• Enough Hype Already: Inside Legal’s (Over?) Excitement with AI. “While many in the legal industry still over hype AI technology, some are beginning to separate fact from fiction. But the hype hasn’t been all bad—or good—for the legal market.” The post by Rhys Dipshan is here.

 

  • Covington’s Thomas Parisi postedAI Update: FCC Hosts Inaugural Forum on Artificial Intelligence. “Chairman Pai made clear in his opening remarks that the purpose of the forum was not to initiate AI regulation at the FCC. He stated: “It’s important to note that this event is about discussion and demonstration.”

 

  • Anna Cope and Melanie Lane of CMS wrote: Disciplinaries and Performance Management: Artificial Intelligence and Emotional Intelligence. The article addresses, “AI can help to remove both conscious and unconscious bias in decision-making and to ensure consistency of approach. However, will it ever be acceptable culturally for a machine to decide to fire an employee? Where should the line be drawn when important decisions need to be made about employees’ performance or disciplinary matters? Is the human element still important in this process?”

 

  • Cadwalader’s Steven Lofchie postedAgencies Urge Banks To Pursue AML (Anti-Money Laundering) Compliance Innovation. “In a joint statement, the Federal Reserve Board, the FDIC, FinCEN, the National Credit Union Administration and the Office of the Comptroller of the Currency (the “agencies”) stated that innovation – including the use of artificial intelligence, digital identity technologies and internal financial intelligence units – has the potential to augment banks’ programs for risk identification, transaction monitoring, and suspicious activity reporting.”

 

  • In this post, Chris Cook, Katherine Bravo, KC Halm and Amy Mushahwar of Davis Wright Tremaine summarize the FTC’s hearings on Competition and Consumer protection (a month ago). FTC Hearings Exploring Algorithms, Artificial Intelligence, and Predictive Analytics Focus on Notions of Fairness, Transparency and Ethical Uses.

 

  • Here’s a complete seminar from Dentons. It’s their eighth annual CPD Bootcamp. Chasing Shiny Objects: A Practical Guide To Managing The Challenges Of Transformative Technologies. “The session covered the following: Things to consider before acquiring a transformative technology: how much is real and how much is hype? And how do you know? How select transformative technologies create unexpected privacy and other compliance challenges and ways organizations can address them. Steps organizations can take to manage common risk and liability issues, including via contracts.”

 

  • And this from Dentons Italy’s Giangiacomo OliviAI And Drones, A Love Affair (Part I). “One of the main innovative characteristics of drones is their capability to collect and process great amounts of data, including personal data, which is often difficult to manage. This implies that the future usage of drones will be increasingly linked to data analytics and AI patterns and algorithms.”

 

  • “Microsoft Corp. called for new legislation to govern artificial intelligence software for recognizing faces, advocating for human review and oversight of the technology in critical cases.” Details here.

 

 

  • K&L Gates has posted Volume 39 of its Blockchain Energizer Energy Alert, this time summarizing three recent developments.

 

  • More on AML Reform: Artificial Intelligence, Beneficial Ownership and Real Estate from Ballard Spahr. “…(T)he OCC believes that ‘[n]ew technologies such as artificial intelligence (AI) and machine learning offer banks opportunities to better manage their costs and increase the ability of their monitoring systems to identify suspicious activity, while reducing the number of false positive alerts and investigations’.” This in-depth post includes this link to Part One.

 

  • Sameer Gokhale of Oblon, McClelland asks is the Pendulum Swinging Back In AI Direction? “(M)ost inventions in AI will not be directed to a magical robot or the self-driving car. Instead, a lot of inventions are directed to the building blocks of AI, such as deep learning and machine learning algorithms along with data collection techniques which are vital to train the AI software.” “If the USPTO director can guide the examining corp to take a patent owner-friendly approach toward inventive algorithms related to AI, then it will help swing the pendulum of patentable subject matter toward a place that is in harmony with the current state of technology.” Article from Intellectual Property Magazine here.

 

  • Suebsiri Taweepon and Pimpisa Ardborirak of Tilleke Gibbins postedChallenges of Future Intellectual Property Issues for Artificial Intelligence. “…(W)ould the software developer(s) of an AI be entitled to the work created by that AI? And if the user of the AI continually inputs new sources of information for the AI to learn, resulting in newly created IP, would the user be entitled to own the created IP?”

 

  • This interesting post warns of possible negative unintended consequences of cheap “lawtech” A2J such as, “the silencing of #MeToo activists with an avalanche of libel lawsuits; honest tradesmen ripped off by an automatic lawsuit over every invoice; online bullies spinning up endless court cases against their enemies in order to intimidate them into submission; patent trolls automating their hunt for genuinely innovative companies to exploit”.”

