• Legalweek (formerly Legaltech) is just a few days away, so here’sA Beginner’s Guide To The Biggest Week In Legal Technology.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

From Artificial Lawyer:

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

 

Posts by Law Firms:

 

 

 

 

 

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

 

 

 

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

 

 

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

 

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

 

Press Releases and sponsored posts:

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

 

 

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

 

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

 

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

 

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

 

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

 

Blockchain

 

 

 

 

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

 

 

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

In just two weeks, Legalweek 2019 will kickoff in NYC with all-day workshops on Artificial Intelligence and Blockchain. I wish I could attend those, but I’ll be participating in the Competitive Intelligence Workshop down the hall.

  • Check out this post by Mark Dibble of HighQ: How to Unlock a Firm’s Data Potential. Drawing on Andrew Baker of HBR Consulting’s idea of “Dark Data“, he does a good job of illustrating how firms miss many opportunities to leverage the data they already have.

 

  • And also check out this insightful post from Joanna Goodman: Two tribes go to war. “I recently watched Mary Poppins Returns and found the same lawyer stereotype. The first indication that Mary Poppins’ help is needed is when two lawyers knock on the door to give the Banks family an immovable loan repayment deadline. These fictional lawyers are inflexible until they ultimately realise that they are on the losing side – when they change their tune. This 2018 movie depiction is almost an allegory for legal AI and innovation, with lawyers and commentators gradually changing sides, so that eventually they all claim the ‘correct’ prediction.”

 

  • An issue with AI has long been the “black box” nature of its decisions. This is especially problematic when it comes to assigning liability in court. According to this article, Google is making some progress in this regard: Google Brain Built a Translator so it Can Explain Itself.

 

  • Here’s a good explanation of how chatbots can be used in law firms, from A2J to corporate clients: Chat show: How chatbots can grow your business.

 

  • Michael Heric and Neal Goldman of Bain & Company postedCorporate Legal Eagles Start to Embrace Artificial Intelligence. “Legal groups committed to accelerating their digital journey need to find a practical path that balances opportunities with the realities of the organization’s current digital maturity, investment budgets and the cultural transformation required.”

 

  • Ari Kaplan interviewed Suffolk Law’s Gabe Teninbaum for this post: Reimagining Innovation In Legal Education. “…(B)eing capable with technology is now a core responsibility for all practicing lawyers.”

 

  • A2J: Here’s a bit of the history about how Legal You is being used within the law firm Navigating The Courts: Legal You.

 

  • From Today’s Conveyancer we haveArtificial Intelligence Within The Legal Sector. It’s a summary of the SRA (Solicitors Regulatory Authority) report on Technology and Legal ServicesReport here.

 

  • Pepperdine Law’s Dean Paul Caron posted: How Law Schools Are Using Virtual Reality In The Classroom. “The University of Kansas School of Law, like a growing number of law schools across the nation, is starting to teach its students cutting-edge quantitative subjects such as data analysis and artificial intelligence.”

 

  • This post is from ComputerWeeklyArtificial intelligence qualification helps law firm implement AI-powered business systems. “International law firm Taylor Wessing is implementing artificial intelligence (AI) across the organisation and wants to ensure staff have the necessary skills to make the most of the technology.”

 

  • AI Litigation Analytics: A Fad Or The Future? A dive into . Article here.

 

  • (These) findings come from a survey conducted in the ABA’s 2018 Legal Technology Survey Report, with 900 respondents from across the nation and at firms of various sizes”: ABA Survey: Only 10 Percent of Law Firms Are Currently Using AI. (Take these results with a large grain of salt as the answers depend on how the respondents interpreted AI; if one rightly includes eDiscovery as AI, these numbers grossly understate actual use.)

 

From Artificial Lawyer:

  • Singapore to Launch Automated Litigation Work Platform For Prosecutors, Set to Embrace AI. Post here.

 

  • Linklaters + Deloitte Join £0.5m FinTech Financial Inclusion Project. Post here.

 

  • Anatomy of the LawGeex Rebrand, From Legal AI to Lawstars! Post here.

 

  • Autto: Pioneering Legal Workflow Automation – A Video Explainer. Post here.

 

  • Atrium: ‘Using Tech to Amplify the Talent of Lawyers, to Help the Clients’. Post here.

