Sarah Wight

The United States Court of Appeals 5th Circuit just announced it will not adopt a proposed rule specifically requiring disclosure and other requirements for attorneys who use AI as part of their practice. Upon reflection, and based upon a lot of negative feedback on the proposed rule, they recognized that existing rules already cover the same situations. Specifically, attorneys are enforceably required to stand behind the truthfulness and accuracy of court filings. However, the court admonished litigants and lawyers alike that “I used AI” will not be an acceptable excuse for violating existing rules! Here is the formal notice from the court: https://lnkd.in/gJWyEyxg For color, here also are some recent news articles on this announcement: * Reuters: https://lnkd.in/gJmjWSqv * Bloomberg Law: https://lnkd.in/gaVqCkHi And, since I have it at hand, for your convenience, here is the full statement by the court: “The court, having considered the proposed rule, the accompanying comments, and the use of artificial intelligence in the legal practice, has decided not to adopt a special rule regarding the use of artificial intelligence in drafting briefs at this time. Parties and counsel are reminded of their duties regarding their filings before the court under Federal Rule of Appellate Procedure 6(b)(1)(B). Parties and counsel are responsible for ensuring that their filings with the court, including briefs, shall be carefully checked for truthfulness and accuracy as the rules already require. “I used AI” will not be an excuse for an otherwise sanctionable offense.” Personally, I think this court got it right. To the extent existing rules cover situations arising from use (or misuse) or AI, it is a good idea to apply those rules first before seeking to make more rules. In the event of demonstrable failures of existing rules, then perhaps it will be more practical to craft new rules to address the gaps that have been revealed. But it is, apparently, a very good idea to sound the alarm far and wide, loud and clear: sometimes generative AI provides incorrect or otherwise unsuitable information and it remains the duty of the attorney (among others) to carefully review and stand behind any work they pass forward. That concludes my public service announcement for today :-)

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ICYMI: On the Docket, Brian Kolenda and Jim Lepore discuss the legal implications of #AI-generated content, which simultaneously engages multiple aspects of the law, from intellectual property to privacy. – ow.ly/B08u50RUgmH

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Has Generative AI Transformed In-House Legal? An insightful discussion at Legal Innovators California featuring a panel of trusted legal experts (1) exploring real-world applications like contract review and legal research (2) sharing strategies for responsible integration of GenAI (3) evaluating industry impact and how GenAI's role might evolve Daniel Lewis, LegalOn Technologies Joy Sherrod Intel Corporation Andrew Moffett Wayfair Frank Tenente Uber John Zimmerman Touchdown Ventures Adam Nguyen eBrevia #legaltech #lawtech #genai #legalinnovators #legalinnovation

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Navigating the Waters of Legal Discovery in California? We've Got You Covered! Dive into our latest blog where we break down the essentials of the discovery process - from written discovery to depositions, and how these tools can empower your case. Whether you're responding to requests or seeking crucial information, understanding your legal rights is key. Tap the link below to learn more and discover how Lanak & Hanna's 40+ years of expertise can guide you through. https://loom.ly/rLcS-74 #LegalDiscovery #CaliforniaLaw #LanakHanna

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When it comes to the legal tech community, I try to support, encourage, and inspire as much as I can. However, there is one thing I cannot and will never support. I will not apologize for this view and to those who may disagree, I hope that we can still be friendly. What is this thing, you ask? Wet signatures. Just. Don't. Do. It. Just don't. Otherwise Dark Colin might show up. I'm Colin, Director of Legal and Evangelist at Malbek - CLM for Enterprise. I am your guide to the world of legal tech. Please follow me and subscribe to my LinkedIn Newsletter! #legaltech #innovation #law #business #learning

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Browse our collection of key primary law resources, convenient desktop code sets, and industry-specific resources for legal professionals in California. Explore here: https://bit.ly/3JrhKjW #LexisNexis #LawBooks #CaliforniaLaw #LegalResearch

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Your Legal team needs Quixy! 💯 Let us tell you why. 👇 Are you tired of the hassle in your legal department? Quixy offers a bulletproof legal framework that empowers your team with a no-code platform for streamlined processes. Automate legal processes, set up self-service portals for case management, and ensure compliance effortlessly. With Quixy, you'll experience error-free contract management, automated dispute resolution, and efficient litigation management. Say goodbye to manual tasks and hello to peace of mind! Find out more here: https://lnkd.in/d4XdivkF #nocode #lowcode #automation #processautomation #legal #digitaltransformation

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Join us at Legal Innovators California on June 4th - 5th, where over two dozen companies at the frontier of #legaltech and innovation will gather! Here’s a breakdown of our sponsors, courtesy of Artificial Lawyer: https://lnkd.in/g5apsv73 Discover the latest developments in legal technology and innovation this June! Don’t miss this opportunity to explore how the legal world is evolving and connect with the leading companies and innovators driving this transformation. 🎫 https://lnkd.in/eMqvvptS Richard Tromans | Artificial Lawyer | Redactable® | Steno | SimpleDocs | Relativity | Gravity Stack LLC | Tangible Global| LegalOn Technologies | Jus Mundi | Clearbrief | Flatiron Law Group | ClearyX | SkillBurst Interactive | DWF | eBrevia | Etain | LawDroid - Generative AI Legal Technology | Abstract | Coheso | Recital | FOSSA | Incorporight Inc. | Avvoka | SimpleClosure | Centari | CallidusAI | Clearbrief | Ivo | UnitedLex | Harvey | International Legal Technology Association (ILTA) | Association of Certified E-Discovery Specialists (ACEDS) #legalinnovatorscalifornia #LegalInnovation #LegalTech #LawTechConference #LegalDisruption #LegalTechSolutions #sanfransicoevents #legalevents #legalinnovators #LegalInsights #TechInLaw