 

  • Meanwhile, here’s more progress on the A2J front: Chatbot to help renters released today. (From New Zealand.)

 

  • Peter Krakaur of UnitedLex posted this overview of legal technologies. It includes a nice summary chart. Planning Your Next Legal IT Strategy Discussion: A Service Delivery Framework (Part I).

 

  • Columbia University’s AI Business Course Studies Legal Tech Startup (Evisort). “…(L)egal technology offers a prime example of using tech experts and industry experts—in this case lawyers—in the development of a needed business tool.” Coverage here.

 

From Artificial Lawyer:

– “Big Tech company, Microsoft, is to broaden the appeal of its NLP and machine learning tools for doc review as part of a project to bring its Azure Cognitive Service capabilities into the Power BI platform for business level analysis and data visualisations. The service will open for public preview from March 2019.” Post here.

HighQ Integrates With Legal AI Co. LEVERTON + Launches V. 5.0. Post here.

– “Smart contract pioneer, OpenLaw, and oracle platform Rhombus, have joined forces to build derivatives smart contracts, as part of a project to see if their tech can be used in the $500 trillion market for handling derivatives trades.” Post here.

Relativity Develops ‘Pre-Crime’ Abilities With Trace App at ING Bank. Post here.

 

  • Press release from Littler: Littler Hosts Roundtable of Industry Leaders to Discuss Impact of Automation Technologies. It’s an interesting summary of the event and includes a link to Littler’s recent TIDE (Technology-Induced Displacement of Employees) report. Oh heck, why not just include that link here and save you a click?

 

  • Press releaseElevate Acquires Sumati, Expanding Capabilities and Scale in Contract Lifecycle Management Support.

 

  • Press releaseXDD Acquires Leading AI Automation Software Company, Esquify, Further Optimizing the Company’s Managed Review Service Offering.

 

  • Press release: Successfully Migrates 10 Terabytes of Litigation Data to Casepoint eDiscovery Cloud.

 

More prognostications:

– Legal Technology – the future of legal services from Dan Bindman. Post here.

– Moving Beyond Smart Contracts: What Are The Next Generations Of Blockchain Use Cases? Post here.

– 2019 will be the year of artificial intelligence. Post here from Damien Willis.

– This, from Information AgeArtificial intelligence for the lawyer – transforming the legal industry.

– 5 Artificial Intelligence Trends To Watch Out For In 2019. This is a bit technical, but interesting.

– Tech predictions from The Economist in 2019: Facial recognition to AI regulation. “…Major League Baseball will start allowing fans to validate their tickets and enter stadiums via a scan of their face, rather than a paper stub. Singapore’s newest megamall will use the technology to track shoppers and recommend deals to them. Tokyo will spend the year installing facial-recognition systems in preparation for the Olympics in 2020, when it will use the technology to make sure that only authorised persons enter secure areas.” More here.

– If those forecasts aren’t enough for you, how about: 120 AI Predictions For 2019. I did not verify the count or even read them all, but 120 feels about right. Here they are.

 

Blockchain

  • This, from Scott H. Kimpel of Hunton. Blockchain Legal Source: Mining Cryptocurrency Under Federal Election Law. “The acting general counsel of the Federal Election Commission (“FEC”) recently published for public comment a draft advisory opinion under the Federal Election Campaign Act and related FEC regulations regarding mining cryptocurrencies for the benefit of political committees.”

 

  • Seven EU States Sign Declaration to Promote Blockchain Use. “…(T)he document cites “education, transport, mobility, shipping, Land Registry, customs, company registry, and healthcare” as services which can be “transformed” by this technology. The group also cites blockchain tech’s use for protecting citizens’ privacy and making bureaucratic procedures more efficient.” More here.

 

 

  • James Marshall, Deals Partner at PwC postedHow blockchain could upend M&A and other deals. “As a tamper-proof shared ledger that can automatically record and verify transactions, blockchain and distributed ledger technology (DLT) could vastly change how investors value, negotiate and execute deals.”

 

  • From Legal Theory Bookworm, this review of the recent book, Blockchain and the Law: The Rule of Code by Primavera De Filippi & Aaron Wright. “De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.”

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

From Artificial Lawyer:

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

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

 

Blockchain

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

From Artificial Lawyer:

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

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

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

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

 

Blockchain

 

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

 

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

 

 

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

 

 

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

 

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

 

  • This is an interesting article from the December issue of the ABA JournalWhat do AI, blockchain and GDPR mean for cybersecurity? “…(W)e close this series by looking around the bend to understand how major emerging technologies will affect cybersecurity in the coming years. While experts disagree when technologies such as artificial intelligence and blockchain will play a larger role in cybersecurity and data protection, there is broad agreement that their roles will be pivotal. This could, in turn, create new solutions, risks and regulatory headaches.”
  • 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.

