• Lawyers Are Drowning in Data. What Can They Do About It? “The ‘Why Lawyers Are Adopting AI Faster Than You’ panel at this year’s Legalweek will examine at how firms can use AI to find the needle in some pretty big data haystacks.” Link.

 

 

 

  • Briefing: China looks to build ‘smart courts’ with AI. “A Shanghai court has adopted an artificial intelligence-enabled assistant to help improve courtroom efficiency and accuracy.” Post.

 

  • This software thinks like a lawyer—so you don’t have to pay one. “A Chicago law firm (Actuate Law) is rolling out a subsidiary that offers clients software designed to mimic their lawyer’s thinking—at a fraction of the price.” “….(I)ntelligent software that walks them through whether they have a legal obligation to report a data breach.” “Although Quointec has no outside funding so far, the partners created the new venture to allow for such investment in the future without violating professional regulations.Post.

 

  • LawNext Episode 26: Mark Cohen’s Strategies for the Global Legal Marketplace. “On this (hour-long) episode of LawNext, Cohen joins host Bob Ambrogi to talk about a range of topics. They discuss Clearspire and the lessons Cohen learned from that. They also talk about what Cohen sees as the “skills gap” in law and why it is that law schools and law firms are failing to address it. In the fact of a rapidly changing global legal economy, Cohen offers insights on how law firms should adapt.” Post.

 

  • From The Law Society GazetteAccountants winning in ‘rapidly expanding’ alternative legal services market. “So-called alternative legal service providers – including the Big Four accountants – are growing more quickly than previously predicted and moving up the value chain, research on both sides of the Atlantic reveals today. The new entrants, offering such services as litigation support, legal research and document review with the help of new technology now make up a $10bn (£7.6bn) a year market, the Thomson Reuters study found.”

 

  • Also from The Law Society Gazette: How legaltech can help you compete against larger firms. “Continuing the discussion on the evolution of the legaltech sector and how it could revolutionise the legal industry, Law Society partner and equity crowdfunding platform Seedrs explains how the rise of legaltech is closing the gap between large and small legal firms.” Post.

 

  • I thought the 2019 forecasts were behind us, but here’s an interesting report from CBInsightsArtificial Intelligence Trends. Lots of infographics.

 

  • This lawyer got a gig in Silicon Valley by promising to automate a lot of legal grunt work — now he’s got his own company. “Wouldn’t it be great if you could have associates who could code and automate their own jobs and would make the firm more efficient?” Post.

 

From Artificial Lawyer:

  • New York Bulletin: Data is Not the New Oil + LSBs Are Splitsville. Story here.

 

  • Pew: How Stanford + Suffolk Law Schools Are Improving NLP for A2J. Story here.

 

  • TR: ALSP Market Now $10 Billion-Plus, Law Firms Major Customers. Story here.

 

  • New York Bulletin – AI Workshop + Do We Need an FDA for Algorithms? Story here.

 

  • Australia Launches ALTACon Legal Tech Conference. Story here.

 

  • Legal AI – Its Definition and Its Value to the Legal World. Story here.

 

  • Global Insurer Allianz Launches Injury Claim Automation Tool. Story here.

 

  • ALM – Legal Market Will Split In Two + ALSPs Will Grow – NY Bulletin Extra. Story here.

 

Posts by Law Firms:

  • Alston & Bird: … Teams Up with Georgia State University on Data Analytics.Alston & Bird and Georgia State University have announced a joint effort to develop broad-based competency among the firm’s attorneys in leveraging data science and analytics to help drive new levels of client service and satisfaction.” Post.

 

  • Andrea PerronaceTechniques for Patenting Blockchain in Europe, the United States, China and Japan. Post.

 

  • Baker Donelson: 90-minute CLE video post: Analyzing the Impact of Artificial Intelligence in Legal. (5 ‘Micro-Presentations’.) Post. (Poor audio.)

 

 

 

 

 

  • Baker McKenzieThe Year Ahead – Innovation: A new generation of legal analysis tools is emerging. Post.

 

 

  • Dentons: Chloe A. SniderSmart Contract Series – Legal Implications For Consideration, Part 1: Definition And Enforceability. Post.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Press Releases, Posts and Articles by Vendors:

 

  • Clio releases new client management platform to ‘help lawyers ensure the future success of their business’. Post.

