• 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 postedAI 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 postedAgencies 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 OliviAI 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 postedChallenges 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 releaseElevate Acquires Sumati, Expanding Capabilities and Scale in Contract Lifecycle Management Support.

 

  • Press releaseXDD 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 AgeArtificial 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 postedHow 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.”

  • 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 AshurstA 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 WhittenJ. Scott MaberryCurtis 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 SeyfarthWave 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 podcastEmbrace 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 MadgwicksDudley KnellerLegal 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.
  • O’Melveny is getting a lot of coverage of its recent announcement that it will use neuroscience-based games in its recruitment process. See stories here, here, here and here.

 

  • This post was prepared by Kurt Watkins of Contextum and Matthew Savare of Lowenstein Sandler and published by the ACC via Lexology: The Rise of Artificial Intelligence and its Impact on General Counsel. It’s a solid deep dive and includes specific advice for GCs. “The technological advancement of AI and its concomitant increased adoption in the legal profession cannot be stopped. For many years, lawyers believed that AI would not impact them or their profession. Think again. In order to stay ahead of the proverbial curve, general counsel need to understand this transformation, adjust their ways of thinking….”

 

  • Seyfarth’s Hannah L. JacksonRaymond Tran and Theodore E. Woodward postedWave Of The Future: The Effect Of AI And Robotics On Commercial Real Estate. It’s a solid, rather in-depth look. “Advancements in AI robotics and integration with the IoT have the potential to change the way that commercial properties are owned, leased, managed and operated in the future.”

 

  • The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth recently published the first report in its project on Artificial Intelligence (“AI”) and Data Protection: Delivering Sustainable AI Accountability in Practice. The report, entitled “Artificial Intelligence and Data Protection in Tension” aims to describe in clear, understandable terms: what AI is and how it is being used all around us today; the role that personal data plays in the development, deployment and oversight of AI; and the opportunities and challenges presented by AI to data protection laws and norms.” Overview here.

 

  • This, from DLA Piper: International Trade Alert. “The Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM) on November 19, 2018 requesting public comment on identifying ’emerging technology.’ Under the Export Control Reform Act of 2018 (ECRA), which was signed into law on August 13, 2018, the Department of Commerce is authorized to establish export controls on emerging and foundational technologies under the framework of the Commerce Control List (CCL). In the ANPRM, BIS indicated that it will issue a separate ANPRM for ‘foundational technology’.”

 

  • The Alliott Group (Maciej Kokotposted: An Alternative Perspective On Use Of Artificial Intelligence In Professional Firms. “This article, written by Alliott Group Polish accounting and law firm member ALTO, provides an alternative perspective on AI’s role in the mid-size firm. Authors Maciej Kokot and Wojciech Kokot propose we question the preconceptions and fears we have surrounding AI, and instead invite accountants and lawyers to familiarise themselves with its capabilities. From automating rudimentary accounting services to streamlining first-line support using chatbots, this article outlines why we have every reason to feel positively about the rise of AI.”

 

  • This post is from Switzerland’s Bär & Karrer‘s Andrew M. GarbarskiThe Sealing Of Evidence Under Swiss Criminal Procedure Law. “The fast-changing technical landscape and the potentially endless capabilities of artificial intelligence may ultimately offer better solutions for judicial authorities and practitioners alike. However, in the meantime, both must turn towards the case law of the SFSC to find practical ways of dealing with the increasing complexity of unsealing procedures.”

 

  • If you’re interested in how the Skunkworks approach to innovation adoption can work at a law firm (I am!), check out this podcast interview with Orrick’s Chair, Mitch Zullie.

 

  • Here’s a rather academic piece from the University of Toronto — Faculty of Law’s Benjamin Alarie, Anthony Niblett and Albert YoonHow Artificial Intelligence Will Affect the Practice of Law. “In the short run, we can expect greater legal transparency, more efficient dispute resolution, improved access to justice, and new challenges to the traditional organization of private law firms delivering legal services on a billable hour basis through a leveraged partner-associate model.” “In the longer term, it is difficult to predict the impact of artificially intelligent tools will be, as lawyers incorporate them into their practice and expand their range of services on behalf of clients.”

