of Legal Tech’s Evolution. Post here.

 

 

 

  • This, is from Bruce Stachenfeld of Duval & Stachenfeld: Artificial Intelligence: Is It Really A Threat To Us Lawyers? “(S)omeday AI may have an impact on our profession that is more than automating drudge business, but in my view not yet, and not for a long while.”

 

  • Stewart A. Baker of Steptoe & Johnson LLP posted: The Cyberlaw Law Podcast: Blockchain Takes Over The Podcast. It’s a summary of this hour-long podcast.

 

 

  • Today’s release of the 2018 Blickstein Group Law Department Operations Survey Report reveals law departments are taking advantage of #newlaw options. Post here. I would evaluate the survey’s methodology, but to download the report one must agree to “you are opting in to receive Above the Law Sponsored Messages,” and I won’t.

 

Press Releases/Vendor Articles

  • Seal Software releases most comprehensive contract analytics platform for banks and financial services firms. Release here.

 

 

  • DFIN Elevates Artificial Intelligence Platform with Acquisition of eBrevia. Post here.

 

  • “Ascertus Limited has achieved over 100% business growth in 2018, including head count and revenue. This growth has come equally from existing client retention and new business, which has been driven primarily by increasing interest in iManage Work cloud deployments as well as BusyLamp legal spend management implementations.” Post here.

 

  • Dean Sonderegger of Wolters Kluwer posted: New Year’s Resolutions For Legal Tech. “We’ve covered several different use cases for AI in this column — and while the technology holds tremendous potential, we know that there’s no silver bullet or one-size-fits-all solution for everyone and every challenge. As we continue to see new offerings enter the market, the professionals who have a clear understanding of their business will ultimately be successful in unlocking the value of these tools and driving innovation within their organizations.”

 

From Artificial Lawyer

  • The eBrevia/Donnelley Merger, Start of A Legal AI Consolidation Wave? Post here.

 

  • This is a guest post by Michael Burne, Founder and CEO, Carbon Law Partners. A New Year’s Evolution: Is the Traditional Law Firm Model Finished…? “Are traditional firms a busted flush? Well, if by traditional we mean ‘unwaveringly wedded to a construct in the face of rapid change’ – then yes. If we mean ‘a broad adherence to values and a purpose driven organisation’ – then no.”

 

  • 2019 Legal Tech Predictions from the Market. Post here. Leaders of vendors are a few law firms make their predictions.

 

  • This look back is especially blockchain-focused. Christmas News Stocking from Artificial Lawyer.

 

  • Artificial Lawyer Year in Review – 2018 – What a Year! Post here.

 

Blockchain

  • This is a good, brief overview by Thomson Reuters Legal: Blockchain and Its Implications within Legal.

 

  • “The European Telecommunications Standards Institute (ETSI) announced Tuesday that it has launched a new industry specification group for blockchain.” Post here.

 

  • “Earlier this month, Malta held its blockchain conference, DELTA Summit, attracting more than 3,500 industry experts and government officials. The Summit operates as a platform for investors and experts to share their experience and opinions, specifically on the controversially debated issue of regulation, with fellow entrepreneurs and investors of all ages.” LOTS of topics are covered in this post.

 

AI and Blockchain Prognostications and Looking Back (also see Artificial Lawyer above)

  • From Health IT Security: Blockchain, HIPAA Regulation Lead Top 10 Stories of 2018. “(T)o get a sense of the topics that matter most to executive and clinical leadership, HealthITSecurity.com compiled the top stories from 2018. Here are the most read stories of 2019, leading down to the most popular article.”

 

  • This, from Medium: 2018 in Review: 10 AI Failures. Several are law-related.

 

  • Team Ripple posted this rather technical look back: 2018: The Year of Breakthroughs in Blockchain.

 

  • From iapp: Top 10 Privacy Perspectives of 2018.

 

  • The Big Four’s Big Year: Expansion, Immigration and Evaluation. “Deloitte, KPMG, EY and PwC all made moves in 2018 aimed at building their law practices.” You really should read this summary. It includes coverage of law firms hiring from the Big 4!

 

  • This is by Frank Ready of ALM: Blockchain Made Big Strides in the Legal Services Market During 2018.

 

  • Market intelligence firm Tractica posted: Artificial Intelligence Deployments Have Expanded to Include 258 Unique Use Cases Across Enterprise, Consumer, and Government Markets. “Annual Artificial Intelligence Software Revenue Will Total $8.1 Billion Worldwide in 2018.”

 

  • This commentary is from Information Week: Predictions for Artificial Intelligence in 2019. I found these especially interesting.