 

  • Allianz to use Artificial Intelligence to deliver a true end-to-end automated solution for Stage 3 injury claims. Post. — and — “Allianz Insurance has launched a new digital platform that uses artificial intelligence (AI) to enable its injury claims handlers to process Ministry of Justice Stage 3 claims at a single click of a button.” Story here.

 

  • Thomson Reuters: Introducing Litigation Analytics. “Unlock data-driven insights on judges, courts, attorneys, law firms, and case types to better develop case strategy and manage client expectations.” Post.

 

  • Relativity Brings Reduced Data Fees, Unlimited Analytics, and a More Flexible Licensing Model to RelativityOne Customers. Post.

 

  • Emerging from Harvard Law/MIT, Evisort AI Tech Company Posted Tremendous Growth in 2018, Announces Upcoming New Product Launch. Post.

 

  • Zero Now Helps Lawyers Bill More Time in Bellefield, Intapp, Carpe Diem and Other Time Entry Tools. Post. — and — Ryan Steadman of Zero: Business as Usual: 5 Law Firm Activities AI will Seamlessly Transform. Post.
  • Legalweek (formerly Legaltech) is just a few days away, so here’sA Beginner’s Guide To The Biggest Week In Legal Technology.

 

  • Data & Analytics: Transforming Law Firms” has just been published by ALM Intelligence and LexisNexis. Here’s an executive summary and link to the report.

 

  • Here’s a fresh essay about law firm innovation from  of Thomson Reuters Legal Managed ServicesGreasing The Gears Of Legal Commerce — Automatic, Systematic, Hydromatic (alt.legal) Innovation. “CLOs indicated that nearly 25 percent of outside counsel fees are “price-insensitive.”

 

  • The Big 4 continue their relentless march into legal. I skip most of these posts, but this one specifically mentions AI: KPMG expands Asia Pacific legal services. “It will also offer technology enabled legal services, using robotics, artificial intelligence and other technologies developed globally and in China through the KPMG digital ignition centre.”

 

  • This is an interesting post by Charles P. Edwards of Barnes & Thornburg: The Noisy Business of the Law and Insurance Claims. “…(T)he idea we humans are needed for most decisions is an ‘illusion.'”

 

  • Here’s a good example of a law firm (Amsterdam’s De Brauw) using tech as a differentiating marketing strategyHop on board and experience the value of legal tech and project management.

 

  • Bob Ambrogi posted this 47-minute podcast: LawNext Episode 25: Using AI to Enhance Virtual Receptionists, with Smith.ai.

 

  • From Arup Das of Alphaserve Technologies, here’s an interesting discussion of the age-old build vs. buy conundrum: How to Approach Legal Innovation: Options for Every Firm.

 

  • This is a thought-provoking post: Can Deepfakes Pose a Cybersecurity Threat to Legal? ““Deepfakes are real and emerging as an issue but they, like certain types of technology, could emerge very quickly; we talk about this today and it could be a very big deal in six months or it could be nothing,” Reed Smith’s Stegmaier cautioned. “We simply don’t know.””

 

  • This hour-long podcast is from the Lawyerist: “In this episode with Natalie Worsfold, we talk about her law firm’s approach to law practice, and why more firms aren’t following suit. We start by asking Natalie what problem Counter Tax was trying to solve, then explore how they solved it, what their solution does now, and the plans they have to evolve and grow their solution.”

 

  • This is an idea I have been kicking around for a while. Nick Hilborne gives it the thought I believe it’s due: “Reproduction of the legal profession” at risk from automation. “If junior associates are ‘gradually culled’ from law firms as a result of automation, the entire reproduction of the legal profession could be jeopardised….'” And here’s a US write up of the same issue: Junior Lawyers Are Going Extinct And Nobody Knows What To Do About It.

 

  • AI Goes to Court: A Conversation With Lex Machina and Dorsey & Whitney. Post here.