 

  • “A subsidiary of the German arm of Clifford Chance has entered into a partnership to advance the development of an AI platform. Clifford Chance Tech GmbH and German firm EVANA will work together to enhance EVANA’s platform for corporate law and M&A transactions.” More here, here and here.

 

  • In this post, Law Society Council member, addresses the question, “…if you are going to receive advice or even representation from either a solicitor or a robot with artificial intelligence, should the criteria for the product be the same in each case?” Interesting read.

 

  • Dentons’ Todd D. DaubertPeter G. FeldmanJason M. Silverman and Michael E. Zolandz posted: BIS Begins Process For Export Controls Of “Emerging And Foundational” Technologies: What Tech Companies Need To Know. “On November 19, the Commerce Department’s Bureau of Industry and Security (BIS), which controls the export of sensitive dual-use and less-sensitive military goods and technology, took an important preliminary step in establishing the review and control process required under ECRA. The agency published an advance notice of proposed rulemaking (ANPRM), soliciting comments from the public on specific matters related to identifying and controlling emerging and foundational technologies.” More here.

 

  • Also from Dentons (this time, Eric J. TanenblattCrawford Schneider and James A. Richardson): Autonomous Vehicles Start Act Legislative Update. “Republicans are eager to finally advance a light-touch autonomous vehicle regulatory framework after the proposal has languished for more than a year in committee over cyber and safety concerns.”

 

  • Here’s part 6 of Mintz’ Strategies To Unlock AI’s Potential In Healthcare, Commercialization Of AI Tools In Healthcare – The Challenge Of Securing Adequate Data Rights.

 

  • A blog on behalf of CILEx Regulation by Eve Dullabh, managing director of the Law Training Centre in Kent: Reality versus the robot lawyers. “…(L)egal training will be required to adapt accordingly to provide the skills to the modern lawyer in order to remain indispensable in the era of AI technology. Cyber-security training, management of risk training and coding will, inevitably, become part of every lawyer’s legal training and, already, some of the top firms in the country have recognised this and instructed that all their trainees undertake coding training. The future is now and embracing the evolution of the new legal era will prepare us for the things to come.”

 

  • Steven D. Lofchie of Cadwalader postedFRB Governor Brainard Focuses On Risks And Supervisory Approaches Associated With AI. “Federal Reserve Board (“FRB”) Governor Lael Brainard urged firms to be mindful of risks associated with artificial intelligence (‘AI’) innovation and advised regulators to remain diligent in the quest to understand and regulate the use of AI by supervised firms.”

 

  • Also from Steven D. Lofchie, FDIC Chair McWilliams Urges More Collaboration On FinTech. “In remarks delivered at the FinTech and the New Financial Landscape Conference, Ms. McWilliams underscored that innovation is expanding bank access to more customers, and that new technology has enhanced ‘customer experience, [lowered] transaction costs, and increase[d] credit availability’.”

 

  • WilmerHale‘s Timothy Syrett and Natalie R. Pous prepared this articleThe Developing Landscape Of Internet Of Things Standards For Cars, “the first in a series of five articles written by WilmerHale discussing how the emergence of IoT technologies will impact the automotive industry. “The Internet of Things (IoT) refers to the connection of a multitude of devices through the Internet to collect and exchange data. One area of particular promise for the IoT is cars. Exchanges of data between cars on a street, between cars and pedestrians crossing the street, between cars and traffic lights on the street, and between cars and the Internet could improve safety, reduce traffic, save fuel, and make for a more entertaining drive.”

 

  • And here‘s a closely related article, also from Wilmer (this time by Christian DuvernoyFrédéric LouisDr. Martin BraunAnne ValleryItsiq Benizri and Naboth van den Broek): The European Commission Launches A Public Consultation On Connected And Automated Vehicles. “The ambition of the European Union (“EU”) is to become a world leader in the deployment of connected and automated mobility. The EC believes that driverless mobility and connectivity will help bring down the number of road fatalities and reduce harmful emissions and congestion. In this context, the EC published a Communication in which it identified the actions it would take to guide the sector and EU countries to reach its objectives. One of these actions is to issue a Recommendation to complement the regulatory framework for connected and automated mobility and to help EU countries achieve a coordinated approach in this respect.”