 

  • 5 Legal Tech Trends to Watch in 2019. This post is from Sysero.

 

  • From Rachel Wolfson, Blockchain And Crypto Leaders Share Their 2019 Industry Predictions. This post isn’t very long and it’s quite interesting.

 

  • This one is from ComputerWorld: Blockchain in 2019 and beyond: 5 predictions. “After a year where cryptocurrencies lost 80% of their value, and the hype around blockchain as a panacea for business transaction problems has cooled, 2019 will be a year of building real-world solutions.”

 

  • Crypterium posted this look ahead: 4 Major Blockchain Trends to Watch for in 2019. It’s short and straightforward.

 

  • IBM Artificial Intelligence Chief Shares His Predictions For 2019. 4-minute video here. Interesting thoughts re progress toward General AI.

 

  • If you’re a student of AI you should at least skim through this summary of MIT’s recent Platform Strategy Summit. It presents an excellent overview of the state of AI (and a bit of blockchain) from academic and business perspectives (even Thomson Reuters). “Most corporate app development effort today is spent on keeping things running, not on changing and innovating.” (Many cool infographics!)

 

  • This article (Does the legal profession have a moral duty to innovate?) appeared in Canadian Lawyer: “The panel also discussed the fact that more than 30 states in the U.S. have adopted the American Bar Association’s model rule that imposes a duty of technology competence on lawyers. The Federation of Law Societies in Canada is said to be looking at changing the model code of professional conduct in Canada to impose a duty of technology competence similar to the ABA’s rule.”

 

  • This piece (Are big data and artificial intelligence throwing down a new regulatory gauntlet?) from American Enterprise Institute is likely to set you to thinking about the regulation of information technologies in new ways. ‘…(I)f there is a principle to guide the future regulation of big data and AI, it is to focus on first understanding information asymmetries and how they affect the distribution of the gains, rather than the technologies that they are associated with.”

 

  • From The Law Society: Six ways the legal sector is using AI right now. The usual applications are discussed here, plus a bit about threats and a forecast. Interesting definition” “When we talk about AI in 2018 (and for the purposes of this article), we mean clever forms of computerised automation and search.”

 

  • More Reynen Court news here: Clifford Chance and Latham Invest in ‘App Store for Legal Tech’. “They are putting an undisclosed amount of money into Reynan Court, the highly touted tech venture that provides law firms with a single platform to manage the procurement, deployment and management of third-party apps. The CIOs of both firms have joined the tech startup’s board of directors.” Coverage from Artificial Lawyer here.

 

  • This, from the Solicitors Regulation Authority (SRA): Law firms must be able to explain decisions made by AI. (There’s a link to a larger paper.) “While AI has not been 100% accurate in various tests, the SRA said it has never proven any less accurate than work carried out by humans, and in some cases, it has been more so. Looking at some of the issues AI’s use would raise, however, the SRA said firms may find it difficult, where decisions were made by “self-learning AI”, to explain the “assumptions and reasoning behind some automated decisions”.”

 

  • This, from Missouri Lawyers Weekly: New services or products that support Missouri’s legal community: Manu Stephen. “…(T)he Inventr app uses artificial intelligence to help companies discover patentable inventions in 24 hours. … The app also helps companies to find attorneys to work on their patents by providing the companies with a list of attorneys who have been vetted and preselected by Inventr.”

 

  • “Over 2,000 U.S. adults answered the online survey earlier this month. The survey was conducted by the Harris Poll at the request of Your Lawyers Online, an online legal service provider that guides clients through family, animal and estate planning law.” 69 Percent of People Would Use Online Legal Services Over Attorneys. Other juicy stats here.

 

  • And speaking of surveys, surprise! Report Proves What We Already Knew: Clients Will Pay Any Fee Hike To Get Brand Name Firms. “This has long been the conventional wisdom among legal industry observers, but the new Citi Private Bank Law Firm Group Report went out and actually gathered some hard data to see if our gut instincts are correct. It turns out… they are.” More results survey here.

 

  • A2J: Start-up aims to help NFP sector identify legal nature of problems. “A law graduate will next year launch an artificial intelligence-backed (AI) product that uses natural language processing (NLP) to help not-for-profit agencies identify precisely the legal nature of a problem, potentially cutting out time-consuming confusion.” Story here.

 

  • Artificial intelligence set to free solicitors from lower-level work. “The report, Technology and legal services, suggests that rapid developments in AI will mostly be focused on back-office functions.” More here.

