• Here’s a very interesting article from Oxford’s Internet Institute and Faculty of Law. It’s more than six months old, but I just found it. Artificial Intelligence Crime: An Interdisciplinary Analysis of Foreseeable Threats and Solutions. “Artificial Intelligence (AI) research and regulation seek to balance the benefits of innovation against any potential harms and disruption. However, one unintended consequence of the recent surge in AI research is the potential re-orientation of AI technologies to facilitate criminal acts, which we term AI-Crime (AIC).”

 

  • Baker McKenzie helped score a crucial win for Volt Bank, which has become the first Australian neobank to be granted a full banking license. “This is likely to drive materially improved banking services and further fintech innovation. It unlocks access to state-of-the-art software in the context of AI and data analytics in the banking space….” Story here.

 

  • AI patents: Who Profits From AI? It’s Getting Harder to Find Out. “The U.S. Patent and Trademark Office is making it increasingly difficult to obtain legal protections for inventions related to AI, a field that encompasses autonomous cars, virtual assistants and financial analyses, among countless other uses. The agency, seeing an influx of AI applications, is grappling with how to comply with a law that PTO Director Andrei Iancu has called ‘anything but clear’.” Story here.

 

  • This, from Bloomberg: Artificial Intelligence Creeps Into Big Law, Endangers Some Jobs. “Major law firms are preparing to incorporate AI at a speedier pace than ever before in 2019, as the anticipated industrialization of legal services picks up steam. Client pressures have been mounting on law firms—often slow technology adopters—to address concerns that old tech is keeping bills unnecessarily high. Clients are demanding that firms use AI-infused tools to speed work, lower costs, and provide better information.”

 

  • MyCase’s  postedI, For One, Welcome Our New Robot Lawyer Overlords. “Ready or not, the robot lawyers are coming. Or not. It really depends on who you ask.”

 

  • Here’s an innovative ALSP idea: What Happens When Legal Tech Meets Blockchain. “The result was a creation of an online platform that provides entrepreneurs with an access to a global network of ‘Legal Nodes‘– competent tech-savvy legal experts worldwide, from which businesses can “mine” relevant information to ease their journey through complex data sets of law, just like one would normally mine Bitcoin by connecting to thousands of nodes worldwide.”

 

From Artificial Lawyer:

  • Kerrrrching..! DISCO Bags $83m Investment – Now Has $125m in Total – A World Record. Post here.

 

  • The Global Legal Hackathon Is One Month Away – Get Your Teams Ready! Post here.

 

  • Insurer ARAG Links With LawDroid In Legal Bot Project World First. Post here.

 

Law Firm Posts:

  • From Tim Watkins of Coffin Mew: Will AI replace lawyers? Assessing the potential of artificial intelligence in legal services. “To suggest that this symbolises the imminent end of human lawyers is perhaps leaping to a hasty conclusion. But it does raise a number of interesting questions. Are lawyers – or indeed any professional advisers and service providers – ultimately replaceable? And if so, how, where, and to what extent?” Post here.

 

 

  • This post is from Skadden’s John Adebiyi Pascal Bine Matthias Horbach Dmitri V. Kovalenko Jason Hewitt and Mikhail KoulikovForeign Investment Control Reforms in Europe. “Key sectors that will be subject to the framework are: critical infrastructure, critical technologies (e.g., artificial intelligence (AI), robotics, semiconductors, dual-use, cybersecurity, space, nuclear), critical inputs, sensitive information, media, land and real estate, water supply infrastructure, data processing and electoral infrastructure.”

 

Press Releases and Sponsored Content:

  • ContractPodAi launches Salesforce App as it continues its push outside the legal function. Release here.

 

  • Building a Brilliant Brief Library: Your How-To Guide. “In this article, we’ll cover the basics of building your own brief library, from tips on finding the best available documents to developing winning strategies to stay one step ahead of opposing counsel in litigation.” This piece is by Josh Blandi of UniCourt.

 

  • Tikit Carpe Diem introduces Intelligent Time. “(Which) interprets free form text and / or dictated notes and converts it (using Natural Language Processing), into structured and fully validated time entries. It turns unstructured data into structured data by converting attorney’s thoughts into fully formed time records.” Release here.

 

  • Litigation In The Age Of Big Data: How Everlaw Is Tackling The Most Complex Technical Issues In eDiscovery. “As technology continues to evolve at a rapid pace, lawyers and eDiscovery professionals are seeing their workloads and challenges expand.” Post here.
  • 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.

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

Now, the news:

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

 

Law Firm AI Posts:

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

 

From Artificial Lawyer:

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

 

News Releases and Sponsored Posts:

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

 

BLOCKCHAIN:

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

 

Law Firm Blockchain Posts:

 

 

  • 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.”