 

 

 

  • From Jones DayDriverless, Networked Vehicles on the Rise, French Liability Regulations Lag Behind. “The Situation: Autonomous cars with incorporated artificial intelligence (“AI”) are now a reality whereas French regulations have yet to adjust. The Issue: The phenomenon of new autonomous cars using AI gives rise to questions about how product liability principles will apply and adapt thereto. Looking Ahead: Carmakers should already be considering what liability risks could be created by incorporating AI in autonomous cars and how to mitigate such risks.”

 

  • Andy Neill of HighQ postedWhat’s artificial about ethical AI in the law? Everything. “Lawyers are trained and have studied ethics. They must be utilised to succeed in creating ethical AI programs.” It’s an interesting read.

 

  • Here’s an important and useful study conducted by Dentons: Dentons submits results of research into the development of global legislation in robotics, AI and cyberphysical systems. “Dentons global law firm has carried out unique, large-scale research of the development of law and legislation on robotics, artificial intelligence and cyberphysical systems. The research was commissioned by the Competency Center for Statutory Regulation of the Digital Economy, which operates at the Skolkovo Foundation. It is the first such research done in Russia.”

 

  • This post is from Hungary’s KCG Partners Law FirmFree Flow Of Non-Personal Data In The European Union. “According to the communication of the European Parliament, the Council of the EU will adopt the regulation in the coming weeks, before it will enter into force by the end of the year. The Member States will have 6 months to apply the new rules from the date of the formal adoption of the regulation.”

 

  • Here’s a taste of what to expect at the “Emerging Legal Departments: Legal Tech 101” roundtable (Evolve the Law, Above the Law’s Legal Innovation Center at Logikcull’s San Francisco headquarters) on December 5. Monica Zent and Stephanie Corey will lead the discussion.

 

  • From José Santacroce of Moeller IP Advisors we have: The European Patent Office (EPO) Publishes New Guidelines On Computer-Implemented Inventions (CII). “…(T)he new EPO CII Guidelines include for the first time new sections on Artificial Intelligence (AI) and Machine Learning (ML), and on Simulation, design or modelling.” Post here.

 

  • Philip Cupitt of Marks & Clerk posted: Artificial Intelligence: Is Your Business Ready? “Our own research at Marks & Clerk reveals that more than 78,000 patent applications relating to AI were filed around the world in 2017. On current trends, we’ll see around 86,000 such patent applications filed in 2018, which represents almost a twofold increase in the past decade.”

 

  • Government invests to research how AI can improve the law was posted on Legal Futures by Dan Bindman, “The government is funding research into the potential for artificial intelligence (AI) to improve the legal system, with a warning that, if the technology is mishandled, it could have dire consequences. The Department for Business, Energy and Industrial Strategy (BEIS) will fund three research projects into aspects of AI costing £3m, of which ‘Unlocking the potential of AI for law’ is one.”

 

  • HBR Consulting postedLaw firms must act with urgency to keep pace with law department analytics maturity. “…(L)aw departments are gathering, centralizing and sharing more data than ever, and many law firms are lagging behind.”

 

  • Law schools are often (and often justifiably) accused of not keeping pace with innovations in the business of law. But here are some noteworthy exceptions: You Think Legal Education Can’t Change? 8 Innovative Ideas from Law Schools.

 

 

From Artificial Lawyer:

– Few GCs Have ‘Digital Transformation Skills’ – LawGeex Report. Link.

– Nordic Law Firms Go All-In For Legal AI, (Especially Luminance), But Why? Link.

– UK Gov + MoJ Back Major Research Project to Boost Legal AI Use. Link.

– Relativity Partner QDiscovery Buys Evidox in eDiscovery Consolidation Move. Link.

 

Blockchain

 

  • Smart Contracts May Have Weaknesses. This Tool Helps Find Them. “ released a blockchain security monitoring service that includes a tool by ConsenSys Diligence allowing users to scan smart contracts for vulnerabilities.” Story here.

 

  • Pinsent Masons postedMEPs call for business GDPR ‘guarantee’ on using blockchain. “Businesses should not begin using blockchain technology to process personal data until they can ‘guarantee compliance’ with EU data protection laws, a committee of MEPs has said.”