 

  • IBM Unveils Its Vision For The Future Of Artificial Intelligence. “IBM, which has been working on artificial intelligence since the 1950s, is not only keenly aware of these shortcomings, it is investing heavily to improve the basic technology. As Dario Gil, Chief Operating Officer of IBM Research recently wrote in a blog post, the company published over 100 papers in just the past year. Here are the highlights of the technology being developed now.” This is a fast, interesting read.

 

Posts by Law Firms

  • Two of my posts in a row for Dentons‘ Giangiacomo Olivi. Here’s his latest, Non-Personal Data Regulation, AI and the data economy: an Italian perspective. “This new piece of legislation aims to strengthen the principle of free circulation of non-personal data in the EU for the benefit of businesses and the public alike, with a view to foster the European data economy and the future Digital Single Market.”

 

  • Also from Dentons, Eric J. Tanenblatt, Andrew Shaw and Crawford Schneider wrote: Federal Autonomous Vehicle Bill Moves Closer To Passage. “The support of the American Association for Justice, an influential trial lawyer advocacy group, is a welcome sign for the bill. The new-look legislation, circulated Monday night, was altered to reaffirm state and local authority over motor vehicle operation, mitigate concerns about the effect of federal preemption on state common law and statutory liability and constrain the use of pre-dispute arbitration clauses related to death or bodily injury.” Post here.

 

  • Winston Maxwell and Gauthier Vannieuwenhuyse of Hogan Lovells posted: Robots Replacing Arbitrators: Smart Contract Arbitration. The 10-page scholarly journal article is here. “Given the current legal framework, fully robotised arbitration will not become a reality in the near future. However, prospects of automated expert determination are much more likely. They will lead the way to speedy, less-costly and accurate calculations or determinations, to the benefit of parties in various specific sectors.”

 

  • This, also from Hogan: The emergence of intelligent systems in health care. “With artificial intelligence being implemented across the health care continuum, FDA and other agencies find themselves contending with the prospect of regulating a moving target.”

 

  • Alan S. Levins and Amanda M. Osowski of Littler Mendelson posted: Self-Driving Trucks And Labor Law—A Look Ahead. “Welcome to the future: The year is 2020 and an organized—i.e., unionized trucking company—”L2M2″ has announced it is acquiring a convoy of autonomously powered—i.e., “self-driving”—transportation vehicles.” Post here. (Seems I’m failing at putting my futurist stories in one place.)

 

(More law firm posts under Blockchain below.)

 

Prognostications

  • From Inc.: Here Are 27 Expert Predictions on How You’ll Live With Artificial Intelligence in the Near Future. “It might make life better or it might be the end of us. Either way, it’s coming and here’s what it’s going to look like.”

 

  • This post includes a section on AI, so I did not include it with the Blockchain predictions below. Blockchain And Crypto Industry Predictions For 2019.

 

  • Here’s a half hour podcast in which Elie and Joe talk to Ralph Baxter, former head of Orrick and current board member of Intapp, about the future of the legal industry. (Ralph joins about 7 minutes in.)

 

(More predictions under Blockchain below.)

 

Press releases

  • Lex Mundi Partners With Diligen To Offer Artificial Intelligence Contract Review Tool. Release here.

 

  • Evisort launch Document Analyzer: advanced AI data mining, search and reporting tech. Release here.

 

  • Seal Software releases most comprehensive contract analytics platform for banks and financial services firms. Release here.

 

  • Innovate UK backs bid to create “thinking” legal AI. “Contract review business ThoughtRiver has been awarded funding from the government for a £400,000 development project to develop “thinking AI”.” Story here. Coverage from Artificial Lawyer here.

 

Blockchain

  • BakerHostetler‘s Robert A. Musiala Jr. published: Cryptocurrencies Continue To Permeate Capital Markets As Blockchain Permeates Settlement Systems. “…(T)he long-sought approval of Bitcoin ETFs appears unlikely in the near future, based on recent comments from SEC Chairman Jay Clayton, who cited continued concerns over a lack of adequate investor protections, including difficulties mitigating risks related to cryptocurrencies being stolen or manipulated on exchanges.”

 

  • Scott H. Kimpel of Hunton Andrews Kurth posted: Blockchain Legal Resource: CFTC Publishes Primer On Smart Contracts. “The Primer discusses their functionality, use cases, regulatory environment and potential risks.” Post here.

 

 

 

  • From  Marc D. Powers of BakerHostetler: Blockchain Platform For Energy Commodities Announced In U.S., Restrictions Ease In Foreign Markets. This post includes several useful links.

 

  • Also from BakerHostetler, John C. McIlwee posted: More Blockchain Uses For Digital Advertisers, Software Licensees And Marine Insurers. This post is mainly a summary of a recent report, and here’s a link to the referenced report.

