Lies. Scams. Disinformation. Misinformation. Voice cloning. Likeness cloning. Deepfakes. Manipulated photographs. Manipulated videos. They all pose tough questions for lawyers, judges and juries.AI has exploded the possibilities of all these things to the point that it’s almost impossible to trust anything. Lack of trust has enormous implications for lawyers, judges, and the way we resolve

I’m happy to once again by in Las Vegas for the world’s biggest consumer electronics and technolgy show, CES. Like last year, I’m covering the show for Above the Law. Here is my preview of this year’s Show, along with my thoughts on why the Show is so relevant to legal. I wll be

To whom much is given, much is required.

Several years ago, my firm held a departure party for me as I transitioned from the full-time practice of law to full-time blogger and legal tech commenter. One of my peers, who I had practiced with for most of my career, walked up to me and said, “I sure wish I could do what you are doing.” I had known this guy most of my career and knew he had the resources to do something else and had expressed the desire to do so several times. So I said, Dave, there’s nothing stopping you from doing the same thing. He replied, I just can’t. Being a lawyer is not what I do, its who I am.

Continue Reading Why Lawyers Can’t Let Go: Identity, Privilege and The Impact on Clients

With any new technology, questions of discovery and privilege inevitably arise. As a recent New Mexico case demonstrates, that’s certainly true of Gen AI.

The Tremblay Case

The case, Tremblay v. OpenAI, Inc., is pending in California District Court. The case involves claims that OpenAI was trained by using plaintiffs’ copyright materials. OpenAI sought to compel the plaintiffs to produce and obtain the prompts and responses the OpenAI tool used in pre-suit testing, including those responses the plaintiffs did not use to support their claims.

Continue Reading Privilege In the Age of Gen AI: Lots of Questions

Bloomberg Law recently reported that the venerable firm Steptoe would allow associates to choose their own billable hour targets. The program will start next year. An associate can choose to bill 2200 hours and receive top pay, or they can opt for 2000 hours and make less, or 1800 hours and make even less. Associates reportedly elect to move to a different tier. Associates are allowed to bill fewer than 1800 hours and have their pay pro-rated accordingly.

Continue Reading Billable Hour Tiers for Associates: Progressive or Lipstick on a Pig?