"It's not like we actually have economic growth today. So we actually need technological breakthrough, we need AI ... Our responsibility is to have the AI augment the human ingenuity and augment the human opportunity." - Satya Nadella, Microsoft CEO
The legal industry is no exception. As we mentioned in a recent look at Only Humans Need Apply: Winners and Losers in the Age of Smart Machines, written by Thomas H. Davenport (who has taught at Harvard Business School) and Julia Kirby (an editor at Harvard University Press), it’s impossible not to see how e-discovery has changed over the last decade as AI and other forms of data analytics hit the legal scene.
Headlines like “How Soon Will You Lose Your Job To An AI Robot?” only make matters worse by constantly pitting man against machine in a Terminator-esque zero-sum game.
This article originally appeared in Bloomberg BNA's "Big Law Business" community. Check it out here.
In 2016, as never before, “business as usual” means that fluency in technology is “table stakes” for all professionals, particularly ones that are facing efficiency and automation pressures. More crucial than efficient business practices, however, are the ethical obligations these quickly evolving technologies demand.
Although not all cases revolve around e-discovery, it is time for litigators to start preparing as if they did. Last year, the State Bar of California shared their thoughts on the matter, stating that in some cases lack of knowledge about e-discovery was tantamount to incompetence. In broader support for the need of basic technology fluency, 25 states (and counting) have adopted attorney ethics provisions linking technological competence to legal competence—incorporating language similar to what the ABA added in 2012 to the comments to the Model Rules of Professional Conduct.
Fortunately, I got right back on the horse, and earlier this month I had the pleasure of moderating a webinar entitled: “Thinking Outside the (Black) Box with Early Case Assessment.” It featured a panel of stellar practitioners, including Alison Grounds (managing director) and Chris Haley (director of legal technology) at Troutman Sanders eMerge, as well as Rene Laurens (senior Relativity solutions specialist) from kCura.
Since hitting the market, Pokémon GO has been the subject of many an editorial—covering everything from sociological concerns over the game’s ethics to culinary recommendations for the gamer on the go. Here’s our take.
Samuel Clemens—best known by his nom de plume, Mark Twain—was famously quoted as saying “the reports of my death have been greatly exaggerated.” Apparently, while traveling abroad and becoming ill, rumors about his health rose to such a pitch that an American newspaper actually published Twain’s obituary. And, while his actual quote has morphed over time, it nevertheless serves as an interesting anecdote for anything that has prematurely been buried (like Roger Goodell – NFL Commissioner).
Early case assessment (ECA) has faced a similar fate over the last few years as the reports of its demise have blossomed, though some e-discovery experts denied this trend from the start. Let’s untangle fact from fiction to trace the origins of this solution.
This places an incredible burden on the insurance companies that stand behind those policies. As a highly regulated business with a range of risks and different constituents, most insurance companies have to be comfortable living with the correspondingly complex and frenetic world of e-discovery.
e-Discovery software is not used exclusively by law firms or service providers—today’s corporate counsel are facing constant pressure to reduce costs in litigation, especially when faced with numerous discovery requests. This trend is getting more challenging due to exponential data growth and content proliferation. IDC’s Digital Universe study predicts the world's data will amount to 44 zettabytes by 2020, which will have a significant impact on the compliance and e-discovery needs of organizations on a global scale. Corporate legal departments are aware of the trend, but an often-heard challenge is understanding what tools are available to combat this data deluge.
Let’s take a look at the key takeaways from this provocative author and his latest endeavor.