 

  • Neil Gray and Maxwell J. Eichenberger of Reed Smith posted Blockchain: Immutable Ledger, But Admissible Evidence? “(A) brief overview of blockchain technology, then addresses the current evidentiary hurdles blockchain records face, and concludes with considerations for attorneys seeking to enter blockchain receipts … into evidence and businesses implementing blockchain solutions.”

 

  • Amazon got quite a bit more serious about Blockchain in 2018, including its Blockchain as a Service (BaaS) offering: “a fully managed service that makes it easy to create and manage scalable blockchain networks using open source frameworks such as Hyperledger Fabric and Ethereum in just a few clicks.” Story here.

 

  • First Blockchain loan closes in Latin America amid transparency concerns. “Itaú’s US$100m proof-of-concept loan, provided by Standard Chartered and Wells Fargo, utilized the R3 Corda Connect blockchain platform, a paperless system that allowed the banks to assess revisions, comments and approve the club loan digitally.” Story here.

 

  • Several law school faculty from around the world contributed to: The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain. “Part of the attraction of distributed ledger systems, such as Blockchain, lies in transcending law and regulation.” Link here.

 

  • Blockchains should have ‘privacy by design’ for GDPR compliance. “Some believe that public permissionless blockchains cannot be GDPR compliant, and that private blockchains might be the answer to blockchain’s regulatory woes. Even so, private blockchains bring into question the very meaning of what a blockchain is. There is no simple answer.” Story here.

 

  • Here are some prognostications about Blockchain: Top 5 blockchain predictions for 2019.

 

  • And here: 4 Major Blockchain Trends to Watch for in 2019. (Not the same as those above!)

 

  • And much more here: 10 Ways Blockchain Technology Will Change The Legal Industry.

 

From Artificial Lawyer 

  • RelativityOne Goes Down Under With Australia Partnership. Story here.

 

  • Back to the Future For Legal AI + Automation. Story here. (Again, I’ve put prognostications is a different section.)

 

  • Slaughter and May Publishes Innovation Guide. “The 32-page report, spearheaded by Slaughters partners, Rob Sumroy and Ben Kingsley, and produced in association with Tromans Consulting, the strategy and innovation consultancy, explores both the theory behind innovation and looks at real world examples of what businesses have done and what can be learned from them.” Post here, and here’s the link to the full report.

 

  • AI Co. Diligen Wins Major Business Boost With Lex Mundi Deal. Story here and here.

 

  • Legal AI Co. Seal Launches Financial Services NLP Suite. Story here.

 

  • What is ThoughtRiver’s New ‘Thinking AI’ + What Will It Do? Story here.

 

  • Kira Systems – AL Product Review – Part One. Story here.
  • Enough Hype Already: Inside Legal’s (Over?) Excitement with AI. “While many in the legal industry still over hype AI technology, some are beginning to separate fact from fiction. But the hype hasn’t been all bad—or good—for the legal market.” The post by Rhys Dipshan is here.

 

  • Covington’s Thomas Parisi posted: AI Update: FCC Hosts Inaugural Forum on Artificial Intelligence. “Chairman Pai made clear in his opening remarks that the purpose of the forum was not to initiate AI regulation at the FCC. He stated: “It’s important to note that this event is about discussion and demonstration.”

 

  • Anna Cope and Melanie Lane of CMS wrote: Disciplinaries and Performance Management: Artificial Intelligence and Emotional Intelligence. The article addresses, “AI can help to remove both conscious and unconscious bias in decision-making and to ensure consistency of approach. However, will it ever be acceptable culturally for a machine to decide to fire an employee? Where should the line be drawn when important decisions need to be made about employees’ performance or disciplinary matters? Is the human element still important in this process?”

 

  • Cadwalader’s Steven Lofchie posted: Agencies Urge Banks To Pursue AML (Anti-Money Laundering) Compliance Innovation. “In a joint statement, the Federal Reserve Board, the FDIC, FinCEN, the National Credit Union Administration and the Office of the Comptroller of the Currency (the “agencies”) stated that innovation – including the use of artificial intelligence, digital identity technologies and internal financial intelligence units – has the potential to augment banks’ programs for risk identification, transaction monitoring, and suspicious activity reporting.”

 

  • In this post, Chris Cook, Katherine Bravo, KC Halm and Amy Mushahwar of Davis Wright Tremaine summarize the FTC’s hearings on Competition and Consumer protection (a month ago). FTC Hearings Exploring Algorithms, Artificial Intelligence, and Predictive Analytics Focus on Notions of Fairness, Transparency and Ethical Uses.