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Snag one of our final limited offer granting you 30% off for the premier West Coast #legaltech event of the year. Use code 'LICFlash3024' and secure your ticket to unlock the future of law today. This is only available through Wednesday, so be quick! 🎫 https://lnkd.in/g_Hwzry #legalinnovatorscalifornia #LegalInnovation #LegalTech #LawTechConference #LegalDisruption #LegalTechSolutions #sanfransicoevents #legalevents #legalinnovators #LegalInsights #TechInLaw

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It seems to me that what is needed right now in tech and in legal tech is education of what is possible right now and with what tools. This means experimenting, testing, iterating, and learning. It means applying what you are learning. The future will come, but it's important to not lose sight of the present. How are you using or learning about technology stay in the present while perhaps also preparing for the future yet to come? I'm Colin, Director of Legal and Evangelist at Malbek - CLM for Enterprise. I am your guide to the world of legal tech.  Please follow me, buy my book, and subscribe to my LinkedIn Newsletter. #legaltech #innovation #law #business #learning

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In a four-part series for Cybersecurity Law Report, Proskauer's Privacy & Cybersecurity group team up with industry professionals to provide an in-depth look at the complex and evolving intersection between privacy regulation and digital tracking technologies. Part two takes a deep dive into the technologies which are increasingly referred to as "commercial surveillance" by regulators and privacy activists. Click here to read: https://bit.ly/3QNKLdQ #Proskauer #cybersecurity #privacy #technology #digitaldata #datatracking

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Thomson Reuters launches CoCounsel, harnessing generative AI to empower legal professionals with AI-driven research, analysis, and drafting capabilities 👩‍⚖️🤖📝 https://lnkd.in/ghHfTxsr #LegalTech #GenerativeAI #ArtificialIntelligence #LawFirms

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There’s much to consider when pairing AI and content creation. 🤔 Join partner Vejay Lalla as he moderates a fireside chat and Q&A on legal considerations across the AI-assisted content-creation pipeline, including identity and IP at NY TECH WEEK by a16z. 💡Join the waitlist or ask how you can get notified about future events! https://bit.ly/4a7J5Te #ArtificialIntelligence #ContentStrategy #NYTechWeek

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Partner Rachel Reid is a featured contributor in a new Henchman report on AI strategies for legal teams. In her piece, Rachel discusses the need for companies to architect and formalize an approach to self-governance in the realm of AI. “The objective should be to adopt a comprehensive AI program that is customized for an individual company and its unique risk profile . . . regulators will expect AI to be employed as part of a highly rigorous system of business rules that incorporate accuracy, fairness, reliability, predictability, explainability, security and resiliency.” Download the report today! #AI #ArtificialIntelligence #AIStrategies https://lnkd.in/eG24hnPC

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Learn how legal operations teams embracing AI will bring big changes to the field. In his column for Today's General Counsel, Colin Levy of Malbek looks at the challenges and advancements of new legal technology: https://bit.ly/3Ik6oxv #generalcounsel #inhousecounsel #legalops #ai #legaltechnology #legaltech #careerdevelopment #CGI2024 #CLOC

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CCPA enforcement action #3: And here comes the California AG together with the LA City Attorney with the third CCPA enforcement action (after Sephora and DoorDash), this time against Tilting Point Media, a game maker. The attorneys allege violations of COPPA and CCPA. *** Tl;dr The company developed a SpongeBob game and allegedly didn't obtain (a) parental consent for under 13 users or (b) users' affirmative opt in consent for sharing data of users 13-17. *** A couple of interesting points: ✅ Children's data: Every policymaker/ regulator is focused on children's data these days. And by children I mean under 18 = no longer just COPPA's U13. Frank Pallone held up the APRA because in his opinion it lacked sufficient punch on kids' data. Perhaps we'll see a breakthrough there at some point. https://lnkd.in/eNJeVsHW Maryland passed an age appropriate design code last month https://lnkd.in/edsqFNRW. And last week New York passed two children's data laws, which await the governor's signature. https://lnkd.in/e6QW4adS. ✅ OUT: AI governance; IN: SDK governance: The AG focuses on the allegation that the company "incorrectly configured software development kits (SDKs)" on its app. Indeed, the stipulated judgment it requires the company to "implement and maintain an SDK governance framework". This should serve as a wakeup call to apps (and websites) that are unaware of what SDKs (or cookies, pixels, scripts) are embedded in their product and what data they collect or share. ✅ Opt in for under 18: In California, if children under 18 use your site, you *must* get affirmative opt-in consent if you integrate trackers for advertising purposes. Per Sephora and DoorDash, the AG considers this a "sell or share"'; and for "selling or sharing" U18 data in California, the rule is *opt in* and not opt out. ✅ It's getting hot in here: As expected, CCPA enforcement is just gearing up, and 16 more state laws are coming into force in the near future. If you haven't already, get your data practices in order, or else......

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Our Technology, Data and IP team was out in full force for the AI Strategy Summit: IP, Data and Compliance, where Partner Jessica Lipson, Esq., CIPP US spoke on a panel about the future of data privacy in an AI-driven world. Jessica shared a key takeaway from the event: As privacy laws continue to change and new laws come into force across the globe, it is strongly advisable for businesses – particularly those deploying and developing generative AI tools – to implement proper controls, including: ✔ Select, train and adequately supervise personnel ✔ Develop good policies that make sense for your business ✔ Communicate effectively with all stakeholders ✔ Understand and effectively manage your data #Technology #IntellectualProperty #DataPrivacy #ArtificialIntelligence #Leadership

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