• Ken Grady doesn’t post often enough, but when he does it’s always worth the wait. Don’t miss this thought provoking piece. The Boring Law Firm: The model is dead, may it rest in peace. “Large law firm partners like owning their businesses and running them how they please. Right now, it pleases them to make money with ‘few’ risks. Altering the model suggests risk. We are in a battle over time — can they run out the clock (retire) before they lose the game.” And here are Ken’s latest thought about AI taking lawyers’ jobs.

 

  • And here’s a bit more about AI and law firm jobs from Sam Skolnik of Bloomberg LawArtificial Intelligence Creeps Into Big Law, Endangers Some Jobs. “”Here’s what won’t be going away: sophisticated, face-to-face human interaction between client and lawyer,’ said Tim House, U.S. senior partner for Allen & Overy.”

 

  • If you’re new to this topic, you may find this post by Neil Sahota a useful introduction: Will A.I. Put Lawyers Out Of Business?

 

  • Speaking of interesting thought pieces, check out this post from  about technology, firm culture, portable practices and shopping malls (really!). Law firms’ shopping mall problem.

 

  • This post from myshingle.com is full of interesting statistics regarding the economics of Big Law versus small/solo firms and the implications for technology. The Reason Why Legal Tech Remains the Domain of the Legal Elite: It’s All About The Money.

 

  • Here’s a worth-reading post by Rita T. Young, law librarian at K&L Gates (but not representing the firm’s views). As one would expect, well-researched and thoroughly footnoted! AI & the Practice of Law at the Crossroads: Where Are We Going? “Exploring the professional ethics implications of AI in the legal sphere.” “What I do want to talk about are the potential repercussions of the AI you are using now….” “The good news? There is still time to fix things because, if you’re reading this, you’re probably still in practice and your client doesn’t realize what you did because you haven’t either.”

 

  • Here’s an interesting post about “HHS receiv(ing) authority to operate the first blockchain-based tool in the federal government.” ““Our goal is actually to leverage and harness all of the data within HHS, which is about $24.8 billion in spend, about 100,000 contracts, about 1 million pages of unstructured data, and provide that information to the 20,000 members of the acquisition workforce in real time at their fingertips so that they can actually make good business decisions,” Jose Arrieta, associate deputy assistant secretary in HHS’ acquisition division, said during a recorded demo of the tool on Dec. 12. “We believe that without blockchain this would not be possible.”

 

  • I have posted here many times about the coming of chatbots to the legal space. Here’s Bob Ambrogi’s take on a recent entry from LexisNexis: Chatbots are Coming to Lexis Advance, to Help Guide Your Legal Research.

 

  • This piece from Information Age includes links to other interesting content. AI, cloud and security — top priorities for enterprise legal departments.

 

From Artificial Lawyer:

  • AI and A New Way of Looking At Contract Pre-Screening. Post.

 

  • Nalytics + Van Doorne Co-Develop Doc Compare Solution. Post.

 

  • Meet Sparqa – Solving the SME Legal Needs Challenge With Tech. Post.

 

  • Meet Evisort, The New AI Platform Set to Rock The $60 Billion Doc Review Market. Post.

 

From Law Firms:

 

 

 

 

  • Here’s a summary of Hogan Lovells partner Winston Maxwell‘s comments on Using artificial intelligence to fight hate speech.

 

  • Jones Day: Harriet TerrittWhat General Counsel Need to Know about Blockchain. This two-minute video is one of a series about blockchain from the firm.

 

  • Bird & BirdDr. Michael JünemannJörg-Alexander Paul: In Focus, Blockchain. Blockchain, the technology that underpins cryptocurrencies like bitcoin, is currently one of the most talked about technologies. Heralded as a ‘game changer’, this technology is disrupting a wide range of industries.” Post.

 

  • Kemp LittleEverything you want to know about artificial intelligence. “The rise of AI will present a host of challenges – ethical, practical and legal – and our specialists are involved with their peers in the law and industry in working out the right responses.” Post.

 

 

  • Taylor & Associates, a nationally recognized transportation law firm, is pleased to announce it has joined the Blockchain in Transport Alliance (BiTA), an organization dedicated to developing best practices and standards for blockchain in the transportation industry.” Post.

 

  • DLA Piper forms council to drive radical change agenda. “Now we are driving a fundamental change in mindset across our business to embrace radical change and evolve and expand our business through partnering with our clients to help them to succeed in our changing world.” Post.

 

Post by/about Vendors:

  • Artificial intelligence for law firms: An interview with Tony Ensinger of Kira Systems. Post.