 

From Artificial Lawyer:

  • The Benefits of the LexisNexis LegalTech Accelerator. Post here.
  • EY and Artificial Lawyer Hold Legal Ops + Technology Event.  Post here.
  • Slaughter and May Names 3rd Fast Forward Cohort, Inc. Blockchain Co. Post here.
  • Meet ATJ Bot – The World’s First Legal Aid Voice Assistant. Post here.
  • How to Build Your Business Case For Contract Management – The Juro Guide. Post here.
  • Oz + NZ Professional Services Startup of the Year Award Launched. Post here.
  • Legal AI Co. CourtQuant Predicts Hard Brexit Impact on British Law. Post here.
  • Christian Lang + Former TR Boss, Tom Glocer, Join Reynen Court. Post here.
  • GCs Keen To Embrace Tech Tools + Legal Ops Skills – Survey. Post here. (Note: This story is based on a survey where n=80. Assuming no other methodological problems [big assumption!], this means that in all of the findings each number is well within the margin of sampling error of the statistics above and below it on the graphs.)
  • Meet Fincap Law: A New Tech-Driven Firm For the New Legal Era. Post here.

 

Posts by Law Firms:

 

 

 

 

 

  • Eric A. Klein and Aytan Dahukey of Sheppard Mullin posted: Day 2 Notes From The 2019 JPMorgan Healthcare Conference. “We are seeing a lot of healthcare entities starting to focus on precision medicine – artificial intelligence suggesting which oncology drug works best for your specific genetic condition and cancer – but that essentially is a transactional function. And the market really wants a partnering function ” Post here.

 

 

 

  • From Reed SmithDraft ethics guidelines for trustworthy artificial intelligence published by the European Commission. Post here.

 

 

  • Akin Gump postedPolicymakers Focused on Artificial Intelligence, Write Akin Gump Lawyers in The Journal of Robotics, Artificial Intelligence & Law.

 

  • Hogan Lovells postedLitigating intellectual property issues: The impact of AI and machine learning.

 

Press Releases and sponsored posts:

  • Here’s a thorough explanation of Gavelytics: Want Better Litigation Outcomes? Know Your Judges. “…(W)ith Gavelytics, you finally get the quantifiable and reliable judge information you need to customize your litigation strategy and increase your chances of winning.”

 

 

  • Gibson Dunn launches AI and automated systems group. Post here.

 

  • The world’s first virtual lawyer, built for Amazon’s Alexa, tests whether lawyers will be replaced by robots. “Australian legal-technology company Smarter Drafter have announced a prototype virtual lawyer, built on Amazon’s Alexa, that creates legal.” documents instantly, just like a real human lawyer. Here’s the Smart Drafter release. Hype much?? And then there’s this: “No date has been set for the release of the first working Alexa integration.”

 

  • HaystackID Acquires eDiscovery Managed Services Provider eTERA, Release here.

 

  • Legal IT Newswire New Product News… Alphaserve Technologies launch Execution as a Service. Post here.

 

  • I’m including this because I used to work there! Am Law 200 Firm Lewis Roca Rothgerber Christie Selects Litera Desktop, Litera Microsystems Full Document Drafting Suite.

 

Blockchain

 

 

 

 

  • From the Baker & Hostetler Energy BlogNew Blockchain Products, an FBI Raid, the $11 Billion Bitcoin Case, Hackers Strike With a 51 Percent Attack and Crypto Tax Analysis. Post here.

 

 

  • Here’s a deep dive into the legal services offered by Oath ProtocolThe Lay of the Land in Blockchain Dispute Resolution and Governance Designs.
  • 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.
  • 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.

 

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

 

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

From Artificial Lawyer:

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

 

Blockchain

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

 

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

 

  • From Akin GumpPolicymakers Focusing in on Artificial Intelligence. “Following a series of recent events involving policymakers from Trump’s Administration and Capitol Hill, artificial intelligence (AI) was the second hottest topic in D.C.”

 

  • From Haynes and Boone:’s Stephanie Sivinski in Law 360: 4 Ways Advances in AI Could Challenge Patent Law.  “Looking further into the future of AI, it is becoming plausible that a machine could devise an invention without any direct input from humans. That would probably not be a physical object, but perhaps a suggestion for a new chemical compound or an optimized method of medical treatment. Recognizing the AI as the inventor of the technology could put patent law into uncharted territory….”