 

  • Here’s a complete seminar from Dentons. It’s their eighth annual CPD Bootcamp. Chasing Shiny Objects: A Practical Guide To Managing The Challenges Of Transformative Technologies. “The session covered the following: Things to consider before acquiring a transformative technology: how much is real and how much is hype? And how do you know? How select transformative technologies create unexpected privacy and other compliance challenges and ways organizations can address them. Steps organizations can take to manage common risk and liability issues, including via contracts.”

 

  • And this from Dentons Italy’s Giangiacomo Olivi: AI And Drones, A Love Affair (Part I). “One of the main innovative characteristics of drones is their capability to collect and process great amounts of data, including personal data, which is often difficult to manage. This implies that the future usage of drones will be increasingly linked to data analytics and AI patterns and algorithms.”

 

  • “Microsoft Corp. called for new legislation to govern artificial intelligence software for recognizing faces, advocating for human review and oversight of the technology in critical cases.” Details here.

 

 

  • K&L Gates has posted Volume 39 of its Blockchain Energizer Energy Alert, this time summarizing three recent developments.

 

  • More on AML Reform: Artificial Intelligence, Beneficial Ownership and Real Estate from Ballard Spahr. “…(T)he OCC believes that ‘[n]ew technologies such as artificial intelligence (AI) and machine learning offer banks opportunities to better manage their costs and increase the ability of their monitoring systems to identify suspicious activity, while reducing the number of false positive alerts and investigations’.” This in-depth post includes this link to Part One.

 

  • Sameer Gokhale of Oblon, McClelland asks is the Pendulum Swinging Back In AI Direction? “(M)ost inventions in AI will not be directed to a magical robot or the self-driving car. Instead, a lot of inventions are directed to the building blocks of AI, such as deep learning and machine learning algorithms along with data collection techniques which are vital to train the AI software.” “If the USPTO director can guide the examining corp to take a patent owner-friendly approach toward inventive algorithms related to AI, then it will help swing the pendulum of patentable subject matter toward a place that is in harmony with the current state of technology.” Article from Intellectual Property Magazine here.

 

  • Suebsiri Taweepon and Pimpisa Ardborirak of Tilleke Gibbins posted: Challenges of Future Intellectual Property Issues for Artificial Intelligence. “…(W)ould the software developer(s) of an AI be entitled to the work created by that AI? And if the user of the AI continually inputs new sources of information for the AI to learn, resulting in newly created IP, would the user be entitled to own the created IP?”

 

  • This interesting post warns of possible negative unintended consequences of cheap “lawtech” A2J such as, “the silencing of #MeToo activists with an avalanche of libel lawsuits; honest tradesmen ripped off by an automatic lawsuit over every invoice; online bullies spinning up endless court cases against their enemies in order to intimidate them into submission; patent trolls automating their hunt for genuinely innovative companies to exploit”.”

 

  • Meanwhile, here’s more progress on the A2J front: Chatbot to help renters released today. (From New Zealand.)

 

  • Peter Krakaur of UnitedLex posted this overview of legal technologies. It includes a nice summary chart. Planning Your Next Legal IT Strategy Discussion: A Service Delivery Framework (Part I).

 

  • Columbia University’s AI Business Course Studies Legal Tech Startup (Evisort). “…(L)egal technology offers a prime example of using tech experts and industry experts—in this case lawyers—in the development of a needed business tool.” Coverage here.

 

From Artificial Lawyer:

– “Big Tech company, Microsoft, is to broaden the appeal of its NLP and machine learning tools for doc review as part of a project to bring its Azure Cognitive Service capabilities into the Power BI platform for business level analysis and data visualisations. The service will open for public preview from March 2019.” Post here.

– HighQ Integrates With Legal AI Co. LEVERTON + Launches V. 5.0. Post here.

– “Smart contract pioneer, OpenLaw, and oracle platform Rhombus, have joined forces to build derivatives smart contracts, as part of a project to see if their tech can be used in the $500 trillion market for handling derivatives trades.” Post here.

– Relativity Develops ‘Pre-Crime’ Abilities With Trace App at ING Bank. Post here.

 

  • Press release from Littler: Littler Hosts Roundtable of Industry Leaders to Discuss Impact of Automation Technologies. It’s an interesting summary of the event and includes a link to Littler’s recent TIDE (Technology-Induced Displacement of Employees) report. Oh heck, why not just include that link here and save you a click?

 

  • Press release: Elevate Acquires Sumati, Expanding Capabilities and Scale in Contract Lifecycle Management Support.

