• 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.
  • From Goulston & Storrs‘ Retail Law Advisor,  penned Augmented Retail – The Use of Artificial Intelligence and Augmented Reality to Enhance the Customer Shopping Experience. The use of these technologies by Amazon, American Apparel, Ikea, Williams Sonoma and Sephora are discussed.

 

  • Standardization of legaltech, what a concept!! “…12 law firms (including LathamClifford ChancePaul WeissCravath, Freshfields, Linklaters and Skadden) have joined a consortium to support a legal tech startup called Reynen Court LLC, which is creating a platform to allow law firms to more quickly deploy legal tech tools such as contract analysis, discovery and practice management. In short, the effort is akin to creating an App Store that will allow law firms to quickly and more securely fire up third-party software.” These Big Law Firms Are Backing an App Store for Legal Tech Products. Coverage of this development here and here.

 

  • From Allen MatkinsKeith Paul BishopIs Artificial Intelligence The Future Of Rulemaking? “I can foresee a time when artificial intelligence is used to identify agency rulemaking proposals and to craft comments.  Agencies may in turn use artificial intelligence to categorize, analyze and even respond to comments.  In this dystopian future, regulations may be entirely drafted, commented on and promulgated by computers.”

 

 

  • This post is from Covington’s Inside Privacy blog: IoT and AI Update: California Legislature Passes Bills on Internet of Things, Artificial Intelligence, and Chatbots. The post describes the law’s provisions.

 

  • Here’s the story of Keystone Law from it’s founding in 2002 as a different kind of law firm to the decision to float on the London Stock Exchange. AI and blockchain are mentioned.

 

  • Included in this critique of the Legal Services Act (Tensions in Legal Services Act coming to fore, says review by Neil Rose), “The current structure therefore pre-dates the global financial crisis (which has led to austerity, shortfalls in the funding of legal aid and the wider courts and justice system, and then to a rise in litigants-in-person). It also pre-dates a use of technology that has become more extensive and pervasive, as well as the rise of artificial intelligence in law.”

 

  • Here’s Part Three of Squire Patton Boggs’ Artificial Intelligence Law Is Here by Huu Nguyen. “Our discussion of AI Law turns now to the topic of robo-advisors, AI speech and AI legislations before Congress.” It includes reviews of and links to the first two parts. “it is clear that AI Law is here, and here to stay. The advice I can give to the law or computer science student today in this fast changing arena is to be part of the debate of where AI Law should be and not just focus on the technology.”

 

  • This, from Legal FuturesFrom lawyer marketplace to global law firm? “An online lawyer-matching business (Lexoo) targeted at companies has secured £3.4m in its latest funding round with an investor predicting that it could become ‘a virtual and distributed tech-driven global law firm’. Lexoo will use the funding to invest in new technology, including automated contract drafting and project management tools to further increase efficiencies of its lawyers.”

 

  • “The Solicitors Regulation Authority has been awarded £700,000 in taxpayers’ money to support innovations involving artificial intelligence to transform the legal services market for small businesses and consumers.” “According to the department, the SRA’s project, Data-Driven Innovation in Legal Services, ’will seek out and accelerate ethical AI-powered business innovations that support its regulatory objectives. The focus will be on growing the large underdeveloped legal services market for small businesses and consumers, where AI and automation can have a transformative impact’.” More from The Law Society Gazette here.

 

  • From Darren Hau of Marks & Clerk: Patenting AI: the EPO’s new guidelines: “In its annual update of the “Guidelines for Examination”, the European Patent Office (EPO) has provided further guidance for its examiners in relation to the patentability of inventions relating to mathematical methods and computer programs. This updated guidance is of particular relevance to inventions relating to the fast-growing field of Artificial Intelligence (AI). In part 1 of this article, we provide a summary of the key points from the updated guidelines that are relevant to AI inventions. Part 2 will follow, in which we will provide an in-depth assessment of the impact of the new guidelines on the patentability of AI inventions.”

 

  • “The American National Standards Institute (ANSI) will hold its annual Legal Issues Forum with the 2018 theme Legal and Ethical Issues of Artificial Intelligence, from 12:30 p.m. to 4:30 p.m. on Tuesday, October 16, 2018, at the FHI 360 Conference Center, 1825 Connecticut Avenue, NW, in Washington, DC.” Details here.