 

  • Insurance (UK): Consumers Increasingly Happy to Let AI & Robots Sort Out Claims. A survey of 2000 consumers in the UK is discussed here.

 

  • Here’s an interesting 14-minute podcast from Above the Law: Managing A Law Firm Right Requires A Good Map. “Data analytics are essential for the successful law firm.”

 

  • From Pinset Masons‘ Out-Law.com: CMA (the UK’s Competition and Markets Authority): collusion could be addressed with personalised pricing. “The risk of businesses colluding with one another over the price of goods and services would diminish if there was extensive use of personalised pricing algorithms in digital markets….”

 

  • Roman V. Yampolskiy of the University of Louisville: AI Systems Could be Able to Own Property, Sue, Hire Lawyers and Enjoy Freedom of Speech. “Humans aren’t the only people in society at least according to the law. In the U.S., corporations have been given rights of free speech and religion. Some natural features also have person-like rights. But both of those required changes to the legal system. A new argument has laid a path for artificial intelligence systems to be recognized as people too without any legislation, court rulings or other revisions to existing law.” “Those human figureheads could be used to expand corporate rights or even establish new rights specific to artificial intelligence systems expanding the threats to humanity even more.” Much more here.

 

  • Gibson Dunn’s H. Mark LyonClaudia M. BarrettFrances Annika Smithson and Ryan K. Iwahashi posted this lengthy, scholarly piece: Artificial Intelligence and Autonomous Systems Legal Update (3Q18). “We are pleased to provide the following update on recent legal developments in the areas of artificial intelligence, machine learning, and autonomous systems (or “AI” for short), and their implications for companies developing or using products based on these technologies.”

 

  • From The Indian ExpressPM Narendra Modi: ‘Artificial intelligence, blockchain to change nature of jobs’. “…(A)rtificial intelligence, machine learning, blockchain, and big data, can take India to new heights of development and improve people’s quality of life. Our diversity, our demographic potential, fast-growing market size and digital infrastructure has potential to make India a global hub for research and implementation,….”

 

  • Counterintelligence Implications of Artificial Intelligence—Part III by Jim Baker … former General Counsel of the FBI. “This is the third post in my series about the counterintelligence implications of artificial intelligence (AI). The first two are here and here.” “AI and Big Data are a potent combination with many implications. This post focuses on how adversaries might apply AI to the vast amount of data that they collect about American to understand us, predict what we will do and manipulate our behavior in ways that advantage them.” Scary stuff here.

 

From Artificial Lawyer:

  • Two Thirds of Large Corporates Implementing RPA (Robotic Process Automation)– Deloitte Report. “While many law firms perhaps are not looking at RPA yet – although they may be using LPOs that do use this approach – there are some interesting parallels with doc review automation in law firms.” Story here.

 

  • More about DoNotPay’s recent release/expansion, including a list of the 14 applications. “Not a single one of the things above you could not do on your own. None of them give you new rights or powers that you did not already have (if you live in the right location). All they do is encourage you to go out and get what someone else, somewhere in the vast sprawl of civic, justice and consumer organisations out there, has already created for public use….” (And here’s an update to the post from ABA Journal.[Updated on Oct. 11 after the app’s launch to add details about the issues users were reporting and Browder’s response.])

 

  • Viewpoint: Nouriel Roubini Hammers Blockchain + Crypto’s Failings. “…(B)lockchain tech and the cryptocurrencies that have evolved with it are not without their challenges, as is the case with all tech, from AI systems to mobile phones to airliners to hairdryers.”

 

  • As a die hard Tar Heel, I have issues with anything to do Duke University (a.k.a., “dook”), so it pains me a bit to post thisSeal Software and the Duke Law AI Showdown – #TheRealThing. There was a competition, and “the legal professionals from Duke, UNC and Wake Forest were nothing short of awesome in how quickly they grasped the issues for analysis, and even more so how quickly they mastered the technology at their disposal to solve their problems.” Of course, the team from UNC won the competition even though it took place on Duke’s home court. In conclusion, “… our group of energetic students showed to a certainty the power that a genuine AI platform can deliver.”

 

Blockchain

  • Developing Blockchain Technology Has Potential to Aid Real Estate Transactions. “…(T)he technology has the potential to significantly increase the speed and reduce the costs of real estate transactions, as well as make investments safer and more liquid.” More here.