 

  • Press release: XDD Acquires Leading AI Automation Software Company, Esquify, Further Optimizing the Company’s Managed Review Service Offering.

 

  • Press release: Successfully Migrates 10 Terabytes of Litigation Data to Casepoint eDiscovery Cloud.

 

More prognostications:

– Legal Technology – the future of legal services from Dan Bindman. Post here.

– Moving Beyond Smart Contracts: What Are The Next Generations Of Blockchain Use Cases? Post here.

– 2019 will be the year of artificial intelligence. Post here from Damien Willis.

– This, from Information Age: Artificial intelligence for the lawyer – transforming the legal industry.

– 5 Artificial Intelligence Trends To Watch Out For In 2019. This is a bit technical, but interesting.

– Tech predictions from The Economist in 2019: Facial recognition to AI regulation. “…Major League Baseball will start allowing fans to validate their tickets and enter stadiums via a scan of their face, rather than a paper stub. Singapore’s newest megamall will use the technology to track shoppers and recommend deals to them. Tokyo will spend the year installing facial-recognition systems in preparation for the Olympics in 2020, when it will use the technology to make sure that only authorised persons enter secure areas.” More here.

– If those forecasts aren’t enough for you, how about: 120 AI Predictions For 2019. I did not verify the count or even read them all, but 120 feels about right. Here they are.

 

Blockchain

  • This, from Scott H. Kimpel of Hunton. Blockchain Legal Source: Mining Cryptocurrency Under Federal Election Law. “The acting general counsel of the Federal Election Commission (“FEC”) recently published for public comment a draft advisory opinion under the Federal Election Campaign Act and related FEC regulations regarding mining cryptocurrencies for the benefit of political committees.”

 

  • Seven EU States Sign Declaration to Promote Blockchain Use. “…(T)he document cites “education, transport, mobility, shipping, Land Registry, customs, company registry, and healthcare” as services which can be “transformed” by this technology. The group also cites blockchain tech’s use for protecting citizens’ privacy and making bureaucratic procedures more efficient.” More here.

 

 

  • James Marshall, Deals Partner at PwC posted: How blockchain could upend M&A and other deals. “As a tamper-proof shared ledger that can automatically record and verify transactions, blockchain and distributed ledger technology (DLT) could vastly change how investors value, negotiate and execute deals.”

 

  • From Legal Theory Bookworm, this review of the recent book, Blockchain and the Law: The Rule of Code by Primavera De Filippi & Aaron Wright. “De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.”

–

  • Here’s a good summary of tools from Bob Ambrogi: This Tech Can Turn the Tables in Litigation. “If you can eliminate some of the chance from litigation, if you can bring a higher level of certainty to litigation, why wouldn’t you? Indeed, you might even ask yourself, ‘Is it malpractice not to use analytics?‘”

 

  • Also from Bob: LawNext Episode 21: Blockchain, Smart Contracts and the Future of Law, with Casey Kuhlman of Monax. It’s a 45-minute interview sponsored by MyCase.

 

  • In this short post (Blockchain: Resources To Get On Top Of This Technology), Olga V. Mack offers several good tips for learning about blockchain. “What follows is a compilation of resources in no particular order that I and many other professionals have found useful.”

 

  • This, from EY: Companies ready for leases standard, but only with help, finds EY 2018 Lease Accounting Change Survey. “Automation is a long-term goal, with artificial intelligence (AI) playing an important role. More than 80% of companies are working toward designing a long-term automated solution, with only 5% saying they will use a manual, spreadsheet-based approach long term. Interestingly, more than half (51%) who are implementing automation say the solution includes using AI to identify and abstract lease data.”

 

  • The International Association of Privacy Professionals (IAPP) published, Should we create a certification for AI ethics? “Matthew Stender, a Berlin-based tech ethicist and researcher: ‘…(C)ertainly in the U.S. — regulators’ hands were tied by trade secret laws and the ‘speech is code’ model. ‘For me, the idea of voluntary technical standards provide an interesting alternative to national legislation,” he said.'”

 

  • From Littler: Thought Leaders Predict AI’s Impact on the Workforce. “The consensus of Roundtable participants is that while automation is likely to displace workers in many occupations, it also will spur enormous demand for workers in both existing fields and in new occupations that technological change will generate.” The seven-page report is here.

 

  • Lord Chief backs “smartphone justice” but not so keen on AI. “There is no reason why our online courts and justice systems cannot deliver effective and accessible justice direct to the citizen. Both the Lord Chancellor and I (Lord Chief Justice Burnett) are in agreement on this.” “AI, however, is one area where, while much has been done, we are in the foothills, rather than the uplands, of understanding how and where it can properly be utilised.” More here.