 

 

  • From the ABA Journal and Ed Walters of Fastcase, AI Practice, Not Promise, in Law Firms. “AI-based analysis of data is just getting started; let’s look at the ways it’s already been implemented.” Post.
  • Legalweek (formerly Legaltech) is just a few days away, so here’sA Beginner’s Guide To The Biggest Week In Legal Technology.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

From Artificial Lawyer:

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

 

Posts by Law Firms:

 

 

 

 

 

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

 

 

 

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

 

 

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

 

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

 

Press Releases and sponsored posts:

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

 

 

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

 

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

 

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

 

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

 

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

 

Blockchain

 

 

 

 

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

 

 

  • Here’s a deep dive into the legal services offered by Oath ProtocolThe Lay of the Land in Blockchain Dispute Resolution and Governance Designs.
  • It seems the FCC plans to have a rather light touch when it comes to regulating AI. “FCC chair Ajit Pai signaled that when it comes to artificial intelligence and machine learning, the FCC was smart enough to exercise regulatory humility, particularly given that the technology could revolutionize communications, but registered concern about AI potentially perpetuating biases in decision-making.” More here.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

From Artificial Lawyer:

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

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

 

Blockchain

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

 

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

 

  • Ohio ‘rolls out the red carpet’ for blockchain businesses by accepting bitcoin this tax season. “As of Monday, Ohio became the first state where business can pay their taxes in cryptocurrency. (Ohio’s state treasurer Josh Mandel) said the decision was twofold: It increases “options and ease” for taxpayers, and it opens the door to software engineers and tech start-ups.” Coverage from CNBC here.
  • I love this “back of the envelope” answer to “Is it AI?” from Karen Hao and the MIT Technology Review.

 

 

  • This half-hour podcast from MeDermott’s Week in Health Law series addresses AI & the Practice of Medicine. Five guests participate (Terry Dee, Jiayan Chen, Kate McDonald, Dale Van Demark, Eric Fish). Topics include where AI in medicine is headed, the need for regulation, privacy, liability, insurance and more. Sorry about the audio quality.

 

  • From Buckley Sandler, here’s a brief summary of Federal Reserve Governor Lael Brainard’s remarks at the 11/13 “Fintech and New Financial Landscape” conference. “Brainard’s prepared remarks emphasize the benefits and potential risks to bank safety and consumer protection that new AI applications pose.”

 

  • AI probe hears calls for ethics code. “Calls for a code of ethics, concerns about ‘Minority Report’-style crime prediction systems and a proposal for a new legal framework governing data ownership were among the evidence presented to the second public meeting of a landmark probe into the use of algorithms in the justice system. Appearing before the Technology and Law Policy Commission last week, The Hon. Mr. Justice Knowles called for the development of an ethical and legal framework for artificial intelligence. ‘AI is going to go deeper into people’s lives than many things have before,’ he told the commission chaired by Law Society president Christina Blacklaws. ‘It is imperative that we take the opportunity for law and ethics to travel with it.’” Here’s the brief summary from The Law Society Gazette.

 

  • Also from The Law Society GazetteEmbrace technology before your business model is threatened, Welsh firms told. This article summarizes “a seminar held by the National Assembly for Wales on the challenges presented by artificial intelligence and automation to legal services….”

 

  • Greenberg Traurig’s Paul Ferrillo posted this along with SDI Cyber’s George PlatsisQuantum Computing to Protect Data: Will You Wait and See or Be an Early Adopter? “So while we are still very much in the “zone of the unknown” a word of advice: if you’re a data-heavy organization and you plan to use and keep that data for years to come, you need to start thinking about new and alternate forms of encryption today.”

 

  • Here’s another thought piece from Mark A. CohenWhat Are Law Schools Training Students For? “Law is entering the age of the consumer and bidding adieu to the guild that enshrined lawyers and the myth of legal exceptionalism. That’s good news for prospective and existing legal consumers.” He addresses the challenges this will present for law schools. “These changes are affecting what it means to ‘think like a lawyer’ and, more importantly, what skills “legal” skills are required in today’s marketplace.”

 

 

  • From MobiHealthNews: Roundup: 12 healthcare algorithms cleared by the FDA. “As AI cements its role in healthcare, more and more intelligent software offerings are pursuing 510(k) and De Novo approvals.” Each of the 12 are summarized here.

 

  • Here (Geek comes of age), Joanna Goodman provides a good summary of this year’s Legal Geek event and the look into the future presented.

 

  • This story appeared in the New Hampshire Union LeaderIs Alexa’s speech protected? “The proper police procedures for searching a home or briefcase have been hammered out through decades of case law. But the question of how easy it should be for police to access the vast troves of data collected by the so-called internet of things — devices like Amazon’s Echo, Google’s Home, smart toasters, and other household objects equipped with sensors and connected to networks — is far from settled law.” Several credible sources are cited for opinion.