 

  • Since the release of Westlaw Edge, Thomson Reuters has been on an AI publishing tear. Some of the material is by their own folks and some by third parties touting the advantages of Thomson’s approach or their specific products. Here‘s another: Artificial Intelligence: The Debate Between Point and Platform Solutions by Sally Gonzalez.

 

Here are the latest headlines from Artificial Lawyer:

  • Legal Tech Leaders: Sam Moore, Innovation Manager, Burness Paull. Story here.
  • Meet LegalForce, Japan’s First Ever Legal AI Platform. Story here.
  • SRA Targets Legal AI A2J Applications with ‘Innovate Testbed’. Story here.

 

Blockchain

  • How Can Blockchain Thrive In The Face Of European GDPR Blockade? “In an almost direct clash of intentions, the GDPR has effectively banned the use of blockchain technology in Europe because of its immutable nature. The GDPR offers the power back to the individual to edit and delete data which falls into the hands of centralized authorities, but when there is no centralized authority, there is no need for data to be moved around. This is the crux of the GDPR’s clash with blockchain. So, what happens to Europe and the next technological wave?” The post by Darryn Pollockdescribes the situation in some detail and says the regulations should change, but does not offer specific suggestions.

 

  • Here’s a brief summary of the second and the final day of Ripple’s Swell conference, including a link to this 20-page report. (“Conducted in August of 2018, the Blockchain in Payments Report analyzed data from 676 respondents across 22 countries who are directly involved with payment services at their organization.” There is no mention of the response rate of other methodology. Assuming no problems there, 676 responses should support robust analysis.)

 

  • From Anastasios Antoniou of the Oxford Faculty of Law: Bridging the divide between code and law in distributed ledger ecosystems. “Code and law have been entangled in a silent tension ever since the advent of cyberspace.  The centralised architecture of cyberspace paved the way for law to prevail.  The latest manifestation of this tension, however, appears to be opening up a Pandora’s box.  Blockchain and law are on a silent collision course that must be addressed. This post argues that in bridging the divide between code and law in blockchain, a radical rethink of regulation is imperative.”
  • It’s easy to make long term predictions, largely because it’s so rare for anyone to go back and see how you did. In this post, (The Long View of Legal Innovation) Ron Friedmann goes back 15 years to take a look at his own prognostications. Some of it was pretty obvious (“change management remains a hard problem to solve: many lawyers resist new ways of working”), but I believe the basics of his Federalism & Foundations “grant” model was/is interesting and holds up. Not bad!

 

  • With AI, it’s all about the data. I expect the data in almost every firm’s matter intake system could be improved by both doing less and doing more. It’s time for some serious process engineering! This article by  takes a look at some of these issues.

 

  • From DLA Piper’s IPT Italy BlogPrisca, the DLA Piper chatbot that will become your personal assistant. “We are thrilled to announce the launch of Prisca, DLA Piper chatbot that will be able to answer data protection law questions and intellectual property questions on trade secrets. Prisca is an artificial intelligence system based on IBM Watson technology that can help you to find the information you need about the GDPR and trade secrets, their provisions, definitions and what you should do to be compliant.”

 

  • Speaking of Italy, this is from Dentons Italy. Rise of the machines: could the increasing use of technology lead to a four-day working week for all? “Frances O’Grady, the TUC’s general secretary, said: ‘Bosses and shareholders must not be allowed to sweep up all the gains from new tech for themselves. Working people deserve their fair share and that means using the gains from new tech to raise pay and allow more time with their families.'”

 

  • From Kelly Twigger via Above the Law: Why Review Is Much Harder Than You Think. “…(D)o we really need all of this linear review?  Is it worth the money? Review is essential — no question. But what you review needs careful consideration and it should almost always be a small subset of what you’ve collected. To get to that subset takes thoughtful preparation and time, together with input from the client, consideration of the case strategy and your obligations.”

 

  • MoFo postBig Data and AI: “The Algorithm Did It” Defense Will Not Fly in Court.

 

  • Also from MoFo, these brief observations: Artificial Intelligence vs. Emotional Intelligence. (The post’s title sounds promising, but the content doesn’t really deliver.)

 

  • Senators introduce the ‘Artificial Intelligence in Government Act’ “Per a news release, the bill would seek to “improve the use of AI across the federal government by providing resources and directing federal agencies to include AI in data-related planning.” Details here and here.