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Blockchain

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Blockchain

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Blockchain

  • Here’s a collection of TED talks about blockchain.
  • I like the infographic AI Knowledge Map above. Here’s an explanation of the elements.

 

  • “The sixth annual Clio Cloud Conference held a talk with lawyers about how artificial intelligence and blockchain-based technologies can be used by firms of various sizes to become more cost and time efficient.” Summary by Victoria Hudgins here.

 

  • Innovation Driving New Approach to Legal Operations at Novartis. “Maurus Schreyvogel, Novartis’ Chief Legal Innovation Officer, advocates for a more efficient legal function and the broader benefits for the industry.” “…(W)hen we think of the legal profession first and foremost, it’s us – the legal professionals. We have to think about our workplace and how we want to add value because the way legal operations currently work, in many ways, is no longer fit for purpose.” Story here.

 

  • Could an artificial intelligence be considered a person under the law? “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.” Interesting discussion by Prof. , University of Louisville, here.

 

  • Press releaseActive Machine Learning Now Available in the VenioOne Platform. “VenioOne CAL is now hitting its stride as a best of both worlds eDiscovery solution – human reviewers combined with machine learning. This could be a big game changer for firms and corporations relying on large teams of reviewers to get through increasingly larger datasets in their cases.”

 

  • From Hogan LovellsAI, machine learning & legal tech: The 6th Hamburg Legal Tech Meetup at Google with Hogan Lovells. “…(T)the legal spotlight focused on how in-house counsel and external law firms are going to cooperate well under the influence of legal tech.

 

  • And this from Hogan Lovells’ LimeGreen IP NewsEU Patent Office publishes preview of guidelines on patenting AI applications. “…(T) the new section on AI and machine learning now appears in section 3.3.1 of Part G of the Guidelines.”

 

  • Allen & Overy and Freshfields did well at the FT Innovative lawyers Awards. Details here and here.

 

 

  • From Legal Talk NetworkClio Cloud 2018: Blockchain and AI used in the Legal Industry. “Joshua Lenon and Jake Heller talk about how blockchain and AI play a role in their companies, what they are seeing with AI today, and how to spot a product that is not worth using.”

 

  • This story is from the UK’s Law Society Gazette: In-house lawyers expect artificial intelligence to cut firms’ bills. “A report, Legal Technology: Looking Past the Hype, found that 75% of GCs expected to be passed on benefits including lower fees, improved quality and faster turnaround times. There was mixed feedback on the satisfaction of legal technology deployed by firms: 40% of general counsel said they were satisfied, 12% very satisfied and 37% were dissatisfied.”

 

Here are some recent posts from Artificial Lawyer:

  • Meet Josef a ‘Next Generation’ Legal Automation Platform. Story here.
  • These nuggets are from a LexisNexis report I previously posted. A Tricky Relationship: General Counsel + Legal Technology.
  • Prop + Legal Tech Pioneer, Thirdfort, Bags £400k Pre-Seed Investment. Story here.

 

Blockchain

  • “France’s Commission Nationale de l’informatique et des Libertés (CNIL) released guidance on how blockchain can exist in a post-GDPR world. Problem is, they are not sure it completely can.” In this article by Rhys Dipshan, attorneys from Baker Hostetler; Crowell & Morning; McCann FitzGerald; and Morris, Manning & Martin are quoted.

 

  • Here’s an academic piece for you, from professors from law schools in Dusseldorf, Australia and Hong Kong and published in the University of Illinois Law Review: The Distributed Liability of Distributed Ledgers: Legal Risks of Blockchain. (It’s a bit over a year old, but I had missed it until today.)

 

  • This is a somewhat technical explanation of how smart contracts work. Smart Contract Technical Underpinnings (Blockchain Report Excerpt). The full report is here.

 

 

Here are a couple of developments in the application of AI and blockchain in real estate:

  • Securrency to Help QuantmRE Build Blockchain-Powered Real Estate Trading Platform. “QuantmRE, a blockchain company that focuses on the tokenization of real estate assets, partnered with fintech company Securrency to build its property trading platform.” Story here.

 

  • Artificial Intelligence in Real Estate: How to Leverage the Disruption by Desirée Patno. Four examples are given here.