 

  • From Emilie Ducorps-Prouvost of Soulier Avocats: Labor Law And The Challenges Of Artificial Intelligence: 3rd Part Of A Trilogy. “Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace.” The article and links to first two parts here.

 

  • Detroit Legal News published: Artificial intelligence in health care: What you need to know. The article includes specific applications and general discussion. And: “It’s all about the data“. “There’s no question that AI can process and analyze information at a rate far beyond any human capacity, but human intellect still remains a key component-not just in further training the algorithm or interpreting the information that’s presented, but in making the connections as how to best use that information in the future.”

 

  • Giangiacomo Olivi of Dentons posted: Artificial Intelligence meets AdTech: digital disruption, data privacy and future perspectives. “AI will boost AdTech one-step further and introduce scenarios that will challenge current legal and industry standards, while requesting new and more dynamic approaches to online advertising. So, how is this going to happen and at what future perspectives should we expect?”

 

  • Here’s an interesting essay from : How AI and analytics made the billable hour redundant. “If predictive analytics and AI kill off the billable hour for good, they may also prove to be the saviour of a profession that has been under pressure to change for years.”

 

  • Cadwalader posted: LabCFTC Explains Functionality And Risks Of Smart Contract Technology, but did not include a link to the report, which I found here. It’s a pretty deep dive (32 pages).

 

  • Tiffany Quach and Stéphanie Martinier of Proskauer posted: Is Blockchain Technology Compatible With GDPR? French Data Protection Regulator Provides Guidance. “To address tensions between blockchain technology and the GDPR, Commission Nationale de l’Informatique et des Libertés (CNIL), the French data protection regulator, published an initial report analyzing certain fundamental questions regarding the interaction between blockchain technology and the GDPR’s requirements (the “Report”). The Report was the first guidance issued by a European data protection regulator on this topic.”
  • It seems the FCC plans to have a rather light touch when it comes to regulating AI. “FCC chair Ajit Pai signaled that when it comes to artificial intelligence and machine learning, the FCC was smart enough to exercise regulatory humility, particularly given that the technology could revolutionize communications, but registered concern about AI potentially perpetuating biases in decision-making.” More here.

 

  • Here’s more coverage of LexisNexis’ new Context tool: New Data Analytics Tool Knows Every Federal Judge’s Favorite Cases. “This kind of data—for every federal judge and for 100 different types of motions—is now available to litigators at the click of a mouse through a launch on Thursday of LexisNexis Context, the result of the legal giant’s purchase of Ravel Law in mid-2017. Context will be available as an added purchase in the Lexis Advance suite.” Bob Ambrogi’s take is here.

 

  • Hogan Lovells has been tracing the California Consumer Privacy Act, and here‘s their latest post (with links to their others): California Consumer Privacy Act: The Challenge Ahead – The Impact of the CCPA on Data-Driven Marketing and Business Models. “The breadth of personal information covered by the CCPA, going beyond what is typically covered by U.S. privacy laws, will complicate compliance and business operations.”

 

  • 2019 may be the year for something GDPR-ish in the US: Federal Data Privacy Legislation Is Likely Next Year, Tech Lawyers Say. “Why now? More companies appear to be growing concerned with the idea of having a jumble of federal and state data privacy and cybersecurity laws, especially with the passage of the California Consumer Privacy Act of 2018 in June of this year. However, the California law will not fully take effect until 2020. There are also several different laws governing data privacy by sectors, such as the Health Insurance Portability and Accountability Act and The Fair Credit Reporting Act.” Much more from LAW.com here.

 

  • From Ashurst: A more reasonable approach to internal investigations. “Even investigations by authorities (known as ‘dawn raids’) are primarily carried out using e-discovery today. The authorities first request access to all the company’s servers, demand the surrender of digital storage media and, if applicable, request access to any cloud infrastructure. These can accurately be referred to as ‘e-raids’.”

 

  • Starting Today, Columbia’s Professor Daniel Guetta Uses Evisort to Teach Text Mining in New Artificial Intelligence MBA Course. “Columbia Business School data scientist Professor Daniel Guetta, Director of the Business Analytics Initiative at Columbia Business School and Columbia Engineering, has published a case study about Evisort, an Artificial Intelligence (AI)-enhanced document management and data analytics solution for contracts developed by Harvard Law and MIT researchers” Story here.