 

Law Firm Posts:

 

  • This, from Squire Patton Boggs’ Francesco Liberatore and Barry A. Pupkin: AI’s Impact on Antitrust and Competition Law Issues.

 

  • Gibson Dunn posted this piece: The Impact of the New USPTO Eligibility Guidelines on Artificial Intelligence-related Inventions.

 

  • From Crowell & Moring: Crowell & Moring Releases 2019 Litigation Forecast: What Corporate Counsel Need to Know for the Coming Year. “The Forecast takes a deep dive into how technology is increasingly having a profound impact on the practice of law, and in particular on litigation case strategy.” Post here.

 

  • STA Law Firm posted: Artificial Intelligence In Healthcare Sector In UAE. Post here.

 

 

 

 

 

Press Releases and Sponsored Posts:

  • ADP, Toronto startup bring employment law insights to HR with AI-powered tool. Post here.

 

BLOCKCHAIN

  • This, from MIT Technology Review: Hate lawyers? Can’t afford one? Blockchain smart contracts are here to help. “…(T)he two biggest players in the market—Rocket Lawyer and LegalZoom—are experimenting with blockchain smart contracts. In theory, they could help automate a vital part of the process and make some legal services easier and cheaper to use for everyone.”

 

  • Coindesk publishes a lot in this space, this post for instance: Lawyers Rush In: New UNH Blockchain Program Nabs Big-Name Speakers.

 

Who is Supporting And Who is Opposing Blockchain?

  • Against: China will now officially try to extend its Great Firewall to blockchains. “The Cyberspace Administration of China (CAC) will require any “entities or nodes” that provide “blockchain information services” to collect users’ real names and national ID or telephone numbers, and allow government officials to access that data. It will ban companies from using blockchain technology to “produce, duplicate, publish, or disseminate” any content that Chinese law prohibits. Last year, internet users evaded censors by recording the content of two banned articles on the Ethereum blockchain.” Article here.

 

  • Supporting: Douglas County, Washington: After the bitcoin bust and a local bankruptcy, Douglas County doubles down on blockchain. Post hereWashington’s Douglas County is Looking to Build a Blockchain Innovation Campus. Post here and here.

 

  • Supporting: Blockchain Research Now Granted Tax Credit in South Korea. Details here.

 

  • Supporting: Canada: Government of Canada welcomes DENSO Corporation’s Innovation Lab to Montréal, Quebec. Story here. (It’s really AI, but this seemed like a good place to put it.)

 

  • Supporting: Washoe County, Nevada: From Artificial LawyerUS State Officially Starts Using Blockchain for Marriage Certificates.

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

Now, the news:

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

 

Law Firm AI Posts:

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

 

From Artificial Lawyer:

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

 

News Releases and Sponsored Posts:

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

 

BLOCKCHAIN:

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

 

Law Firm Blockchain Posts:

 

 

There was very little real AI or blockchain news over the holidays, especially legal-related. But there was a plethora of posts reviewing 2018 and forecasting 2019 and beyond, so that’s the focus of this post. I suggest you skim these titles and then skim through the lists included in most of the posts; you’re likely to find a nugget or two that focus on your interests.

(Note: there have been dozens of similar AI and blockchain posts specific to other industries. Many are at least tangentially related to legal, but I have omitted those to keep this post somewhat manageable. Those include almost every industry you can imagine from maritime to construction and from automotive to marketing. Healthcare leads the pack. Similarly, there have been many country-specific posts and quite a few regarding the international competition to lead in these areas. Some of that is summarized in this, from the Centre for International Governance Innovation: 2018: A Landmark Year for Artificial Intelligence.)

 

First, a bit of real news:

  • A2J has taken a step forward (I think) with SUE THE COLLECTOR. Here’s the (typo-filled) news release: “After partnering with literally dozens of law firms across the United States, Sue The Collector, Inc has helped thousands of Consumers in America turn the tables on Debt Collection companies and help consumers recover millions in damages caused by reckless and illegal debt collectors that violate the Fair Debt Collections Practices Act, (FDCPA), The Telephone Consumer Protection Act (TCPA) and RESPA, TILA and SCRA Acts including numerous state laws such as California’s Rosenthal Act. To date, the Lawyers have helped consumers cancel over 1 Billion Dollars in Debt and have recovered millions in fines and settlements.”