 

Background

  • Ready to get your geek on? Here’s a good explanation of how Quantum Computing works. “If a task required you to find one correct answer out of 100 million choices, an ordinary computer would go through 50 million steps to do so. A quantum computer would only go through 10,000.” “For now, anyone without a quantum computer isn’t missing out on anything. Quantum computers can’t yet function any better than our classic computers can and aren’t expected to do so for at least another decade.” Thanks to “physics student”, Ella Alderson.
  • In this post, Jordan Furlong discusses the future of law librarians as impacted by technologies such as AI and as roles evolve into more focus on Competitive Intelligence (here, called Market Intelligence). This article by Jordan is referenced.

 

  • Press releaseGridlogics Launches PatSeer 360™ – IP Strategy Takes a Quantum Leap with Introduction of This Disruptive New IP Intelligence Platform. “PatSeer 360™ correlates patent data with business and legal data points to give you insights for refining your IP protection, management and commercialization strategies. The solution combines Artificial Intelligence, Big Data and immersive visualizations in a versatile and easy to use platform that requires minimum learning curve.”

 

  • From Canadian UnderwriterManaging your client’s M&A risk with A.I. “Lawyers are using machine learning – a type of artificial intelligence in which computer software does something without being explicitly programmed to do so – to identify potential liabilities in contracts. AI lets computer programs learn from experience and identify patterns, Strategy Meets Action notes.”

 

  • From Canadian Lawyer: Critical topics facing the legal community. “The topic of technology continues to dominate the minds of leadership in the legal community. Whether it’s artificial intelligence, whether it’s how you manage the overall data research client information, I think technology is overwhelming for a lot of firms.”

 

  • Richard Burnham, solicitor and co-founder of Eallium CMS, posted: The ethics of lawtech. “For now, lawtech is simply a wide-ranging label that describes technology created with a view to reducing law firm overheads and/or increasing the availability of access to justice. You typically see it deployed within case management systems, document analysis algorithms, case outcome predictors, and chat bots designed to provide interim legal advice to consumers. The ethical conundrums of lawtech are many, sprouting mostly from its complexity.”

 

  • In this podcast, Bob Ambrogi interviews Rick Merrill of Gavelytics to discuss “the product one year after its launch, how lawyers use analytics for strategic and competitive purposes, and how analytics and AI are being used more broadly in law.” LawNext Episode 12: Judging Judges – How Gavelytics’ Judicial Analytics are Reshaping Litigation.

 

  • In Japan, artificial intelligence enters the legal field. “Artificial intelligence has moved into the world of corporate legal matters: A Tokyo-based start-up founded by young lawyers is using AI to check for omissions and mistakes in contracts, sometimes taking only one second.” “LegalForce Inc. was established in April last year, and is led by 31-year-old lawyer Nozomu Tsunoda, who quit a leading law firm to go into business for himself. Even with only seven employees, LegalForce checks contract documents such as a confidentiality agreement between companies.” Coverage here.

 

  • Here’s an interesting article discussing the legal rights of self-aware entities. Apes, dolphins, AI??

 

  • Two posts from Kemp IT Law in as many days! Here‘s a video titled What does the future hold for AI and product liability? “Liability will see extensive AI-influenced legal developments, especially in the areas of autonomous vehicles, robots and other ‘mobile’ autonomous systems.”

 

  • From Osborne ClarkeHave your say | How should competition law apply to the digital economy? “…(O)ther questions look at challenges which are specific to digital markets or new technology, such as: the impact on competition of ownership of big data by a small number of big firms; the impact on competition and cartel enforcement of artificial intelligence and machine learning; and how to deal with mergers and takeovers in digital markets.”

 

  • “Burford Capital Ltd. raised $250 million this week by selling new shares on the London Stock Exchange, the publicly traded litigation finance company announced Tuesday.” “The London-based litigation financier, which had a market cap of $5.4 billion as of Monday, said a debt issue and a private fund raise would follow “shortly.”” Coverage here.

 

  • From Artificial Lawyer:

– UK Takes Another Step Toward Blockchain Property Register with R3. Story here.

The Launch of the Manchester LegalTech Consortium – (…which Is Now to Be Called the ‘Manchester Law & Technology Initiative’.). Story here.

– Legal AI Platformisation Continues with Diligen/QRX Data Partnership. Story here.

– Legal AI Co. Luminance Goes After The eDiscovery Market. Story here.

– Declare Your Legal Bot! New California Law Demands Bot Transparency. Story here.

 

Blockchain

  • Bullish on Blockchain, Young Phila. Lawyer Launches Boutique. Bull Blockchain Law. “His client base includes various technology industry players with some connection to blockchain technology, he said. They’re using the technology for matters in real estate, data storage, supply chain management, and even gaming. Smart contracts are the most popular business application of blockchain technology, he said. Bull said he’s already in talks with other attorneys about joining the firm, with the goal of ultimately organizing the firm into various departments for different industries.” Industry focus; smart!! Details here.