 

  • From ETH News: Senate Committee Hears Two Very Different Takes On Blockchain. “The banking committee today heard blockchain offers ‘otherwise unattainable benefits’. It also heard it is just a ‘glorified spreadsheet’ that will never produce anything of value.” Testimony of several witnesses is summarized here.

 

  • For your weekend reading, here’s another fairly understandable explanation of blockchain. Blockchain for Lawyers: What Is a ‘Distributed Ledger’, and Why Is It Useful to Lawyers? by EffortlessLegal’s Holly Urban.

 

  • This infographic (quite a few images followed by narrative) may also help you understand the basics of cryptocurrencies. It’s from Bitcoinfy.net.
  • More from Mayer Brown’s Rebecca Eisner: Mayer Brown’s Tech Talks, Episode 1: Staying Ahead Of AI. The 24-minute lecture is aimed at “technology lawyers.” It starts with the basics of AI and gets to (the paltry) regulation of AI, AI IP, and specific legal applications. Good speaker with good material!

 

  • This article (What the ML Patent Application Boom Means for Tech) reports that in spite of a lack of precise numbers, it’s clear that there has been a substantial upswing in AI-related patents. “Lauren Hockett, … a partner in the San Diego office of intellectual property law firm Knobbe Martens, says … “My practice does involve a large number of machine learning and artificial intelligence patent applications, and that’s really blossomed over the past two to three years.” “Most of the applications I’ve prepared and filed in the machine learning and artificial intelligence space are relatively recent. Most of those are still waiting in line.” The patent backlog and reasons for it are discussed in-depth as are patent litigation (and the use of Machine Learning patents) as business tools/weapons.

 

  • This is an excellent post from ALM’s Erin Hichman and Patrick (still proud of that high school portrait) Fuller. AI: The Next Big Thing Is Already Here. It features “…five key takeaways to help keep your firm on top with technology.” “For law firm leaders, the question is not if they should invest in AI, but rather where should they start? Learn from early adopters both in and outside the legal industry to make smart AI investments.”

 

  • “Above the Law and Thomson Reuters launched Law2020, a four-part, multimedia exploration of how artificial intelligence and similar emerging technologies are reshaping the practice and profession of law.” “To accompany these articles, we have launched the Law2020 podcast, in which I interview distinguished legal and technology experts about AI’s effects on different fields and issues within the law. The episodes and experts are as follows:

1. Access to JusticeDaniel Linna, Professor of Law in Residence and the Director of LegalRnD – The Center for Legal Services Innovation at Michigan State University College of Law.

2. Legal EthicsMegan Zavieh, ethics and state bar defense lawyer.

3. Legal ResearchDon MacLeod, Manager of Knowledge Management at Debevoise & Plimpton and author of How To Find Out Anything and The Internet Guide for the Legal Researcher.

4. Legal AnalyticsAndy Martens, SVP & Global Head Legal Product and Editorial at Thomson Reuters.”

 

  • Shearman & Sterling has posted a link to “How can we ensure that big data does not make us prisoners of technology?” by Charles Randell, Chair of the FCA and Payment Systems Regulator. A brief summary is here.

 

  • Pillsbury’s Tim Wright wrote this piece for ComputerWeekly.com: AI: Black boxes and the boardroom. “Isaac Asimov, the famous science fiction writer, once laid down a series of rules to protect humanity from AI. Perhaps it is time businesses did the same. After all, we can’t know the future, but we can prepare for it. And with AI, the future is now.”

 

  • From the ABA Journal, Nicole Black of MyCase: Finding treasure with litigation data analytics software. “There is a treasure trove of litigation data that for years was virtually inaccessible. While court rulings and filings were available and individual documents could be accessed and viewed, the technology needed to search and analyze the data and provide useful, actionable information simply did not exist. In 2018, that’s no longer the case.”

Also from Nicole Black: The Duty of Legal Technology Competence: How To Keep Up and 3 Ways Law Firms Can Improve the Client Experience Using Technology.

 

  • Chatbots for law firms: “Tom Martin created LawDroid, a chatbot that drafts and files California incorporations over Facebook Messenger.” Details here.