 

  • Ashley Deeks of the University of Virginia Law School penned: Artificial Intelligence and the Resort to Force. “How will AI change the way states make decisions about when to resort to force under international law? Will the use of AI improve or worsen those decisions? What should states take into account when determining how to use AI to conduct their jus ad bellum analyses?” This post is an overview of a larger article by Deeks and two colleagues.

 

  • Eamonn Moran of Kilpatrick Townsend & Stockton wrote: A Regulator’s Assessment of the Impact of Artificial Intelligence on Financial Services. The Federal Reserve Board’s “Fintech working group is working across the Federal Reserve System ‘to take a deliberate approach to understanding the potential implications of AI for financial services, particularly as they relate to our responsibilities.'” Here’s the full post.

 

  • Former Lehman lawyer predicts big role for AI post-Brexit. “A former senior counsel for Lehman Brothers investment bank and artificial intelligence (AI) technology pioneer has predicted AI will be crucial in helping companies alter thousands of contracts rapidly in the aftermath of Brexit. Beth Anisman, former global chief administrative officer in Lehman’s legal compliance and audit department, who subsequently co-founded an AI company, Apogee Legal – recently sold to e-discovery giant Seal Software – said disentangling contracts following Lehman’s collapse 10 years ago would have benefited from AI.” More here.

 

Blockchain

  • From BlockTribuneBlockchain, AI and the Legal System – Will Tech Lead The Law? “What happens when technologies, such as deep learning software and self-enforcement code, lead legal decisions? How can one ensure that next-generation legal technology systems are not unfairly biased against certain groups or individuals? And what skills will lawyers need to develop in order to properly assess the quality of justice that flows from data-driven decisions?” “Mireille Hildebrandt, professor at the law, science, technology and society research group at Vrije Universiteit Brussels in Belgium, will formulate and respond to during a five-year project to investigate the implications of what she calls ‘computational law’.” More here.

 

  • K&L Gates has posted Volume 38 of it’s Blockchain Energizer Energy Alert, this time summarizing three recent developments.

 

  • West Virginia Secretary of State Reports Successful Blockchain Voting in 2018 Midterm Elections. “…(I)n the 2018 midterm elections, 144 military personnel stationed overseas from 24 counties were able to cast their ballots on a mobile, blockchain-based platform called Voatz….” More here.
  • I can’t wait to see a demo of this. Neota Partners With Legal Consultants for AI-Based Billing Tool. “Neota Logic and legal pricing consultants Burcher Jennings and Validatum teamed up to launch Virtual Pricing Director, a collaboration years in the making.”

 

  • Here’s more news from Neota Logic: Legal tech education: Neota partners with three new universities. “Neota Logic will today (19 October) announce three new education partnerships, with The University of Limerick, Ulster University and London South Bank University, which has launched a new law and technology option for students. Over the course of a semester, students at these schools will learn how to design, build and test digital legal solutions that solve a specific access to justice problem.”

 

  • Slaughter and May expands scope of its technology entrepreneurs programme. “The first two cohorts of the programme, originally named Fintech Fast Forward, focussed on UK-based start-up and high growth companies operating in the fintech sector, including paymentstech, insurtech, regtech, data analytics and AI. Under its new name, Fast Forward, the programme will be expanded to cover young companies operating in a diverse range of emerging technology sectors including IOT, cryptography, cyber, robotics, machine learning and DLT, as well as fintech.” More here.

 

  • Corrs postedAlong for the Ride: Considering the Legal and Practical Consequences of Self-Driving Vehicles. “If you’re over seven years of age – and have completed an online registration process – you can be part of Australia’s first Automated Vehicle Trial, by taking a ride on the Royal Automobile Club of Western Australia (RAC) Intellibus, a fully automated, electric shuttle bus launched on public roads with the support of the WA State Government and the City of South Perth.”

 

  • Gavelytics Partners with CourtCall, Expanding Judicial Analytics to New States, Markets. “Remote court appearance provider CourtCall will offer a ‘simplified version’ of Gavelytics judicial analysis as it expands to Florida, Texas and California.” Details here.

 

  • From LittlerWhat Construction Attorneys Need To Know About AI. (Subscription required.)

 

  • This post isn’t as “legal” as the title might suggest, but it’s an interesting consideration. Artificial intelligence — Who is responsible for the outcomes?

 

  • Thomson Hine postedDepartment of the Treasury Releases Interim Rules Expanding Scope of CFIUS and Creating Pilot Program for Certain Transactions. “While the text of ECRA does not define the term “emerging and foundational technologies,” the following industry sectors could be included: artificial intelligence….”

 

  • Neil Rose postedNew tech demands code of “cyber ethics” for lawyers.