 

  • It has been too long since I have written, “it’s all about the data“, so here’s a reminder from Pepper Hamilton’s Joseph C. Guagliardo: “What’s critical to a lot of these machine learning and AI devices is the information that’s given to the algorithms to make them smarter and train them ….” “It’s not just about the algorithms, it’s about the data that’s feeding them.”

 

  • Here’s Sheppard Mullins’ Reid Whitten, J. Scott Maberry, Curtis Dombek and Lisa Mays‘ take on the new US tech export controls: The Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls on Emerging Technologies. (<– That’s just the title, not the whole article.) “Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive manufacturing, robotics, brain-machine interface, advanced materials, and surveillance.”

 

  • This, from MoFo: Counsel’s Guide to AI in the Board Room. “…(D)irectors and their counsel should look to take advantage of the best  technology and information available to them in order to drive shareholder value. In times of change, remember to stick to the fundamentals and help boards, as their counsel, make fully informed, good-faith decisions.”

 

  • From Seyfarth, Wave Of The Future: The Effect Of AI And Robotics On Commercial Real Estate. Several specific applications are discussed in some depth.

 

  • And Littler posted this podcast: Embrace or Rage Against the Machine? The HR Costs and Benefits of Automation. “The use of automation, artificial intelligence, and robotics to make or provide products and services is no longer uncommon. But what about the use of these tools in making hiring and other employment decisions?”

 

  • This, from Madgwicks‘ Dudley Kneller: Legal frontiers: From AI to ethics. “Positive results have already been achieved by algorithms within a confined remit but ongoing supervision of data handling practices as well as the application of AI technology is required.”

 

  • There’s an interesting bit of research coming from Oxford University. “…(T)o look at using artificial intelligence to increase processing times, improve customer engagement and unlock new potential in accountancy, legal and insurance services.” “Unlocking the Potential of AI for English Law (Oxford) will look at existing challenges to implementing AI in legal services and how to unlock its potential for good. The project will bring academics, lawyers, businesses and programmers together to develop the skills, training and codes of practice to deliver these benefits. The team will gather best practices across the world, outline data challenges, identify where and how AI can legitimately resolve disputes and map the frontier of AI in legal reasoning.” More here and here.

 

  • This, from Legal Futures: “… Lord Chancellor (David Gauke) yesterday hailed the impact of alternative business structures in driving competition and fostering innovation in the legal market. (And) also praised the way that law firms are embracing technology to maintain the UK’s international position.” “We have also seen PwC’s UK legal practice reach a headcount of 320 and generate revenue of £60m. That puts it just outside the UK’s top 50 law firms in its own right.”

 

  • Oh Lordy. It’s only the first business day of December and the onslaught of 2019 AI prognostications has already begun. To say you time, I’ll try to bunch them, and only include those I find really interesting. Such as:

– Recruitment trends in tech for 2019: Machine learning, AI and predictive analytics. There’s some interesting stuff re HR here.

– If you’re at all interested in Marketing, I expect you’ll find these interesting: Annual Predictions For Marketers: From AI To Politics To Augmented Intelligence To Orchestration.

– These seem well-reasoned: 5 Important Artificial Intelligence Predictions (For 2019) Everyone Should Read. :…(W)hen it comes to doctors and lawyers, AI service providers have made concerted effort to present their technology as something which can work alongside human professionals, assisting them with repetitive tasks while leaving the “final say” to them.”

 

From Artificial Lawyer:

– Clause Creates Smart Contract Template For IoT Devices. Post here.

– ‘Lawyers, Be Truly Curious About Legal Tech’ – Kerry Westland, Addleshaw Goddard. Post here.

 

Blockchain

  • Amazon’s AWS has launched a new service that “is going to make it much easier for you to use the two most popular blockchain frameworks,” said AWS CEO Andy Jassy. He noted that companies tend to use Hyperledger Fabric when they know the number of members in their blockchain network and want robust private operations and capabilities. AWS promises that the service will scale to thousands of applications and will allow users to run millions of transactions (though the company didn’t say with what kind of latency).” Coverage here, here, here and here.

 

  • Blockchain Smart Contracts Subject to Financial Laws, Says CFTC Primer. “One of the top U.S. financial regulators, the Commodity Futures Trading Commission (CFTC), has released its second guide to understanding smart contracts, with a reminder that the technology is covered under financial rules.” Details here.

 

  • Ohio ‘rolls out the red carpet’ for blockchain businesses by accepting bitcoin this tax season. “As of Monday, Ohio became the first state where business can pay their taxes in cryptocurrency. (Ohio’s state treasurer Josh Mandel) said the decision was twofold: It increases “options and ease” for taxpayers, and it opens the door to software engineers and tech start-ups.” Coverage from CNBC here.