 

 

  • This, from Sheppard Mullin: United States: The Hammer Falls On The First Major Blockchain-Based Art Auction. “Christie’s made history again last night during its evening sale, An American Place: The Barney A. Ebsworth Collection, at 20 Rockefeller Center in New York. This time, the history was not in the form of a record-setting sale (though the sale brought in $317.8 million), but as the first major art auction to be recorded by distributed ledger technology.”

 

 

  • Here’s a blockchain milestone: “Abu Dhabi-headquartered Al Hilal Bank has carried a blockchain-based transaction for an Islamic bond worth $500 million. The bank, an investment arm of the Abu Dhabi government, announced Monday that it settled the Islamic, shariah-compliant bond, or sukuk, worth $500 million on the secondary market, using blockchain tech.”

 

  • And here’s another: Real Estate on the Blockchain: $20 Million Sale ‘. “In the first offering of its kind, U.S. investors can now acquire a piece of South Carolina real estate in the form of blockchain tokens. The tokens represent ownership in a luxury student residence called The Hub … which is located near the University of South Carolina in the state’s capital.”

 

  • This is an interesting article from the December issue of the ABA JournalWhat do AI, blockchain and GDPR mean for cybersecurity? “…(W)e close this series by looking around the bend to understand how major emerging technologies will affect cybersecurity in the coming years. While experts disagree when technologies such as artificial intelligence and blockchain will play a larger role in cybersecurity and data protection, there is broad agreement that their roles will be pivotal. This could, in turn, create new solutions, risks and regulatory headaches.”
  • Some recent posts report some variation of: “Legal Industry in Last Place in AI, Machine Learning Adoption, According to RELX Survey“. I can’t find the study’s detailed results or methodology, but from what I see best case accuracy is +/-8%, so all 6 industries are probably in a statistical tie. Here’s an example of such reporting. Let the reader beware.

 

  • Yanbin Xu of Finnegan postedStrategies For Blockchain Patent Applications. (I’d say more, but the article is only available in Chinese.)

 

  • Yalonda T. Howze of Mintz posted (in English!): Strategies To Unlock AI’s Potential In Health Care, Part 5: Product Liability Prevention For AI Product Designers—And Their Lawyers. “From my experience in working with outside counsel, in-house counsel, designers and engineers, it has become apparent that safer product design and the minimization of product liability exposure in the AI space requires a collaborative, systematic and iterative protocol. Ultimately, this approach helps to better protect the user, the brand, and the company.”

 

  • Yesterday I had a post from Wales, so today, here’s one from Scotland: In 2050: Education – Equipping Our Learners For The Future, from Neil Maclean of Shepherd and Wedderburn. “As part of Shepherd and Wedderburn’s 250th anniversary, we commissioned the Fraser of Allander Institute to undertake a research project to identify how Scotland might best position itself for the future. The initial scene-setter report can be found here.”

 

  • This is a very deep dive by Fichte & Co.: Demystifying the Financial Regulatory Landscape in the UAE. “The areas that Fintech Hive encourages include big data analytics & protective modeling, robo advisors, biometric & digital identification, the blockchain, P2P & crowdfunding, cybersecurity, artificial intelligence & machine learning, InsurTech, Islamic fintech and RegTech.”

 

  • Meanwhile in India: Redesign ICAI (Institute of Chartered Accountants of India) For The Contemporary World. “PwC and Deloitte are respectively the sixth and seventh largest legal services providers in the world. Accounting firms have an edge in using artificial intelligence and machine learning. The committee’s proposal to allow MDPs will enable audit firms to provide integrated services. Safeguards are necessary to maintain independence.”

 

  • Marine Giral and Herbert Smith’s Shaun McVicar penned: The blockchain revolution and what it means for pharma. “With the development of data driven artificial intelligence, increasingly complex decision could be automated, and implemented without delay. Blockchain transactions are immutable, which makes it virtually impossible to alter or selectively report clinical trial results and could ensure greater transparency and trust in reported outcomes.” There’s quite a lot about blockchain in the article.