 

  • More from the Mintz seriesStrategies to Unlock AI’s Potential in Health Care, Part 2: FDA’s Approach to Protecting Patients & Promoting Innovation. “Artificial intelligence—AI—is the future of everything. But when patient health is on the line, can we trust algorithms to make decisions instead of patients or their health care providers? This post, the second in our blog series about AI in health care, explores FDA’s proposed regulatory model that is supposed to be better suited for AI (and similar technologies) while still protecting patients.”

 

  • This from HR Daily Advisor: “Like it or not, it’s time to prepare your employees for the fourth industrial revolution, where automated technologies and artificial intelligence are becoming mainstream. Below is more information about what you can do to accomplish this as an L&D professional.”

 

  • From WombleA.I. in the TCPA Crosshairs: TCPA Class Action Challenges Hotel’s Use of IVY Concierge Artificial Intelligence SMS Platform.

 

  • This from the International Association of Privacy Professionals: Perspective: Should robots have rights? “(California) Bill 1001 implicates a hitherto-abstract, philosophical debate about when a simulation of intelligence crosses the line into sentience and becomes a true artificial intelligence.”

 

  • This 5-minute podcast is from Shook Hardy: Can Robots Be Sued? Q&A With Cory Fisher.

 

  • Fully digital conclusion of contracts via Alexa becomes possible for clients of insurtech firm Deutsche Familienversicherung. “Customers can now not only receive advice from Alexa, but can also simultaneously conclude an insurance contract within only a few seconds.” Story here.

 

  • At least in the UK: “There may need to be some coverage disputes before professional indemnity (PI) insurers work out how to deal with bad advice given by artificial intelligence (AI) systems used by lawyers, a leading City firm has warned. It said the widespread use of technology that utilised AI ‘contributes to additional complexity and uncertainty for insureds and insurers when assessing risk and apportioning liability’. More here.

 

  • From Legal Futures: Law firms look to leverage data in battle with new providers. “Law firms big and small are increasingly viewing artificial intelligence (AI) software and particularly the exploitation of data as integral to business health, a survey has found. The annual law firm benchmarking survey by accountancy and consultancy firm Crowe, also found a growing fear of non-lawyer legal services providers, especially among City firms.” I could not find the survey methodology, so let the reader beware.

 

  • “Above the Law and Thomson Reuters present Big Data and the Litigation Analytics Revolution, the fourth and final installment of our Law2020 series, a multimedia exploration of how artificial intelligence and other cutting-edge technologies are reshaping the practice and profession of law.”

 

  • From Artificial Lawyer:
    • “Global legal tech company, Thomson Reuters (TR), has partnered with contracting automation platform Synergist.io, in a move that will see the Germany-based startup integrate with the well-known Contract Express document automation system.” Story here.
    • We Are All Lawyers Now – The Rise of the Legalish. Interesting perspective here.
    • Language and Machine Learning – A Lawyer’s Guide. Post by Johannes Stiehler, CTO, of text analytics company Ayfie
    • More A2J news! California Starts Special Task Force on A2J Tech, Legal AI Founder Joins.

 

Blockchain

  • China’s Internet Censor Releases Draft Regulation for Blockchain Startups. ” The Cyberspace Administration of China (CAC) published a draft policy on Friday, called “The Regulation for Managing Blockchain Information Services” and is now looking for public feedback before it will take effect.” Story here.

 

 

  • What Carl Sagan has to do with regulating blockchain smart contracts. “If policymakers seem flummoxed by the rise of cryptocurrencies, wait until they get to smart contracts. Just ask Brian Quintenz, commissioner for the US Commodity Futures Trading Commission. At a conference in Dubai this week, Quintenz expressed a sense of awe at the vast unknown that blockchain-based computer programs have created for his agency. “Post here.

 

  • Blockchain developments in Nashville:
    • “Stakeholders in the creation, growth and connectedness of blockchain- or distributed ledger-enabled jobs and wealth creation in Tennessee gathered twice within the past 24 hours with representatives of Tennessee Economic and Community Development (ECD) to explore the technology’s status, the state’s competitive assets and its potential strategic options.” “A nonprofit organization is to be formed to support the collaborative’s aims, according to Waller Lansden attorney Kristen Johns, who is the prime mover in this emerging initiative. Waller cosponsored the event with Brooklyn-based Consensys, a distributed-ledger-oriented tech company.” More here.
    • And check out Tokenize Tennessee here.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

From Artificial Lawyer:

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

 

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

 

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

 

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

 

Blockchain

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

 

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

 

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

 

  • This infographic (quite a few images followed by narrative) may also help you understand the basics of cryptocurrencies. It’s from Bitcoinfy.net.
  • This post from Osborne Clarke’s Will Robertson, Mark Taylor and Tamara Quinn (Profiling and automated decision-making under GDPR) is a solid discussion of these important topics. “Profiling and automated decision-making (or ADM) are two areas of the GDPR that have caused a fair degree of confusion for businesses, often with perceived negativity and assumptions that the law significantly restricts most forms of computer-led analysis of data subjects and their activities. Not necessarily so. As per the general flavour of the GDPR, the law has undoubtedly tightened and places a greater burden and requirements on businesses wishing to carry out profiling or ADM activities. However, there’s still plenty of opportunity for those willing to understand the detail of the law, and more generally align their business models to the core themes of the GDPR.”