 

  • From Artificial Lawyer:

– Legal AI company, LexPredict, has launched a new User Interface (UI) for its ContraxSuite NLP/ML platform to make it easier for a broader range of people, especially those who are not tech experts, to use the system. More here.

– Legal data collaboration company, HighQ, has just announced legal AI company, Kira Systems, as its launch partner for its new AI Hub platform, which allows supported third-party AI engines to be integrated into legal processes and workflows within HighQ. Details here.

Here’s their detailed summary of the first session of ILTACON 2018, 1st Legal AI Session Write Up, Looks Like ILTACON Loves AI.

 

Blockchain

  • “Chinese tech companies may outpace their foreign counterparts in developing blockchain technology with the help of government moves to foster intellectual property protections, IP attorneys told Bloomberg Law.” “Between 2008 and 2017, Chinese companies submitted 550 patent applications on blockchain technology around the world, surpassing the U.S. and South Korea to become the world’s largest applicant worldwide, according to a report by Chinese media site Sina.com.” Details here.
  • I have a good excuse (well, kinda) for posting a link to the full text of yesterday’s Nelson Mandela Speech by Barack Obama. And here’s the video. (It’s more than an hour long.) “And the biggest challenge for your new president when we think about how we’re going to employ more people here is going to be also technology, because artificial intelligence is here and it is accelerating, and you’re going to have driverless cars, and you’re going to have more and more automated services, and that’s going to make the job of giving everybody work that is meaningful tougher, and we’re going to have to be more imaginative, and the pact of change is going to require us to do more fundamental reimagining of our social and political arrangements, to protect the economic security and the dignity that comes with a job.”

 

  • Another Big Law “Skunkworks:” Clifford Chance Looks to Break Out to Break Through With 2 New ‘Innovation Units’. “Clifford Chance’s recent launch of two new ‘innovation units,’ Clifford Chance Applied Solutions and Clifford Chance Create, is an attempt for the firm to eke out the necessary space for experimentation. The Create unit will be charged with helping the firm flesh out its technology ecosystem and partner network, while Applied Solutions is dedicated to helping build and scale out technology systems for clients.” A few details here.

 

  • This infomercial post for Thomson Reuters’ new Westlaw Edge provides a history of legal research and some interesting observations. “If lawyers want greater confidence in their results, they need to spend more time on legal research – time they simply don’t have. ‘Lawyers desperately want to save time, but they are terrified that they will miss something,’ observes Tonya Custis, a Research Director at Thomson Reuters who specializes in AI with an emphasis on natural-language search.”

 

  • From Norton Rose: Why collaborative AI can become a legal minefield. “To compete we (Canada) must be strategic in how we marshal our resources, and a key factor will be intellectual-property management, particularly in collaborative AI developed by different stakeholders. Determining who owns or controls the IP rights of a new technology and, in turn, who will be rewarded for their expertise and efforts, can get messy if contracts do not exist or do not contain clear IP terms.” “…(A) clear IP framework for AI innovation is needed in Canada.”

 

  • Here’s an interesting discussion by Carolyn Elefant of how Big Data/AI could dissuade smaller law firms from taking cases that they really should. Data Analytics And The Importance Of Loser Law. “It’s solos and smalls who often stand on the front lines in using the justice system to change the law and stand up for those desperate clients who have no other options. If data analytics makes solos and smalls less inclined to take these types of cases due to fear of liability, then we all lose out.”

 

  • This is the introduction to a larger piece linked in the article. Law Firms Need Artificial Intelligence to Stay in the Game. “The legal department is savvier and has more options in the form of ASPs and legal technology – It’s time for law firms to embrace change. Artificial Intelligence is a key ingredient in doing so.”

 

  • According to this survey by Reed Smith, in the shipping industry, “(t)echnology to address environmental issues and emissions ranks above blockchain as the most significant driver of change over the next five years….” But ‘analytics of big data’ ties with those environmental concerns.

 

  • From Stephen M. Honig of Duane Morris, this deep dive (though he says it’s ‘shallow’) into the implications of blockchain and the rest of the ‘digital economy’ for corporate boards. It’s too much for me to summarize, but I especially like his analysis of how blockchain, big data, the internet all disintermediate. Good stuff.

