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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Posts by Law Firms

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

 

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

 

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

 

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

 

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

 

(More law firm posts under Blockchain below.)

 

Prognostications

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

 

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

 

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

 

(More predictions under Blockchain below.)

 

Press releases

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

 

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

 

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

 

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

 

Blockchain

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

 

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

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

  • And here4 Major Blockchain Trends to Watch for in 2019. (Not the same as those above!)

 

  • And much more here10 Ways Blockchain Technology Will Change The Legal Industry.

 

From Artificial Lawyer 

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

 

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

 

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

 

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

 

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

 

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

 

  • Kira Systems – AL Product Review – Part One. Story here.
  • Here’s a good summary of tools from This Tech Can Turn the Tables in Litigation. “If you can eliminate some of the chance from litigation, if you can bring a higher level of certainty to litigation, why wouldn’t you? Indeed, you might even ask yourself, ‘Is it malpractice not to use analytics?‘”

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

From Artificial Lawyer:

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

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

 

Blockchain

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

 

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

 

  • Ohio ‘rolls out the red carpet’ for blockchain businesses by accepting bitcoin this tax season. “As of Monday, Ohio became the first state where business can pay their taxes in cryptocurrency. (Ohio’s state treasurer Josh Mandel) said the decision was twofold: It increases “options and ease” for taxpayers, and it opens the door to software engineers and tech start-ups.” Coverage from CNBC here.
  • O’Melveny is getting a lot of coverage of its recent announcement that it will use neuroscience-based games in its recruitment process. See stories here, here, here and here.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

From Artificial Lawyer:

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

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

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

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

 

Blockchain

 

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

 

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

 

 

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

 

 

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

 

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

 

  • This is an interesting article from the December issue of the ABA JournalWhat do AI, blockchain and GDPR mean for cybersecurity? “…(W)e close this series by looking around the bend to understand how major emerging technologies will affect cybersecurity in the coming years. While experts disagree when technologies such as artificial intelligence and blockchain will play a larger role in cybersecurity and data protection, there is broad agreement that their roles will be pivotal. This could, in turn, create new solutions, risks and regulatory headaches.”
  • I was intrigued by the title (Ghosts in the Machine: Revisited), enthralled by the infographics and impressed by the content. If you’re at all interested in the impact of AI on financial institutions, check out this beautiful report from Baker McKenzie. “…(I)t’s clear that institutions, from banks to insurers, asset managers to payment operators, are still feeling their way forward rather than racing towards an AI-enabled future.”

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

  • Wow. This tool sounds like a serious way for in-house counsel to leverage AI to better choose outside counsel. There’s No Such Thing As A Competitive Legal Market — But There Are Ways To Make It Better. “Bodhala’s legal analytics offer in-house counsel a wealth of information about the entire Am Law 200, high-quality boutiques, as well as a number of local firms that clients can easily customize to find exactly what they want. The platform also leverages machine learning technology to make predictive calls about opportunities to lower costs with other firms. Beyond talent procurement, the product offers spend optimization features that grant clients an opportunity to really market test quotes for legal services.” Press release here.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Blockchain

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

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

 

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

From Artificial Lawyer:

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

 

Blockchain

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

 

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

 

  • I’m a big fan of all things “Access to Justice” (A2J), so I was pleased to see this app from DoNotPay and equally happy to see today’s update: “new updates to DoNotPay, … will allow a user to sue anyone in small claims court in any county in all 50 states—without the need for retaining a lawyer.” There are several other very cool new functions as well, as described in this story in The ABA Journal.

 

  • From Artificial Lawyer: “UK law firm Mishcon de Reya has announced that it is sharing the legal AI models related to real estate it has developed through Kira Systems with the AI company’s wider customer base.” “‘By collaborating with Kira to enhance their UK real estate offering we have already gained valuable insight into how artificial intelligence works and how we can best leverage AI to better support real estate clients, delivering our services innovatively and more efficiently and we look forward to continuing to working closely with them,’ he (Nick Kirby) added.”

 

  • Also from Artificial Lawyer, this interview with Charley Moore of Rocket Lawyer in which Charley discusses embracing smart contracts and the use of the Ethereum blockchain as the platform for his new ‘Rocket Wallet‘.

 

  • This post from Bob Ambrogi makes a convincing case that Cloud Practice Management Software Grows Up. “For the legal professionals who consume these products, this maturing and stabilization of the market can only be good news. No longer need they fear that the cloud is an iffy proposition. No longer need they worry about the viability of cloud providers or the security of their platforms. Cloud practice management is a mature and stable market offering a rich array of products and the promise of continuing development and innovation.”

 

  • Here’s yet another discussion of the incompatibility of the GDPR and blockchain: Why Blockchain And The GDPR Collide Over Your Personal Data, this time from Tom Kulik of Scheef & Stone.

 

  • I enjoyed this breezy summary of last week’s Clio Cloud Conference by Dan Lear, focusing on small firms.

 

  • I’ve got to see a demo of this new pricing offering from Neota Logic and Validatum: Platform brings AI to pricing legal work. “Virtual Pricing Director will give users a complete pricing summary, outlining not only the fees options but also an explanation of how they are calculated, making it easy for the client to select the right option for them. One more click and it will be automatically emailed to the client, and put on your client file.” Wow.

 

  • Here Osler touts its CRM platform that provides “Relationship Intelligence” by “leverage(ing) artificial intelligence (A.I.), machine learning, and data automation to improve team productivity, data accuracy, and completeness of information in CRM.”

 

  • This from Australia’s Stacks: Algorithms, artificial intelligence, automated systems and the law. Several AI problems are discussed relating to society, business, government, and the human race generally.

 

  • And finally for today, Brownstein published Rise of the Machines: Artificial Intelligence and its Growing Impact on U.S. Policy, a summary of the “House Oversight and Government Reform Subcommittee on Information Technology … white paper on the intersection of public policy and artificial intelligence (AI).”
  • 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.