 

  • Here‘s a brief but interesting post about future improvements to legal search. How Much Better Can AI Make Legal Search?

 

  • From Baker Donelson’s Clinton Sanko: Legal Artificial Intelligence is Buzzing. Are You Ready? “This blog is focused on promoting responsible and knowledgeable adoption of legal AI.” This post is a somewhat skeptical review of current legal applications of AI. More to come.

 

  • Press releaseiManage Acquires Elegrity, Leader in Risk and Compliance Management. “Broadens capabilities in risk management to better protect law firms throughout the client and matter lifecycle.”

 

  • Here‘s a thought provoking post from Griffin Hamersky’s Ivy B. Grey: Innovation Is A Red Herring Without Cultural Change. “Though changing culture may be the toughest challenge law firms have ever faced, the potential rewards are enormous. No combination of automation, artificial intelligence, and firms from other sectors will be able to compete with the law firms that get this right.”

 

  • Legal AI Firm McCarthyFinch Goes to War in Law at TechCrunch Disrupt SF Battlefield. “McCarthyFinch showed off its AI-powered platform: a virtual lawyer that can be trained and plugged into any legal process, from financial compliance to contract automation. ‘Our AI platform learns up to 100 times faster than traditional AI, using far smaller data sets,’ said Nick Whitehouse, CEO and co-founder of McCarthyFinch. ‘Most importantly, its results are entirely explainable, defensible and trustworthy.'” Big claims! Press release here and coverage here.

 

  • Legal Tech: Key Takeaways from a Unique Secondment from Aird & Berlis LLP to Diligen, a Legal Tech Company. No big surprises, but an interesting read. “There’s been a big divide historically between lawyers and non-lawyers (the term that, thankfully, is beginning to be replaced by “other professionals”), but this separation is breaking down as the legal profession begins to better understand that other professionals bring so much value to the table.”

 

  • Excellent points made here by Jean O’Grady: AI in Legal Research – Does Casetext’s “Document As Query” Search Improve Efficiency and Results? “While some of the conclusions may be valid  – I have a recoil reflex when I smell ‘the fog of hype” which sadly hovers around so many discussions of legal AI.”

 

  • Here’s one last post regarding ILTACON 2018, a review of the conference’s stories of success and failure from Tessa Ramanlal, solicitor at Herbert Smith Freehills and co-founder of ANIKA. “For a conference firmly rooted in AI, blockchain and all things legal tech, I was surprised that the focus of ILTACon 2018 was predominantly human. Human successes, human failures, and human communities in this evolving world of legal tech.”

 

  • From SKW Schwarz, Artificial Intelligence: operational blessing, employment law curse? discusses the implications of the German government’s recent definition of “cornerstones for an artificial intelligence strategy.” “There are, however, several areas of employment law where the use of artificial intelligence affects the response to typical disputes in a way that is different from the past.”

 

  • From Artificial Lawyer:

– Irish Firm McCann Launches New Neota Logic Compliance App. Story here.

Minority Report’ AI System, Intraspexion, Boosts ‘Pre-Crime’ Tech with dtSearch. Story here.

 

  • This post from Covington’s Jadzia Pierce is largely a teaser for an upcoming webinar. “…an equally important reason for utilizing AI may stem not from these practical considerations, but rather from the ABA Model Rules: in a comment to the Duty of Competence under Rule 1.1, lawyers are required to “keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.” (emphasis added).”

 

  • “The (US) military’s research arm said Friday it will invest up to $2 billion over the next five years toward new programs advancing artificial intelligence, stepping up both a technological arms race with China and an ideological clash with Silicon Valley over the future of powerful machines.” Details here.

 

Blockchain

  • Google has announced the launch of a system to search for and collect data from the Ethereum blockchain, including data on transactions from self-executing contracts. It will operate via its BigQuery enterprise data analysis platform. Artificial Lawyer coverage here.

 

  • JAMS Launches Smart Contracts, Blockchain and Cryptocurrencies Practice. “…the first of its kind among institutional ADR providers. The practice is focused on creating protocols that support the use of ADR in disputes arising from blockchain transactions, including smart contracts.” Press release here.