 

  • PwC just issued this report, forecasting growth in the UK in professional, technical and scientific employment due to AI advances over the next few years and in the long term. “The sectors that we estimate will see the largest net increase in jobs due to AI over the next 20 years include health (+22%),  professional, scientific and technical services (+16%) and education (+6%).” I find it amusing when reports like this report prognostications with two decimal point precision (e.g., page 50), and when they run statistical tests on a dataset of 42 observations. They will be lucky to correctly guess the direction of changes 20 years from now, much less the degree. Of course, no one will check these predictions, so they’re safe.

 

  • From Artificial LawyerSubmitting Trial Evidence? There’s a Blockchain App For That Now. “The blockchain application will be used within CaseLines’ products to store the ‘transactions in the digital journey’ of an item of evidence within digital justice systems globally and is believed to be the first of its kind in the world.” Cool.

 

  • From Above the Law, this is an interesting discussion of IBM’s ambitions to “build a robot lawyer,” as evidenced by the recent debut of it’s Project Debater.

 

  • More blockchain news: “Five specialist attorneys have launched strategic advisory firm Ketsal Consulting in conjunction with law firm Blakemore Fallon to guide companies through the fast-moving blockchain and cryptocurrency legal and regulatory landscape. Founded by a team of attorneys from top law firms and a former senior special counsel at the U.S. Securities and Exchange Commission (SEC), Ketsal Consulting and Blakemore Fallon will provide authoritative advice on building compliance-focused business models at a time when the blockchain industry faces conflicting direction from international regulatory bodies and shifting legal sentiments.”

 

  • Who would have thought we needed this, just a few years ago: Representatives from 150 tech companies sign pledge against ‘killer robots’. “A pledge has been signed by over 2,400 individuals working in artificial intelligence and robotics against the use of the technology for lethal reasons.”

 

 

  • From Hogan Lovells‘ Lloyd Parker:  “According to a survey of over 200 brand owners, AI will revolutionise trademark prosecution and enforcement over the next five years.”

 

  • From Hogan Lovells and the University of Birmingham, here’s a discussion of Artificial Intelligence – time to get regulating?

 

  • It seems to be Hogan Lovells day. From the DC officeIn fraud and corruption investigations, artificial intelligence and data analytics save time and reduce client costs. “Peter Spivack, a partner at Hogan Lovells in Washington, D.C., explains how the process of gathering, sorting, and evaluating enormous volumes of data has changed, and why skilled human intelligence is likely to remain a required component of an accurate analysis.”

 

  • More on AI regulation as in this video, “Ben Allgrove of Baker McKenzie says a ‘state of flux’ exists over how the applications of artificial intelligence should be regulated as the true capabilities of the technology have not been ascertained.”

 

  • Cleveland State University’s Cleveland-Marshall College of Law launches new “tech lab” to teach students, alumns, and lawyers about blockchain and artificial intelligence. “Beginning this school year, the center — dubbed the C|M|LAW Tech Lab — will launch the only law-school based interdisciplinary Cybersecurity and Data Privacy certificate, and a new C|M|LAW Tech certificate.” Details here.

 

  • More blockchain news: “Australian law firm, Corrs Chambers Westgarth, has teamed up with ConsenSys start up, OpenLaw, to achieve a breakthrough that aims to unlock the potential of the Ethereum blockchain and smart contracts in the settlement of real estate and property transactions.”

 

  • Blockchain in court: “A court in China’s Hangzhou city has ruled that evidence authenticated with blockchain technology can be presented in legal disputes.”

“The court thinks it should maintain an open and neutral stance on using blockchain to analyze individual cases. We can’t exclude it just because it’s a complex technology. Nor can we lower the standard just because it is tamper-proof and traceable. … In this case, the usage of a third-party blockchain platform that is reliable without conflict of interests provides the legal ground for proving the intellectual infringement.”

 

  • A Blockchain law firmProminent Blockchain Attorney Joshua Ashley Klayman Launches Blockchain- and Digital Token-Focused Law Firm & Blockchain Strategy Consulting and Advisory Firm. “… a well known name in the digital token sale / blockchain industry, has departed Morrison & Foerster LLP to launch her own boutique law firm (Klayman LLC) targeting the industry she has been intimately engaged with for the past few years.

