TechLaw Crossroads is a no bullshit tech/law blog written mainly by me, a lawyer who practiced as a partner with a large law firm for the better part of 30 years. I was a trial lawyer mainly in mass tort, and, later in data breach, cyber, privacy and cyber insurance areas. I know what its like to be in the trenches when crap hits the fan in the middle of the night on the eve of a trial, and when your client starts screaming and your partners start scheming.
For several years, I have been fascinated by technology and how it practically impacts both the practice of law, our everyday lives, and the law itself. TechLaw Crossroads is all about the tension between technology and innovation on one side and the law and practice of law on the other. It sits at the crossroads between the new and the old: its hard to imagine a greater clash of cultures than the disruption of tech and innovation and the traditional, precedent grounded legal profession. How do the judiciary, regulators, and legislatures grapple with new questions, issues, and nuances posed by technology and technological developments? What does technology mean in the context of the business as opposed to the substance of law? How will it change lawyers and the profession? And how do these two issues: change in the law itself and change in the practice of law—affect each other?
This blog explores relevant developments and issues that frame and illuminate that culture clash hopefully from a practical viewpoint of a longtime lawyer. My goal is to be as interesting as I find the issues to be; to paraphrase John Waters, filmmaker and writer, I simply want to keep up with what’s causing chaos in our field.
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I am a frequent speaker, blogger, and writer on the impact of technology on the practice of law. I am currently Vice-Chair of the American Bar Association Law Technology Resource Center, an Editor of Law Practice Today Webzine and a member of the ABA’s Law Practice Futures Initiative. I am also co-author of a book entitled Mass Tort Claims Resolution Facilities and the 2017 and 2016 editions of the American Bar Association’sTechReports. I am Chair of the Data Breach, Privacy and Cyber Insurance Section of the Federation of Defense and Corporate Counsel. You can find me on LinkedIn, Twitter, Facebook, and Instagram.
Formerly a member of Frost Brown Todd LLC and the Firm’s class action, privacy and mass tort groups, I am a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems. My mission is to find simple, successful and elegant solutions to civil litigation problems and dilemmas primarily in the mass tort, business and consumer class action, and privacy and data breach arenas. For most of my career, I specilized in the defense of mass tort actions.
I recently successfully completed the certification program to earn the title of Technology Master Advocate by the Federation of Defense & Corporate Counsel. I now practice with my own firm, embryLaw LLC.
In addition to practicing law, my passions include education, officiating swimming on national and local levels and all things tech and travel related. And, finally, he is unabashedly and unapologetically a University of Kentucky basketball fan.
Interested in reading my articles and posts?
- Advisen: Sixth Circuit Coverge Opinion: Square Peg in Round Hole ( August 2018)
- Legal Business World: Want to Be a Great Lawyer? Embrace Technology (July 2018)
- FDCC Insights: 9th Circuit Finds a Substantive and Valuable Privacy Right (January 2018)
- LawSites Change is Easy, Leaving Is Hard (May 2018)
- Advisen: California’s Proposed Pandora’s Box:Data Breach Suits Without Damage (December 1, 2017)
- LinkedIn: I Almost Didn’t Go: Lessons in Learning (November, 2017)
- The Lawyerist: Is Reverse Mentoring Right for Lawyers? (October, 2017)
- Kentucky Bench & Bar: Avvo Legal Services: A2J Solution or Barbarian At the Gate (September, 2017)
- The Lawyerist: Dispatches from ILTA: Document Tech Mergers, Google Enters the Ring, and New Collaboration Expectations (August 2017)
- The Lawyerist: ILTA 2017: Where Have all the Lawyers Gone (August 2017)
- The Lawyerist: For the Legal Profession and Others, Change is Hard (August 2017)
- The Lawyerist: Apple’s Approach to Augmented Reality Could Change the Litigation Landscape (July 2017)
- Linked In Pulse: ILTA Fireworks (August 2017)
- Law Practice Today: AR/VR Technology: Where We’ve Been, Where We’re Going (June 14, 2017)
- Apps in Law Podcast: AiL009 – Stephen Embry annotates transcripts on his iPad (TranscriptPad) even during Derby Week! (June 1, 2017)
- The Lawyerist: Microsoft SQL 2017: Improvements, Advanced Analytics and What It May Mean for Lawyers (May 23, 2017)
- The Lawyerist: When it Comes to Reading, Should You Go Paperless? (April 25, 2017)
- Abacus Next: ABA Techshow: Professionals on a Mission (March 21, 2017)
- Abacus Next: It’s March Madness: It Must Be TECHSHOW Time (March 15, 2017)
- The Lawyerist: Lawyers, The Quartz Crisis and Swatch Watches: A lesson on Disruption (February 23, 2017)
- Abacus Next: So a Lawyer Walks into CES (January 10, 2017)
- ABA TechReport 2016: Litigation and T.A.R. (Article included in the annual publication.)
- Law Practice Today: Why Alternative Litigation Financing is Poised to Disrupt Litigation (December 14, 2016)
- Louisville Business First: Does FTC flexing its data-breach muscles equal trouble for businesses? (December 1, 2016)
- Law Technology Today (LTT): The Brave New World of Screenless Technology (October 20, 2016)
- Legal Talk Network (podcast): On the Road with Legal Talk Network : Clio Cloud 2016: How Cons Can Improve Your Practice (September 22, 2016)
- ABA Blueprint: State Data Breach Notification Laws Just Got Crazier (September 1, 2016)
- LinkedIn Pulse: Data Analytics and Predictive Modeling: Game Changer For How You Manage Claims… And View Your Lawyer (August 26, 2016)
- LinkedIn Pulse: You’ve Had a Data Breach? Harm Presumed and Inherent: The LabMD Ruling (August 4, 2016)
- Law Technology Today (LTT): Spokeo Inc v. Robins (May 19, 2016)
- LinkedIn Pulse: Spokeo v. Robins: A Well Executed Punt? (May 16, 2016)
- LinkedIn Pulse: Tyson Foods v. Bouaphakeo: A Retreat From Dukes or Just a Spoliation Case? (May 5, 2016)
- Law Technology Today (LTT): State Data Breach Notification Laws Just Got Crazier (April 19, 2016)
- LinkedIn Pulse: Law and Technology Disconnect: Tennessee Just Killed Encryption Safe Harbor (April 7, 2016)
- LinkedIn Pulse: fbtTECH @ SxSWi 2016: The Big Take Aways (March 16, 2016)
- Law Practice Today: Cyber Insurance: Panacea or Pandora’s Box? (January 14, 2016)
- Law Technology Today (LTT): Legal disruption tipping point: Why do I feel like a taxicab driver? (November 23, 2015)
- Advisen: Google Wallet: What’s your privacy really worth; Do you have the class-action standing to protect it? (June 18, 2015)
- Advisen: Why does Radio Shack ask for your phone number when you buy batteries? (May 7, 2015)
- Advisen: Hackability as a Defect? (March 18, 2015)