 

  • Posted by Steve Harvey, senior business developer at Legal Futures Associate Allianz Legal Protection, this is a consideration of the balance that must be struck between tech and people in the many applications of blockchain in insurance and law.

 

  • From Artificial Lawyer: “In what is the most significant sign yet of wide-scale adoption of the technology, online consumer law company, Rocket Lawyer, announced yesterday that it will be partnering with smart contract pioneer OpenLaw and blockchain developer ConsenSys, to roll out a variety of blockchain-based applications, starting off with a ‘Rocket Wallet‘ to link to the Ethereum blockchain.”
  • LexisNexis’ Lex Machina “announced a major new expansion that provides analysis of insurance litigation.” Details from Artificial Lawyer here.

 

  • Also from Artificial Lawyer: “Canada-based legal AI pioneer, Kira Systems, has completed its SOC2 Type II reporting certification to help remove any fears customers may have over data security.”

 

  • This piece from The National Law Review reminds lawyers that it is their duty to keep up with technologies such as AI. “Comment 3 to the ABA Model Rule 5.3 was amended in 2012 to take into account situations where it is necessary for attorneys to rely on vendors. “When using such services outside the firm, a lawyer must make reasonable efforts to ensure that the services are provided in a manner that is compatible with the lawyer’s professional obligations.”

 

  • From Hydraulics & Pneumatics (my first from that publication!): How Artificial Intelligence Is Changing Construction. “Artificial intelligence is expected to alter business models in the construction industry in areas including logistics, customer relationship management, support, workflow automation, and finance. Even more, artificial intelligence can help in recreating realistic situations for training, reducing injuries and costly mistakes and making operations more efficient. This can enable operators to better use existing labor resources, helping with the skilled labor shortage in construction.” The article explains current constraints to adoption.

 

  • Don’t forget to swallow your AI: This swallowable chip uses glowing bacteria to spot hidden illnesses. “Researchers at MIT have been working on a chip that could one day be offered to patients with suspected gastrointestinal bleeds instead of an endoscopy. The researchers have created a prototype of the chip that can be swallowed like a pill, sampling a patient’s gastrointestinal environment for signs of bleeding as it travels through their digestive system.”

 

  • Trump’s trade war with China has AI implicationsTrump focuses on technology exports, foreign investments in ongoing trade war. “Already threatened by escalating U.S. taxes on its goods, China is about to find it much harder to invest in U.S. companies or to buy American technology in such cutting-edge areas as robotics, artificial intelligence and virtual reality.”

 

Blockchain

  • From Waller: “When it comes to digital coins or tokens, it’s best to approach with caution, ask plenty of questions and conduct extensive research before making an investment, warns the Commodity Futures Trading Commission (the “CFTC”).”

 

  • And now, blockchain-based insurance against security failures of smart contracts: Ethereum-Powered Insurer Nexus Is Winning Over Blockchain Skeptics. “With Nexus, Karp is trying to revive mutual insurance, a model that dates back to the 17th century and, many argue, aligned the interests of participants better than today’s profit-maximizing insurance firms. Nexus is one of a handful of blockchain startups, at various stages of development, aiming to use the technology for this purpose.” Much more here.
  • From Information AgeArtificial intelligence in the legal industry: Adoption and strategy – Part 1, an insightful discussion with Geoffrey Vance, the chair of Perkins Coie’s E-Discovery Services and Strategy Practice, and Alvin Lindsay, partner at Hogan Lovells. The discussion of the future role of associates is especially interesting, and several useful links are included.

 

  • Investment money pouring into legal AI. “Legal tech blogger Bob (“God”) Ambrogi just posted that $200 million in new investment capital has found its way to legal tech companies in just May and June of this year. The money went into companies that are either based in machine learning (sometimes called “artificial intelligence”), an increasingly important sector of legal technology.” The post from the Akron Legal News lists some of the specific investments.

 

  • According to Bloomberg’s Big Law BusinessAnalytics Give Law Firms the Competitive Edge. “Bob Ambrogi’s Law Sites Blog lists more than 690 legal tech start-ups that are either currently active or have closed or been acquired. He only began keeping count in 2016.” The article goes on to report to report the results of a 2017 survey of 1117 respondents, including findings such as, “(b)y providing structure and visualization to information, technology is enabling attorneys to understand past results and forecast costs, time to resolution and outcomes — and thereby better serve their clients and operate their organizations more successfully.” The article includes a lot of interesting data, showing the success to-date of AI. Here’s a link to the full report by Above the Law. The survey was conducted back in October 2017, and results are reported with some care regarding statistical integrity. All that’s missing to have high confidence in the findings is an idea of the response rate; that is, how many were asked to participate in order to achieve the 1117 responses.