 

  • A2J: This is a sobering look at some of the instances where AI has failed to deliver on its Access to Justice promise/potential. “‘AI not delivering for poorest’ says technology reality check.”

 

  • There’s lots of good content from Artificial Lawyer today:

– FirstLaw Society Call For Evidence: Algorithms + Justice.

– And, “(t)op Irish law firm McCann FitzGerald, has launched a Credit Reporting Compliance App, using the expert system platform of Neota Logic.”

This is a particularly interesting development: “HighQ, the legal data collaboration platform, has signed a partnership deal with the global referral group, TerraLex. The referral group’s management team will also directly recommend the use of the collaboration platform to its 155 member firms and their 19,000 lawyers around the planet. I.e. there will be both a central hub use of HighQ to share data through TerraLex’s organisational structure, plus an effort to encourage the individual firms to also jump onto the platform.”

Finally, “(i)n an important step that will greatly support the development of global standards for smart contracts, global tech giant IBM has decided to join the Accord Project consortium.” This entire post is very much worth reading.

 

  • This story has received a LOT of coverage in the past couple of days. I suppose, in part, because it’s so easy to write click-bait headlines for it. Here’s a tame one: HAL-like robot to help astronaut in space odyssey. More coverage of the spherical AI bot named Cimon here.

 

  • Here’s some real futurist, almost sci-fi technology that’s probably coming in the next few years — “quantum computing.” (Want a deeper dive? Several good references are provided at the end.)

 

  • Since it’s Friday, and it has been a while since I’ve posted about AI’s existential and other threats to mankind (and rebuttals thereto), so here’s:

– Expressing apprehension that disruptive technology would hasten extinction of humankind, Nobel laureate Muhammad Yunus on Thursday warned companies against excessive use of Artificial Intelligence (AI). “Technology will expedite our extinction on planet Earth.”

– “Artificial intelligence is coming for the service economy, according to Allstate Corp. Chief Executive Officer Tom Wilson. ‘It’s going to rip through this economy like a tsunami.'”

  • AI is heavily involved in “fake news,” both in its creation and targeted distribution via bots, and with the algorithms designed to find and combat it. This essay from the International Bar Association (IBA) cautions that regulatory efforts to limit fake news could lead to censorship which could give too much control to those in power.

“Because the same technology can be used and abused for different reasons, it is very difficult to regulate its use. ‘The use and abuse of technology often go hand in hand. I don’t think we were ready for the notion that you could literally, through an algorithm, make up a story with facts that have no relationship to reality. This is society and law running to catch up with technology,’ says Balin. ‘This actually goes beyond law, because it is really about how do we, in a reasonable way, help to guard against insidious behaviour of just making things up…while at the same time making sure that the cure is not worse than the disease.’”

 

  • Survive Law and The Legal Forecast have teamed up to provide law students with bite-sized, easy-to-understand explainers on the latest law-tech and legal innovation hot topics. In this post they explain “how the use of a little thing called ‘data analytics’ can allow lawyers to embody Judge Hercules by enabling a decision-making process that combines the best of both technological and human capabilities.”

 

  • Another example of a law firm working with AI providers and promoting their new capabilities: Baker McKenzie (M&A/Transactions)

 

  • I LOVE this piece by Monica Rogati. Are you ready for AI? To know, you need to consider the “AI Hierarchy of Needs.” This is completely applicable to law firms. (Hint: It’s all about the data.)
  • One of the most important applications of AI is translation, and it’s getting better fast. Facebook is now performing 4.5 billion translations per day involving 45 languages. They announced yesterday: “(w)e recently switched from using phrase-based machine translation models to neural networks to power all of our back-end translation systems….” This results in much more accurately conveying the actual intent/meaning of the message (an 11% increase). Note: this has nothing to do with the recent kerfuffle about shutting down a system that developed some new uses of language.

 

  • Finally, here are some interesting remarks by Robert Reich to folks at Google about the impact of automation & artificial intelligence on our economy and how we can ensure future technologies benefit the entire economy, not just those at the top. (It’s a very broad ranging talk, and AI is only a small part of it. I found it all very interesting.)