 

  • This post (Bill Clinton: ‘Permutations and Possibilities of Blockchain are Staggeringly Great’) summarizes an interview with Clinton following his keynote address at Ripple’s annual Swell conference in San Francisco on October 1. “While Clinton acknowledged the potential of disruptive technologies like blockchain, the former president urged that economic and social policy ‘work better as positive sum games.'”

 

  • From DentonsPractical application of distributed ledger technology: Maintaining corporate records on the blockchain. “…(B)usinesses may want to explore implementing DLT (Distributed ledger technology)-based platforms; we believe they can increase efficiency, accuracy, transparency and security in record management and finance while minimizing cost, providing significant competitive advantages to companies that adopt this technology.”
  • I had to post this from Steptoe’s CYBERBLOG, if only for the title: Episode 232: “I’m afraid you can’t say that, Dave.” Will AI save the Internet from Vladimir Putin – and Matt Drudge? “It’s a deep conversation that turns contentious when we come to his prescriptions, which I see as reinstating the lefty elite that ran journalism for decades, this time empowered by even less self-doubt – and AI that can reproduce its prejudices at scale and without transparency.”

 

  • “According to the 2018 LexisNexis Australian Legal Tech Survey, across the board the Aussie legal profession is seeing a significant repositioning in the responsibilities set for junior lawyers when compared to past years, creating a shift in their law firm’s set up.” “The changing nature of work for junior lawyers is clearly a key driver of change within the legal industry, as 44 per cent of the respondents identified the removal of grunt work as a key implication of technologies such as analytics and AI”. More here.

I could not find any description of the survey’s methodology, so caveat emptor.

 

  • From The Law Society GazetteCall for regulation of police prediction algorithms. “A study published by the Royal United Services Institute and the Centre for Information Rights, University of Winchester, says that while machine-learning algorithms in policing are in their infancy, there is potential for the technology to do more: ‘The lack of a regulatory and governance framework for its use is concerning.’”

 

  • Brian McElligott of Mason Hayes & Curran posted this pieceIreland: AI From The Lawyers’ Perspective. “Machine learning, and to a much lesser extent artificial intelligence, has well and truly landed. The challenge for lawyers and their clients is how to navigate a legal and regulatory environment that is playing catch up and how to simultaneously steer innovators on a path to protection that may be paved with gaps.”

 

  • Dean Sonderegger of Wolters Kluwer wrote Building The Case For Innovation Within The Law Firm. I really appreciate this sort of mathematical demonstration of how driving out a bit of cost can translate to a firm’s bottom line.

 

  • I did not see this coming. This post from DLA Piper (Sharpen the nails: 8 ideas for empowering jurors In complex trials) includes, “Beyond simple note-taking tools, lawyers should consider more modern options, such as giving jurors access to interactive tablets to use for note keeping, and finding suitable ways to use artificial intelligence to assist jurors in maintaining and retrieving the evidence they hear and see during trial. … Allowing jurors the use of appropriate AI – for instance, teaching them how to search for trial testimony and admitted exhibits, or allowing them to query the judge – would allow more efficient deliberations.”

 

  • Holly Urban, CEO at EffortlessLegal wrote this piece for Law Technology Today: Five Ways for Law Firms to Become More Efficient. All five make sense for law firms and in-house legal departments.

 

  • John Frank Weaver of McLane Middleton prepared this scholarly piece: Everything Is Not Terminator We Need the California Bot Bill, But We Need It to Be Better. “There are some specific revisions that would make the Bot Bill a constitutional bill, a better bill, and a bill that we need.” He presents in-depth arguments for each suggested revision.

 

  • From Artificial Lawyer: “After a very successful closed Beta programme, covering 161 users from 24 countries, they will be opening Clause to all on September 26th i.e. tomorrow. It will still be called a Beta programme, but in opening to all it will massively scale up the opportunity to use this tech and to give the team feedback to perfect the product.” Details and a demo video here.

 

  • From Sky News: Driverless car makers could face jail if AI causes harm. “Under the Health and Safety Act of 1974, directors found guilty of “consent or connivance” or neglect can face up to two years in prison.” “Companies can also be prosecuted under the Act, with fines relative to the firm’s turnover. If the company has a revenue greater than £50 million, the fines can be unlimited.” Several lawyers are quoted in this story.

 

  • intapp and The Lawyer just released this research report: Navigating a new reality in the client-empowered era. There is a section devoted to “An eye to the future: the emerging applications of artificial intelligence (AI).” “Clearly, firms are already reaping benefits from intelligent automation, whether through time saved or performance of the firm. The advent of artificial intelligence capabilities opens new possibilities above and beyond the ways in which law firms are currently automating workflows.” “In the future, using AI, we’ll be able to enhance the accuracy of the narratives suggested by time capture, so the process becomes even more automatic.” There is also a summary of some findings here. And here.