 

  • This post by Ron Friedmann (Legal Transformation or Disruption? A New Rule for Talking About It) is a suggestion for mitigating the extreme hype now plaguing discussions of legal AI and tech in general. It’s a step in the right direction, but is still subject to personal judgement (and hyperbole). I do not have a better idea.

 

  • This post (Baker McKenzie’s Growth Shows Value of One-Stop Legal Shopping from Bloomberg Big Law Business) includes: “(t)he firm also recently adopted artificial intelligence tools in 11 offices in three continents as the first step in a worldwide rollout. This will allow faster, more comprehensive review of merger and acquisition work, and other work involving contracts, the firm said.”

 

  • As I visit law firms, I am asked more and more about the Big 4 accounting firms’ encroachment into the legal space. This threat has been popping up since the days of the Big 8, but has more substance today than ever before. For instance:

Breaking: Big Four firm buys services ‘disruptor’ Riverview. “Global accountancy giant EY today laid down a significant marker in its expansion into legal services with the capture of forward-thinking firm Riverview Law.” … “The deal marks another step in what has long been predicted would be the rise of the ‘Big Four’ accountancy firms to rival – and possibly overtake – the biggest existing law firms. Each of those four, EY, KMPG, PwC and Deloitte, now provide reserved legal services.” Coverage here and here. “EY said the acquisition underlines its position “as a leading disruptor of legal services” and will “help clients to increase efficiency, manage risk, improve service transparency and reduce costs of routine legal activities.”

And the same day, KMPG published, “In the legal sector, this disruption presents vast challenges as firms struggle to move from traditional hierarchies, manual research requirements, time-based billing models, and other traditional ways of operating, into tech-empowered models fit for the future.” “Adapt or fall behind. Now is the perfect time to reimagine every layer of the workplace to future proof the legal profession.”

 

  • Here’s an interesting application of AI from Seyfarth Shaw: Australia: New Transparency: Using Collaboration And Technology To Address Modern Slavery. “Mining data (for example, from mobile phones, media reports and surveillance cameras) which can be analysed using artificial intelligence and machine learning to extract meaningful information and identify risks in the supply chain.”

 

  • From The Atlantic, this interesting application of sentiment analysis. The AI That Reads All a Company’s Emails to Gauge Morale. The very interesting article discusses text analysis generally and is definitely worth reading.

 

  • Canada’s Miller Thomson postedArtificial Intelligence Revolution and the Insurance Industry. “AI may soon be heavily used in all aspects of the insurance industry, including sales, customer service, underwriting, claims assessment and fraud detection and prevention. AI has and will continue to be used in the area of insurance marketing.”

 

Blockchain

  • From ForbesTrust, Security And Efficiency – How Blockchain Really Intersects With Artificial Intelligence. “Blockchain, though powerful on it’s own, becomes enhanced to a whole new level when coupled with AI technology. New features and capabilities become unlocked, enhanced, and more secure through the convergence.” Several instances of this synergy are discussed, but there’s no real insight as to how they will actually work together.

 

  • Get smart: blockchain will liberate lawyers. Sounds good, no? This post from the UK’s Law Society Gazette, focuses on smart contracts and details several concerns and limitations thereof, including use of imprecise terms such as “reasonable.”

 

  • This piece from ComputerWorld (By 2020, 1-in-5 healthcare orgs will adopt blockchain; here’s why) reviews several applications of blockchain in healthcare. It’s a deep dive into the pros and cons, and describes several applications, including smart contracts. “Blockchain lets the healthcare industry exchange data in a standard format, automate complex processes and apply AI against large silos of medical data. It might even allow patients to sell their data for rewards.”

Apple’s annual developer conference, WWDC, kicks off at 9 AM PT today. There will certainly be consumer-related AI news, perhaps B2B and even legal. I’ll cover it tomorrow. The conference will be streamed live on the WWDC website and mobile app. WWDC runs June 4-8, 2018, in San José, USA. Here are some guesses as to what will be unveiled.

 

  • According to the ABA Journal, “ABA Techshow 2018 went beyond the usual focus on legal technology and provided sessions on leadership, team building and mindfulness.” “Those technologies took center stage as multiple panelists and speakers talked in March about the ways lawyers can augment their practices by utilizing artificial intelligence, blockchain, virtual reality and the ‘internet of things’.”

Interesting. I’ve always thought the ABA’s mission was to protect lawyers and their industry from change/progress.