 

  • This, from Epstein Becker: Startup Roadshow: AI in Healthcare (FDA Regulation of Artificial Intelligence Used in Healthcare – 2019 Multi-City Tour). (H/T to Rich Westling for the post.)

 

  • From the Reno Gazette Journal, here’sDriver’s licenses next? How one Nevada county is using blockchain for marriage certificates.

 

  • Giangiacomo Olivi of Dentons posted: Top Five Issues To Consider. “Datasets processed through AI systems (also “AI Data Lakes”) are becoming increasingly popular, with an exponential increase in potential “use cases.” You will find here below the main legal issues to consider.”

 

  • Streetwise Reports postedMajor Title Companies Adopt Blockchain to Cut Down on Security Breaches.

 

 

  • Just this morning, the NYT postedCurbs on A.I. Exports? Silicon Valley Fears Losing Its Edge. “The Commerce Department is considering national security restrictions on artificial intelligence. Some worry they could stunt the industry in the U.S.”

 

  • From The IPKatCommercial use of image rights: Paris Tribunal boosts models’ and performers’ protection.

 

  • I had never heard of East Coast Polytechnic Institute University in my home state, but it seems University in North Carolina Issues Degrees Using Blockchain. And also from North Carolina, “For students at the North Carolina School of Science and Math, the future is now. An alum has given $2 million to start an artificial intelligence and machine learning program at the public boarding school in Durham.” Story here.

 

  • Sharmeen Shaikh of Khurana and Khurana posted: Is It Possible To Patent Artificial Intelligence? “(AI) is yet to gain compatibility with the patent laws on a global level.”

 

  • This, from American Banker: BankThink Don’t underestimate AI’s risks. “Artificial intelligence technologies have already begun to transform financial services. At the end of 2017, 52% of banks reported making substantial investments in AI and 66% said they planned to do so by the end of 2020. The stakes are enormous — one study found that banks that invest in AI could see their revenue increase by 34% by 2022, while another suggests that AI could cut costs and increase productivity across the industry to the tune of $1 trillion by 2030.”

 

  • The Next Web‘s blog, Hard Fork posted this useful guide: 5 of the best podcasts to get you into cryptocurrency and blockchain.

 

  • From the New York Times, here’s a sobering look at just how big tech is todayBig Tech May Look Troubled, but It’s Just Getting Started.

 

Artificial Intelligence in 2018:

  • One of the best sources of all news re legal innovation is , so here’s Bob’s My Most Popular Posts of 2018. Also from Bob, here’s The 20 Most Important Legal Technology Developments of 2018.

 

  • Another reliable source of the best and latest news is Richard Tromans’ Artificial Lawyer, so here’s Artificial Lawyer Year in Review – 2018 – What a Year! (I agree.)

 

  • Fieldfisher provided this list of 2018’s data protection milestones2018 – a year like no other for data protection! Part 3.

 

 

  • New Atlas publishedFrom weapons to works of art: The year in artificial intelligence.

 

  • According to “a panel of experts,” here’s What Mattered in 2018: Industry Insiders Reflect on the Biggest Moments in IP. (Lots of AI and some Blockchain is mentioned.)

 

  • From TechTalks, here’s The biggest artificial intelligence developments of 2018.

 

  • Here’s a useful collection: CMSWire’s Top 10 Artificial Intelligence and Machine Learning Articles of 2018.

 

  • From Pat Lamb and the good folks at Attorney at Work here’s2018 InnovAction Award Winners More Than Just the Latest Buzz.

 

  • Here’s How Apple, Amazon, Facebook, Google And Microsoft Made 2018 The Year That IT Mattered A Lot.

 

Artificial Intelligence Forecasts:

  • From the always astute Ron Friedmann, here are some thoughts about Overcoming FOMO – The Reality of Legal Tech. Not exactly a forecast, but how to shape your own future (in-house and law firm folks). And here are more thoughts from Ron on how to move ahead: The Long View of Legal Innovation. At the end of the latter post Ron included this link to another excellent post about legal tech innovation, this one from 

 

 

  • From Housing Wire, here’s Expert: Regulatory burdens to drive AI replacement of humans. (Ballard Spahr Partner Richard Andreano is interviewed.)