 

  • 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.

 

  • I like the infographic AI Knowledge Map above. Here’s an explanation of the elements.

 

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

 

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

 

  • Could an artificial intelligence be considered a person under the law? “Humans aren’t the only people in society – at least according to the law. In the U.S., corporations have been given rights of free speech and religion. Some natural features also have person-like rights. But both of those required changes to the legal system. A new argument has laid a path for artificial intelligence systems to be recognized as people too – without any legislation, court rulings or other revisions to existing law.” Interesting discussion by Prof. , University of Louisville, here.

 

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

 

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

 

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

 

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

 

 

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

 

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

 

Here are some recent posts from Artificial Lawyer:

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

 

Blockchain

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

 

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

 

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

 

 

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

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

 

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

 

Background

  • Ready to get your geek on? Here’s a good explanation of how Quantum Computing works. “If a task required you to find one correct answer out of 100 million choices, an ordinary computer would go through 50 million steps to do so. A quantum computer would only go through 10,000.” “For now, anyone without a quantum computer isn’t missing out on anything. Quantum computers can’t yet function any better than our classic computers can and aren’t expected to do so for at least another decade.” Thanks to “physics student”, Ella Alderson.
  • I had to post this from Steptoe’s CYBERBLOG, if only for the title: Episode 232: “I’m afraid you can’t say that, Dave.” Will AI save the Internet from Vladimir Putin – and Matt Drudge? “It’s a deep conversation that turns contentious when we come to his prescriptions, which I see as reinstating the lefty elite that ran journalism for decades, this time empowered by even less self-doubt – and AI that can reproduce its prejudices at scale and without transparency.”

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Blockchain

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

 

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

 

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

 

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

 

 

  • From Shearman & Sterling: “Shearman & Sterling today launched “the FinTech Foundry,” a program dedicated to supporting the FinTech-related activities of their clients and the wider global FinTech ecosystem that consists of financial institutions, FinTech start-ups, accelerators and incubators, venture capital and private equity investors, and policymakers. Blockchain, crypto assets, big data and artificial intelligence are just a few of the FinTech activities Shearman & Sterling advises on.”

 

  • White and Case published this in-depth report: Digitalising the mining & metals global supply chain: Rise of blockchain and the smart contract.

 

  • From Dentons, this very large post: Big data in the energy sector: GDPR reminder for energy companies.

 

  • From Legal Insider: “Herbert Smith Freehills has launched a pilot to test how data extracted from judgments and smart analytics might help prepare clients facing litigation.The firm has partnered with Solomonic, a data and analytics platform, to provide its lawyers with hard data and analytics on all the sitting judges in the Commercial Court – as well as the most recent eight retirees – going back more than five years.

 

  • Gide announces the creation of Gide 255, a new team dedicated to digital transformation, headed by Franck Guiader. “Gide 255 covers in particular the growing stakes of blockchain, ICOs, artificial intelligence, automation and various aspects of data processing.”

 

  • This is an interview with Kate Hutchinson, Director of Marketing at CDS during which she explains why eDiscovery vendors are getting into smart contracts. (It’s all about the data.)

 

  • In this post, Nichole Black of MyCase reviews a recent book by Michele DeStefano, (Professor of Law at the University of Miami): Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in the Law.“(The author) explains why the legal industry is in the middle of an unavoidable transformation, and why lawyers are so resistant to accepting this indisputable fact. Then she suggests that lawyers must learn to innovate in order to succeed in the new world order, and provides a framework for legal institutions to use in order to create a culture of creativity, collaboration, and innovation.” The review is an interesting read in itself.

 

  • In this Legal Talk Network podcast, “Abby Rosenbloom talks to Peter Geovanes, Dera Nevin, and Andrew Sprogis about their innovative roles and how to set a precedent when you’re the first one in their position. For law firms looking to add new roles, they offer their advice from establishing strategic goals to firm leadership providing resources and support.”

 

  • From Legal IT Newswire: “ZentLaw, an alternative law firm founded by Monica Zent, has introduced ZentLaw Labs, an innovation lab which aims to bring tech acumen and startup thinking to law. Among the lab’s first projects being announced today are two artificial intelligence (AI)-powered bots. One bot is built for enterprise clients to help them solve their legal resourcing needs by taking them through a series of questions to assess their specific requirements. The other bot is aimed at startups and is calibrated to serve their routine requests. The latter aims to disrupt the way legal services are delivered to startups by providing practical and actionable guidance through the bot to common issues that startups raise.”