 

  • Heart-ificial Intelligence: “John C Havens (author of Heartifical Intelligence: Embracing our Humanity to Maximize Machines and executive director of the IEEE Global initiative on Ethics and Autonomous Intelligent Systems.) has a hopeful vision for the future but it comes with a word of caution. He believes that the cause of humanity’s demise will not be because of killer robots but rather due to our stubborn fixation on money. Speaking to Lawyers Weekly ahead of a major talk he was due to give in Sydney yesterday, Mr Havens argued that to avoid this fate, more companies should adopt the concept of the triple bottom line — a notion that values people, the planet and profit equally — and measure quarterly performance to those three standards.”

 

  • From Reed Smith: “Trust, accountability and a predictable legal environment will be required to ensure the EU remains innovative and competitive in the AI sphere, while retaining a commitment to fundamental rights and safety. The Commission proposes to establish a European AI Alliance by July 2018, bringing together relevant stakeholders to draft guidelines on AI ethics by the end of 2018. These guidelines will address issues such as algorithmic transparency, security, consumer protection and the embedding of key values into AI solutions.”

 

  • White & Case has posted Embracing AI, “A review of the legal and policy considerations that will shape the development of artificial intelligence.” (It’s just an expression of the need for regulation.)

 

  • From FindLaw: How to Handle a Discovery Request Targeting A.I., “While the discovery rules generally allow for liberal discovery, when it comes to eDiscovery, and a robot or A.I. would clearly fall under that hub, courts are less inclined to allow unrestricted access to an adversary’s system, especially if there are no reasons to believe they’ve been hiding anything. It’s almost always going to be a question of proportionality.”

 

  • Thompson Mackey, a risk management consultant at EPIC Insurance Brokers and Consultants has these thoughts about Artificial Intelligence and Professional Liability: “[C]laims of malpractice are common, so underwriting data is vast and pricing models are well-tested. Insurers are able to get comfortable with the risk, since they have decades of data upon which to base their premiums. In effect, they are confident in how much they will pay out for every dollar of premium they take in. The same cannot be said for malpractice caused by an AI.”

 

  • From Artificial Lawyer:

–  “Relativity has set itself the strategic objective of providing its platform to the broader legal tech world, including legal AI review companies focused on matters such as M&A and real estate, to create a new ecosystem for lawyers focused on doc review and analysis that goes far beyond eDiscovery.” Details here.

“The Accord Project consortium of legal tech companies, law firms and standards-setting organisations has released its first working prototype for Ergoa new domain specific language for smart legal contracts. The software has also been made available to anyone who wants to use it and can be downloaded from Github.” Details here. (FYI, Github is about to be acquired by Microsoft.)

 

  • Press release: “ayfie, a leading provider of search and text analytics solutions, is pleased to announce leading Norwegian law firm, BAHR, as its newest partner. Aimed at managing BAHR’s vast domain knowledge, ayfie will combine and leverage different technologies from its portfolio to get BAHR’s lawyers the information they need. All documents will now be automatically classified for efficient recall and BAHR can easily search for internal competencies, clauses, terms and documents.”

 

  • Legal Text Analytics: “The special issue of the Artificial Intelligence and Law journal on Legal Text Analytics (Vol 26 Issue 2, June 2018) is now available online on the Springer website. The papers in this issue exemplify recent developments in the use of language technology, machine learning, and data science to provide new insights into legal problem solving and analysis of legal texts. Topics include automated patent landscaping, the geometry and semantics of networks of authoritative legal texts, and legal text segmentation and classification. The reports demonstrate the growing application of Deep Learning and other state-of-the-art machine learning techniques to a range of legal problems. They also signify a growing appreciation that explainability, in the broader context of explainable AI, should remain one of the key objectives for such techniques.”

 

  • Here’s a very interesting thought piece by Mark A. Cohen, Esq., The Golden Age of The Legal Entrepreneur — Why Now and Why It Matters. My favorite paragraph:

“Lawyers crafted language, procedures, and an insular, homogeneous culture to differentiate themselves from the rest of society. This supported a “lawyer/’non-lawyer’” worldview and preserved their hegemony over the delivery of legal services. It also perpetuated the myth of lawyer exceptionalism. Law firm structural and economic models were predicated on lawyers performing all ‘legal’ work with a labor intensive, ‘no stone unturned’ approach regardless of client objective or value. Budgets, price predictability, and knowledge management were not a part of the law firm modus operandi, although their business clients operated that way for decades.”

 

  • And here’s an interesting (non-legal) post about AI and empathy. Artificial intelligence is being trained to have empathy. Should we be worried? “The move towards empathetic gestures in our technology comes as voice-activated devices are growing in popularity. The coming generation of products, driven by voice, will rely more on inference, emotion and trust, according to Ms Krettek, whose lab aims to bring “deep humanity to deep learning”. Even, possibly, a mutual vulnerability.”

Note, Neil deGrasse Tyson once remarked, “As long as we don’t program emotions into robots, there’s no reason to fear them taking over the world.”