 

  • I did not sign up to receive this survey, so I can’t critique its methodology, but here’s “MarketResearchReports.Biz Announced New Research Study on Report “Artificial Intelligence and RegTech Market – Global Industry Analysis, Size, Share, Growth, Trends and Forecast 2018 – 2026.”

 

  • Rather surprisingly, this post is from Interesting EngineeringAI vs. Lawyers: The Future of Artificial Intelligence and Law. “Leibniz: The First Lawyer to Predict the Use of Machines in Law”

 

  • This, from Barron’sArtificial Intelligence Is Coming to Disrupt Customer Service — and Sooner Than You Think.

 

  • How about some tabloid click bait? From the UK’s Express, here’s Artificial intelligence: ‘Empathy bots’ with human emotions to be in our homes NEXT YEAR. “NEXT year will see the introduction of robots which have HUMAN emotions and could believe that they have been enslaved, according to leading tech experts.”

 

  • But seriously, from DataQuest, here’s The Rise of Artificial Intelligence and Machine Learning in 2019. Sandeep Parikh of EY is interviewed.

 

  • From TNW (The Next Web): Here’s what AI experts think will happen in 2019. Story here.

 

  • From Wired, here’sIn 2019, despite everything, the UK’s AI strategy will bear fruit :The UK plans to spend £1 billion on artificial intelligence. By closing the skills gap, the UK can stay at the forefront of innovation.”

 

  • According to my favorite magazine and some Pew research, many Americans are not very comfortable with where all this is headed.

 

  • Just for funBlade Runner’ predicted what life would be like in 2019. Here’s what the movie got right — and wrong. Here’s another take on Blade Runner’s prescience. And from NBC, here’s19 bold predictions for science and technology in 2019 (lots of smart folks and their predictions).

 

Blockchain in 2018:

  • Here are some blockchain sports cards for you: CoinDesk’s Most Influential 2018.

 

Blockchain Forecasts:

  • This, from Olga V. Mack: How To Innovate Using Blockchain Within The Legal Field And Other Industries? I like her focus on the relationship between the practice and business of law.

 

  • FinExtra postedSome blockchain predictions for 2019. (If you only read one overview of what’s coming for blockchain generally, this would be a good choice.)

 

  • Crypto site Smartereum posted2019 May Not Be Marked With A Lot Of Progress In The Blockchain Industry According To Some CIOs, and thisWhat Will 2019 Bring For Blockchain Technology? and thisBlockchain Technology Will Fulfill Its Purpose By Revolutionizing The World In 2019.

 

  • CoinDesk posted2019: The Year We Might (Finally) See Better Blockchain UX? And also from CoinDesk, we have2019: The Year Blockchain Begins Finance’s Great Unbundling.

 

  • CoinTelegraph postedToo Soon for Blockchain Benefits in 2019, Says UPS Executive. “Senior executives at United Airlines (UA) and logistics giant UPS think 2019 will not be the year blockchain goes mainstream, the Wall Street Journal reported on Dec. 28.”

 

  • Digital Journal postedWill 2019 finally see the rise of blockchain?

 

Looking back and ahead, and/or AI and Blockchain:

  • From Zach Abramowitz, here’s Notes From A Legal Binge (Part II). “Legal technology has gone from something that no one cared about to one of the industry’s most important sectors — and the conversation continues to mature.”

 

  • This, from Information AgeArtificial intelligence: What changed in 2018 and what to expect in 2019. “In the artificial intelligence and machine learning space, 2019 will see the rise of the intelligent application.”

 

  • From Hacker Noon, here’s OpenText: Convergence of blockchain, IoT & AI will lay out the path for supply chain autonomy.

 

  • Law.com has pulled together several futurist articles here in: Business, Tech and Regulation: What’s Ahead for the Legal Industry in 2019.

 

  • TechTarget interviewed several IT professionals as the basis for this postTechnology trends 2019: Expect AI, blockchain uncertainty.
  • Will an A.I. Ever Become Sentient? “The quest for artificial intelligence could yield something that not only out-thinks humanity but can also feel like us.” Interesting (long) post here.

 

  • Also from Medium: Artificial Intelligence, Consciousness and the Self. This one too is interesting but rather long.

 

  • Capital One AI chief sees path to explainable AI. “Nitzan Mekel-Bobrov, head of artificial intelligence work at card issuer Capital One Financial, disputes the notion deep learning forms of machine learning are “black boxes,” and insists sensitive matters such as decisions to assign credit can be made ‘much more interpretable’.” Story from ZDNet here.