These survey results are based on the responses of 111 firms out of 300 who were solicited to participate. Not bad. The findings presented as percentages/proportions should generally be considered accurate within about +/- 10 percentage points.

 

  • Also from Artificial Lawyer: ‘Don’t Shoot the AI Puppy!’ – The United eDiscovery Case. “Last week, doubters of legal AI tech had a fleeting moment of validation – or at least they thought so – after a major ediscovery project involving United Airlines appeared to go wrong, leading some to suggest that there had been an ‘AI Snafu‘ after only 17% of the millions of docs analysed turned out to be ‘responsive’ i.e. of any potential use to the case. The problem with pointing the finger at the technology is that experts think (see response below from leading ediscovery consultant, Jonathan Maas) that this had far less to do with the Technology Assisted Review (TAR) itself and more about the way the humans involved ran the matter and used the tech.” Details here.

 

  • Here’s another interesting piece from Artificial Lawyer (It’s Not A Legal Snowflake – AI + Legal Costs Prediction): “To succeed in this environment, law firms must cost out litigation matters more accurately and competitively than they have ever done in the past. In fact, getting this right is mission critical. Fortunately, modern technology can provide an unprecedented degree of transparency and precision in cost estimation. The key is using artificial intelligence to unlock the predictive power of billing data.”

 

  • This (Data Localisation: India’s policy framework) is a thorough look at India’s new data protection policies. “Digital India and building a thriving Digital Economy in India, building strong competencies in artificial intelligence, protecting nation’s security and data of its citizens are very critical and is now becoming mandatory for India.”

 

  • This from Kennedy’s: Legal AI Beyond the Hype: A Duty to Combat Bias. “(T)o what extent have firms considered whether the AI they are licensing, building or selling (if that is what they are doing) has the potential to produce biased results?”

 

  • When asked, “(w)hat do you think is going to be the biggest game changer in the legal industry?” Martin Felli of JDA Software replied “(t)he use and application of Machine Learning (ML) and Artificial Intelligence (AI) in the in-house environment, allowing legal departments to implement solutions to permit their clients to engage in self-help without having to involve the legal department on every item, such as NDA reviews and processing.” Here’s the rest of the interview.

 

  • Press release: “Thomson Reuters and ModuleQ announced today a partnership to assist professionals with time sensitive insights. The companies are integrating their AI technologies to help provide proactive distribution of mission-critical business information to clients’ front-line personnel.”

 

  • In this post, Mike Quartararo of eDPM Advisory Services urges law firms to proactively contact their clients about innovation, before they call another firm or one calls them.

 

  • Here’s another pitch for Westlaw Edge — this one with a government focus. Westlaw Edge: Helping Overburdened Government Attorneys Work Faster And Smarter With The Power Of AI.

 

  • To liven up your Wednesday and broaden your perspective on the range of AI’s impact, here’s a story about AI and the cannabis business and two (here and here) about AI and sex.

 

Blockchain

  • IBM and MIT in consultation with the Congressional Blockchain Caucus prepared this reportThe Impact of Blockchain for Government: Insights on Identity, Payments, and Supply Chain. “How can blockchain benefit government? How can government lead the way to a broad-based blockchain evolution that drives economic vitality? In this report, Thomas Hardjono—Director of the MIT Trust: Data Consortium—addresses these and related challenges by drawing insight from three roundtable discussions in 2017-18 among key leaders and stakeholders, hosted by the Congressional Blockchain Caucus.”

 

  • Over 75 New Banks: JPMorgan Expands Blockchain Payments Trial. “(A)ccording to a report from the FT on Tuesday, a large group of major banks – including Societe Generale and Santander – has joined the trial in response to the rising number of rival payments offerings coming to market.” More here.

 

  • From Entrepreneur: Smart Contracts: Here Are the Practical Applications of This Exciting Blockchain Technology. “Ever wanted to leave the lawyers out of your client transactions? Now you can.” “Smart contracts aren’t just the future of business; they are already in play. These agreements save time and money while improving communication and transparency. And you don’t need to be a programmer to get in on the action.”

 

  • Tom Kulik of Dallas’ Scheef & Stone posted Why Blockchain Is No Panacea For The Digital First Sale Doctrine (For Now). “…(T)echnology and the law don’t evolve at the same rate, and the digital first sale doctrine is no exception.  As this technology matures, it will inevitably pull copyright law forward in fits and starts…”