 

  • This, from  of EffortlessLegal: Top Five Reasons Why Outdated Technology May Be Hindering Your Firm’s Potential. “Even if your legal services are the best available, not measuring up when it comes to technology will give the perception that you are slow, outdated, or otherwise not qualified to handle the client’s legal matter.”

 

  • Law firms join forces with university in lawtech initiative. “The University of Manchester will bring together an interdisciplinary academic team from its schools of law, business and computer science, to form a consortium with City giant Freshfields Brukhaus Deringer and DWF Ventures, the national law firm’s research and development arm. The consortium is the first research collaboration of its type in the UK to draw on business and academic expertise to develop research and teaching focused on the potential application and the impact of digital technology in legal services provision.” More here.

 

  • This post is from Stephen Beney and Reshika Dhir of Bereskin & Parr Inventorship in the Age of AI. “(T)he pervasive use of AI has given rise to a very interesting legal question of who should be considered the true inventor(s) of AI-generated inventions.”

 

  • This article features Ari Kaplan’s interview of Anthony W. Crowell, the Dean and President of New York Law School regarding the newly launched Business of Law Institute. “The Business of Law Institute is going to start with a series of programs that tap into our alumni and other experts, who will teach master classes that give an in-depth review of different areas, including data privacy, artificial intelligence, blockchain, and other pressing issues.”

 

  • Here’s a detailed look at the PwC/Fragomen hookup: The PwC / Fragomen Alliance Unpacked: A Peek Inside The Big Four’s Legal Market Playbook.

 

  • From Kemp IT LawLegal Aspects of Artificial Intelligence (v2.0). It’s a 47-page white paper on the subject.

 

  • It seems I’ve fallen behind re the always-interesting posts from the UK’s Artificial Lawyer. Here are some recent headlines:

– O Silo Mio! – LegalTech Silos Are On The Rise, and That’s Bad. Story here.

AI Doc Review Co. Evisort Partners with LSI Translator. Story here.

– Smart Contract Org. Accord Bags Clifford Chance + More. Story here.

– 5 Questions Lawyers Should Ask About AI. Story here.

– BCLP Launches New Post-Integration Global Innovation Group. Story here.

– Legal Tech Popcorn, Feat: ContractPodAi, HSF, OpenLaw + vLex. Story here.

– Demystifying AI For Lawyers: Supervised Machine Learning. Story here.

 

Blockchain

  • Araa Group of Advocates and Legal Consultants has become Dubai’s first blockchain based law firm after signing a collaborative partnership with e-Mal. Here’s the press release. “By signing the partnership with Araa, e-Mal will bring more efficiency and uniformity in contracting like done by OpenLaw, ContractCode, Integra Ledger within the Legal Industry. By introducing the blockchain based platform, legal documents within the chain will now be a ‘single source of truth’ within the legal blockchain.”

 

  • From India’s AMLegalsIs Your Contract Safe and Healthy? The post offers a bit of a contract check-up via a series of questions.

 

  • Walmart to salad growers: If you want to sell, you have to blockchain. Full story here.

 

  • Shearman & Sterling post: Gaps in Current Legal Framework Hindering Blockchain-based Trade Finance. “…(W)hile it has become technologically possible to execute transactions using negotiable instruments registered via blockchain technology, existing U.S. law recognizes negotiable instruments only if they are on paper and signed, which hinders the advancement of blockchain-based trade finance.”

 

  • Hogan Lovells postedNational Science Foundation Seeks Comments on Artificial Intelligence, Continuing Policy Makers’ Focus on AI.

 

  • Perkins Coie is the latest to join the Accord Project. Here’s their press release.

 

  • This, from Deepika Sharma of Khurana & Khurana Smart IP: Blockchain Technology in China. “Chinese government is introducing measures to protect blockchain IP they are also trying to bring it under China’s cyber security law.”

 

  • California Governor passes two bills in favor of blockchain. Details here. “That it was signed into law is a great testament to the work being done around the state by folks like the Blockchain Advocacy Coalition to advance this rapidly growing technology.”

 

  • Regarding federal blockchain legislation: “Ripple will lead a group of crypto startups to lobby lawmakers and financial regulators in D.C. to support crypto and blockchain innovation, Bloomberg reported on Thursday, September 27.” More here.

 

  • Here’s Volume 36 of K&L Gates’ Blockchain Energizer, summarizing three blockchain news stories.