 

  • Uber is getting back into the autonomous vehicle game. Coverage here and here.

 

  • Meanwhile, Kia is looking past vehicle autonomy to reading the driver’s state-of-mind: CES 2019: Kia prepares for post-autonomous driving era with AI-based real-time emotion recognition technology. Coverage here.

 

  • This 45-minute podcast is from   LawNext Episode 23: Dan Rodriguez on Innovating Law and Legal Education.

 

  • Here’s another rather lengthy thought piece from Mark A. CohenLaw Is Lagging Digital Transformation — Why It Matters.

 

  • Google is opening another AI lab, this one at Princeton. Coverage here and here.

 

  • Construction Dive postedThe Dotted Line: Mitigating the risks of technology. “It’s finally happening. Robotics, artificial intelligence, virtual reality and other cutting-edge technology that has empowered a number of industries has undeniably made its way to construction sites. But with new tools come new risks and new ways to manage those risks.”

 

  • Google posted this update. If you’re generally following AI, it’s worth your time. “Six months ago we announced Google’s AI Principles, which guide the ethical development and use of AI in our research and products. As a complement to the Principles, we also posted our Responsible AI Practices, a set of quarterly-updated technical recommendations and results to share with the wider AI ecosystem. Since then we’ve put in place additional initiatives and processes to ensure we live up to the Principles in practice.” The text of the post isn’t what matters here, it’s the several links that provide what I consider best practices.

 

  • Jason Tashea of the ABA Journal postedCalifornia imposes new regulations on ‘internet of things’ devices. “…(M)anufacturers of connected devices will have to include ‘reasonable security’ features to protect stored or transmitted information from ‘unauthorized access, destruction, use, modification or disclosure’.” More coverage of how California’s new data privacy law could change how companies do business in the Golden State here.

 

  • This is also from Jason Tashea at the ABA JournalAccess-to-justice gap? It’s the economy. “In November, the ABA published Formal Opinion 484. From the ABA Standing Committee on Ethics and Professional Responsibility, the opinion approves of some forms of attorney fee financing, believing that they can help close the access-to-justice gap, defined as those who need but can’t attain legal support.”

 

  • This vendor (VerbIT) is new to me. “A VerbIT transcription process starts with an adaptive AI engine that automatically transcribes content at very high accuracy, regardless of subject matter or accent. A sophisticated algorithm distributes each file through 2-layers of human transcribers within seconds, and checks for congruence, localized spelling and other common inaccuracies. The entire process is extremely fast, and yields +99% accuracy.”

 

Law Firm Posts

 

  • From Ropes & GrayPodcast: Artificial Intelligence and Intellectual Property Considerations. Sixteen-minute discussion of AI-driven technologies here.

 

 

  • How Fenwick Labs‘ Growth Is a Microcosm of Legal Tech’s Evolution. Post here.

 

 

 

  • This, is from Bruce Stachenfeld of Duval & Stachenfeld: Artificial Intelligence: Is It Really A Threat To Us Lawyers? “(S)omeday AI may have an impact on our profession that is more than automating drudge business, but in my view not yet, and not for a long while.”

 

  • Stewart A. Baker of Steptoe & Johnson LLP postedThe Cyberlaw Law Podcast: Blockchain Takes Over The Podcast. It’s a summary of this hour-long podcast.

 

 

  • Today’s release of the 2018 Blickstein Group Law Department Operations Survey Report reveals law departments are taking advantage of #newlaw options. Post here. I would evaluate the survey’s methodology, but to download the report one must agree to “you are opting in to receive Above the Law Sponsored Messages,” and I won’t.

 

Press Releases/Vendor Articles

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

 

 

  • DFIN Elevates Artificial Intelligence Platform with Acquisition of eBrevia. Post here.

 

  • Ascertus Limited has achieved over 100% business growth in 2018, including head count and revenue. This growth has come equally from existing client retention and new business, which has been driven primarily by increasing interest in iManage Work cloud deployments as well as BusyLamp legal spend management implementations.” Post here.