 

  • Orrick’s Daniel Nathan and Jorge Pesok postedA Foreboding View of Smart Contract Developer Liability. “On October 16, 2018, Commissioner Brian Quintenz of the Commodity Futures Trading Commission explained his belief that smart contract developers can be held liable for aiding and abetting CFTC rule violations if it was reasonably foreseeable that U.S. persons could use the smart contract they created to violate CFTC rules.” ” In his speech, Commissioner Quintenz provided valuable insight into how one regulator is thinking about applying existing laws to this new market.”

 

  • From the ‘Who’d a Thunk It’ department, Bob Ambrogi went to Moscow and discovered legal tech startups! Dispatch From Russia: Legal Tech Startups Emerge, But Adoption Lags. “Cyrillic doesn’t do AI any favors.” That’s just one footnote to Bob’s very interesting story here.

 

  • For this small, informal survey from the UK, “Jomati interviewed 29 innovation heads from 24 practices and ‘explored the innovation and legal tech strategies of dozens more law firms’.” “While some pioneering law firms had decided firmly, for instance, on adopting artificial intelligence (AI) technology, others were waiting until its cost advantages over outsourcing were more certain before taking the plunge.”

 

  • The Baker McKenzie report Ghosts in the Machine: Revisited I reported last week is getting quite a few mentions in legal and financial publications. Here’s an example. And here.

 

 

  • A couple of months ago, Artificial Lawyer covered the blockchain-based contract software by Chainlink. Now even the MIT Technology Review is taking notice: Blockchain smart contracts are finally good for something in the real world. “A startup says it has tackled a long-standing problem that has kept smart contracts from responding to actual events.” “Using cryptography, the Chainlink service provides proof on the blockchain that the data is in fact the information it committed to delivering. Customers can pay for different levels of decentralization, and the nodes can make money in return for submitting data. Nazarov says the combination of Chainlink’s software with the Town Crier hardware system is the first ‘provably secure, decentralized oracle network.'” Story here.

 

  • This is pretty cool: “The Open Data Institute (ODI), co-founded by the inventor of the web Sir Tim Berners-Lee, is to launch two of the first ever government-backed Data Trusts in the world, with the purpose of training AI systems underpinned by a specific legal structure.” “Data Trusts, which are legally constructed entities, are seen as the answer and help form a regulated bridge between the collected data and the AI companies (or other tech companies such as smart contract developers), while retaining public trust.” More from Artificial Lawyer here.

 

  • Also from the UK  via Computer WeeklyPutting the UK at the forefront of ethics and innovation in AI and data. “Stellar British firms are using artificial intelligence (AI) to help defend against cyber attacks and law firms are adopting the technology to help lawyers do legal searches and draft documentation. But we know the huge rise in the use of data-driven technology must be backed up by a strong ethical framework so it delivers the best for people.” This piece is by Jeremy Wright, Secretary of State for Digital, Culture, Media and Sport (aka, “Culture Secretary”).

 

  • Several firms have posted in the past couple of weeks about moves by various US Government agencies and departments to regulate or at least study AI and related topics. Here’s a sampling:

From GoodwinU.S. Government to Define ‘Emerging Technologies’, impacting CFIUS and Export Controls.

From Sheppard MullinThe Little Regulation That Will Make a Big Change in How You Do Business: Department of Commerce to Establish New Export Controls on Emerging Technologies.

–  From DechertNew Government Regulation of Emerging Technology.

From SkaddenUS Department of Commerce Solicits Comments Regarding Emerging Technologies That Are Essential to US National Security.

From LathamDeep Dive on Deep Learning: FTC Considers Artificial Intelligence.

From DLA PiperA New Chapter in Stress Testing. “While noting that emerging artificial intelligence technologies offer many actual and potential beneficial applications for banking, Fed Board Governor Lael Brainard said that financial services ‘firms should be continually vigilant for new issues in the rapidly evolving area of AI.'”

From Davis PolkNewsflash: FTC Hearings 5, 6 and 7 on Competition and Consumer Protection in the 21st Century.

From Holland & KnightFTC Kicks Off New Consumer Protection Hearings: Focuses On The Use Of Big Data And Artificial Intelligence.

– From Squire Patton BoggsDigital Health Update: Recent FDA Cyber Initiatives.

From CadwaladerFDIC Chair McWilliams Urges More Collaboration On FinTech.

 

  • 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.