 

  • From Bob Ambrogi: “The international legal research platform vLex today introduced the beta version of Vincent, an AI-powered legal research assistant that analyzes legal documents you upload and finds relevant research results. Vincent is in the same vein as CARA from CasetextClerk from Judicata, and EVA from ROSS Intelligence in that you upload a brief, legal document or court opinion, and it finds and it analyzes the document and uses the document’s language and citations to find related cases, statutes, books, journal articles, contract models, and more.” Details here.

 

  • From Artificial Lawyer

– “Global law firm Clyde & Co has today announced that it will be providing legal services to new global banking and energy blockchain platform, Komgo SA.” Details here.

LexisNexis has announced the six new participants for its third Silicon Valley Legal Tech Accelerator programme.” They’re listed here.

  • Here’s a deeper dive into Ron Friedmann’s argument that legal tech is in the midst of “evolution” rather than a “revolution”. It’s an interesting read, well-reasoned with several examples. “…(I)n-house counsel change buying habits slowly, which in turn slows legal innovation.” I love that he focuses on the “voice of the client,” as should we all!

 

  • Machine Learning Makes its Way (Slowly) into e-Discovery by David Raths is a rather thorough discussion of the evolving acceptance of technology-assisted review (TAR) and the development of the Electronic Discovery Reference Model (EDRM). Good stuff if you’re interested in eDiscovery.

 

  • Bob Ambrogi pulled together this impressive list of legal tech companies HQ’d in the LA area. Who knew?

 

  • From Osborne Clarke’s Deborah Harvey and Amy Stray comes, this discussion of the need for autonomous vehicle regulation: Developing a regulatory landscape for the future of mobility.

 

  • If you find autonomous vehicles may be a bit scary, how about Maritime Autonomous Surface Ships (MASS)? In this article, Blank Rome’s Sean T. Pribyl ” discusses the International Maritime Organization’s regulatory scoping exercise to evaluate existing legal frameworks in order to assess the safe, secure, and environmentally sound operation of Maritime Autonomous Surface Ships.”

 

  • Maayan Lattin of Davis Wright Tremaine prepared, NIST to Begin Workshops to Develop Voluntary Privacy Framework for New Tech Platforms like AI and IoT. “The agency’s objective is to develop a voluntary framework that permits providers of AI, IoT and other innovative technology solutions to better identify, assess, manage, and communicate privacy risks to help ensure consumer confidence and trust.”

 

  • From Neota Logic, THE NEOTA LINK – News & Views on AI in Law & Compliance. It’s news about Neota, its offerings and its clients.

 

  • Kerrie Spencer, staff contributor to Bigger Law Firm Magazine prepared this discussion of the ethical issues inherent in legal AI.

 

  • This is an advertorial (infomercial?) from Thomson Reuters re their new Westlaw Edge: Know More Than Your Opposing Counsel and Win. And here’s another, Key Reasons To Use Litigation Analytics.

 

  • The Law Society Gazette’s Joanna Goodman believes we are Reaching a Tipping Point. “Lawtech is approaching a crossroads in terms of technology development, investment and adoption. The start-up dynamic is maturing as a new generation of legal businesses emerges.” Several convincing examples are given, and the thoughtful article separates the substance from the hype.

 

  • Meanwhile, also from the GazetteNew Solicitors not Prepared for AI. Law Society president Christina Blacklaw: “‘At the moment we’re training lawyers for 20th-century practices, not even for current practice,’ she told an international conference on AI in London last week. ‘There is a mismatch with what they are doing in practice today, let alone what they will be doing in future.’”

 

From Artificial Lawyer

– New York-based smart contract pioneer, Clause, has joined forces with consumer legal platform LegalZoom, to provide smart legal contracts to the general public and small businesses. More here.

This sponsored piece from ContractPodAI explains how their automated contract management platform results in fast ROI.

 

Blockchain

From Artificial Lawyer:

– Digital signature giant, DocuSign, has launched an Ethereum blockchain integration and has also set out in detail how it will be working with legal AI company, Seal Software, with which it formed a partnership in June this year. … ‘Intelligent Insights’, … ‘goes beyond keywords to ‘understand’ concepts in agreement clauses, as a human analyst would’. Details here.

– The Accord Project, the smart legal contract consortium co-created by Clause, has announced the launch of a new working group for the real estate and construction industries to be chaired by Philip Freedman, Partner and Chairman of innovative UK law firm Mishcon de Reya. Story here.

 

  • Here’s Volume 35 of K&L Gates’ Blockchain Energizer, summarizing three blockchain news stories.