 

  • Dean Sonderegger of Wolters Kluwer posted: New Year’s Resolutions For Legal Tech. “We’ve covered several different use cases for AI in this column — and while the technology holds tremendous potential, we know that there’s no silver bullet or one-size-fits-all solution for everyone and every challenge. As we continue to see new offerings enter the market, the professionals who have a clear understanding of their business will ultimately be successful in unlocking the value of these tools and driving innovation within their organizations.”

 

From Artificial Lawyer

  • The eBrevia/Donnelley Merger, Start of A Legal AI Consolidation Wave? Post here.

 

  • This is a guest post by Michael Burne, Founder and CEO, Carbon Law PartnersA New Year’s Evolution: Is the Traditional Law Firm Model Finished…? “Are traditional firms a busted flush? Well, if by traditional we mean ‘unwaveringly wedded to a construct in the face of rapid change’ – then yes. If we mean ‘a broad adherence to values and a purpose driven organisation’ – then no.”

 

  • 2019 Legal Tech Predictions from the Market. Post here. Leaders of vendors are a few law firms make their predictions.

 

  • This look back is especially blockchain-focused. Christmas News Stocking from Artificial Lawyer.

 

  • Artificial Lawyer Year in Review – 2018 – What a Year! Post here.

 

Blockchain

  • This is a good, brief overview by Thomson Reuters Legal: Blockchain and Its Implications within Legal.

 

  • “The European Telecommunications Standards Institute (ETSI) announced Tuesday that it has launched a new industry specification group for blockchain.” Post here.

 

  • “Earlier this month, Malta held its blockchain conferenceDELTA Summit, attracting more than 3,500 industry experts and government officials. The Summit operates as a platform for investors and experts to share their experience and opinions, specifically on the controversially debated issue of regulation, with fellow entrepreneurs and investors of all ages.” LOTS of topics are covered in this post.

 

AI and Blockchain Prognostications and Looking Back (also see Artificial Lawyer above)

  • From Health IT SecurityBlockchain, HIPAA Regulation Lead Top 10 Stories of 2018. “(T)o get a sense of the topics that matter most to executive and clinical leadership, HealthITSecurity.com compiled the top stories from 2018. Here are the most read stories of 2019, leading down to the most popular article.”

 

  • This, from Medium: 2018 in Review: 10 AI Failures. Several are law-related.

 

  • Team Ripple posted this rather technical look back: 2018: The Year of Breakthroughs in Blockchain.

 

  • From iappTop 10 Privacy Perspectives of 2018.

 

  • The Big Four’s Big Year: Expansion, Immigration and Evaluation. “Deloitte, KPMG, EY and PwC all made moves in 2018 aimed at building their law practices.” You really should read this summary. It includes coverage of law firms hiring from the Big 4!

 

  • This is by Frank Ready of ALM: Blockchain Made Big Strides in the Legal Services Market During 2018.

 

  • Market intelligence firm Tractica posted: Artificial Intelligence Deployments Have Expanded to Include 258 Unique Use Cases Across Enterprise, Consumer, and Government Markets. “Annual Artificial Intelligence Software Revenue Will Total $8.1 Billion Worldwide in 2018.”

 

  • This commentary is from Information WeekPredictions for Artificial Intelligence in 2019. I found these especially interesting.

 

  • 5 Legal Tech Trends to Watch in 2019. This post is from Sysero.

 

  • From Rachel WolfsonBlockchain And Crypto Leaders Share Their 2019 Industry Predictions. This post isn’t very long and it’s quite interesting.

 

  • This one is from ComputerWorldBlockchain in 2019 and beyond: 5 predictions. “After a year where cryptocurrencies lost 80% of their value, and the hype around blockchain as a panacea for business transaction problems has cooled, 2019 will be a year of building real-world solutions.”

 

  • Crypterium posted this look ahead: 4 Major Blockchain Trends to Watch for in 2019. It’s short and straightforward.

 

  • IBM Artificial Intelligence Chief Shares His Predictions For 2019. 4-minute video here. Interesting thoughts re progress toward General AI.

 

  • O’Melveny is getting a lot of coverage of its recent announcement that it will use neuroscience-based games in its recruitment process. See stories here, here, here and here.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

From Artificial Lawyer:

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

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

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

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

 

Blockchain

 

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

 

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

 

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

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

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

–  From DechertNew Government Regulation of Emerging Technology.

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

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

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

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

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

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

From CadwaladerFDIC Chair McWilliams Urges More Collaboration On FinTech.

 

  • 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’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.