Above The Law's Legal Tech Non-Event https://abovethelaw.com/legal-innovation-center/ A Legal Tech Adoption Guide For Perplexed Lawyers Mon, 21 Aug 2023 22:46:01 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.5 147371185 AI Update: Reuters Closes Casetext Deal, The New York Times Feuds With OpenAI, CFPB Cracks Down On Data Sales https://abovethelaw.com/legal-innovation-center/2023/08/21/ai-update-reuters-closes-casetext-deal-the-new-york-times-feuds-with-openai-cfpb-cracks-down-on-data-sales/ Mon, 21 Aug 2023 22:46:01 +0000 https://abovethelaw.com/?p=992490 This week in AI news.

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3d rendering of human brain on programming language backgroundThomson Reuters has officially completed its acquisition of Casetext, a legal tech company focused on using machine learning and AI to develop products like the company’s CoCounsel — an AI legal assistant powered by GPT-4. “The acquisition supports Thomson Reuters ‘build, partner and buy’ strategy to bring generative AI solutions to its customers and the company’s efforts to redefine the future of professionals through applications of generative AI,” the company said in a press release.

Casetext also appeared in an ABA Journal story regarding how CoCounsel helped the California Innocence Project draft emails and memos and conduct legal research, enabling the pro bono organization to become more efficient with its limited resources. “I think that this is a profound opportunity for the legal profession to live up to its ideals,” Pablo Arredondo, the co-founder and chief technology officer of Casetext, says of AI’s potential to close the justice gap.

Despite having built products that rely on OpenAI’s GPT-4 and GPT-3.5 models, legal tech companies seem mostly unfazed by the growing number of lawsuits against the AI giant, LegalTech News reports. As the suits progress, companies may have to begin looking for alternative models to power their own offerings or embrace an “LLM independent mindset.”

Speaking of lawsuits against OpenAI, the New York Times has begun exploring legal action against the ChatGPT creator “to protect the intellectual property rights associated with its reporting,” NPR reports, adding that the news organization and OpenAI “have been locked in tense negotiation over reaching a licensing deal in which OpenAI would pay the Times for incorporating its stories in the tech company’s AI tools.”

In the latest chapter in the agency’s crackdown on data brokers, the Consumer Financial Protection Bureau intends to propose new restrictions on sales of personal data for use in digital advertising and artificial intelligence, Bloomberg Law reports. The new restrictions would “seek to ban the sale of consumer data, including so-called ‘credit-header data’ like a person’s name, address, or Social Security number, for the purpose of targeting advertisements.”

AI Trainer, a new product from contract lifecycle management company Agiloft, enables “non-technical legal and business professionals to train its AI to identify key terms and clauses,” according to LawSites. The goal? Reducing the need for specialists when it comes to training generative AI on a firm’s unique preferences and style.

Some experts believe that gaining the public’s trust should be a priority for AI companies looking to stay ahead of legislative pressures, according to Bloomberg Law’s coverage of the National Conference of State Legislatures in Indianapolis. Transparent practices on the part of tech companies and regulation that balances the “risks and rewards of the emerging technology” will be essential factors in building public trust.


Ethan Beberness is a Brooklyn-based writer covering legal tech, small law firms, and in-house counsel for Above the Law. His coverage of legal happenings and the legal services industry has appeared in Law360, Bushwick Daily, and elsewhere.

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Can’t Spell ILTACON Without AI. Because Then It’d Be ‘LTCON.’ https://abovethelaw.com/legal-innovation-center/2023/08/21/ilta-2023-kickoff/ Mon, 21 Aug 2023 20:17:09 +0000 https://abovethelaw.com/?p=992283 Seriously though, artificial intelligence looms over the proceedings.

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Humanoid mini robot with HUD hologram screen doing hand raised up on white background. Technology and innovative concept. 3D illustration renderingSeveral annual gatherings of the International Legal Technology Association ago, the news of the show was its pedestrian view of artificial intelligence. After a few years of vendors discussing the topic like hawking magic beans, the mood chilled and everyone talked about AI as a completely normal tool with recognized limits. The legal tech world collectively had a breakthrough at therapy that year.

But in 2023, artificial intelligence might actually be magic. It’s not replacing lawyers any time soon (it’s not even poised to do 90 percent of what the media claims or that lazy lawyers imagine it can), but it looks like a technology on the cusp of really changing how the industry does its job.

Will the lawyers actually get the memo?

There’s nearly 3,300 attendees here at ILTACON and precious few are practicing attorneys. Every year, I plead with firms to send attorneys to this show or at least schedule a detailed debriefing after the fact. Too often the conference feels a bit like earning an invitation to a support group of Scooby-Doo villains, swapping their visions of an efficient legal practice… and it would work, too, if it weren’t for those pesky attorneys.

From the exhibit hall to the bar, firm and law department tech professionals are getting into the weeds with vendors describing pain points and what they would need to pull the trigger on a new implementation, but the shadow looming over every chat is whether the attorneys will understand it enough to change how they work.

“We’re usually talking about increasing a partner’s bottom line from a million to $1.1 million,” an attendee explained. “And sometimes that’s not enough to get them to buy in.”

Which is where AI comes in. This isn’t about picking up efficiencies at the margins, this is going to be existential to the future practice of law. The overwhelming majority of Am Law 100 firms are looking into leveraging AI, but whenever we hear those numbers, we’ve got to think, are the Am Law 100 really looking into using AI or are the tech professionals from Am Law 100 firms on top of this… and will they get the buy in they need when they go back home?

It’s a case that would be a lot easier to make if a couple attorneys would show up to these proceedings.


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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Lawyer Ranking Company Best Lawyers Acquires Digital Legal Marketing Agency Good2bSocial https://www.lawnext.com/2023/08/lawyer-ranking-company-best-lawyers-acquires-digital-legal-marketing-agency-good2bsocial.html Mon, 21 Aug 2023 16:12:54 +0000 https://abovethelaw.com/?p=992343 With the acquisition, Best Lawyers will expand the services it offers law firms to include digital marketing strategy, content marketing, social media, search engine optimization, and website development.

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‘Market Pressure’ And Office Mandates Aren’t Going To Work Long-Term https://abovethelaw.com/legal-innovation-center/2023/08/21/biglaw-office-mandate-survey/ Mon, 21 Aug 2023 15:44:00 +0000 https://abovethelaw.com/?p=991806 Some Biglaw firms think the job market gives them leverage to mandate in-office work. The data says they're very wrong.

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lateral move Businessman jumps over the ravineThe most dangerous place in America is between a microphone and a Biglaw firm trying to mandate attorneys back to the office. Firms may not be reaching out directly, but there’s no shortage of consultants and background sources willing to tell certain outlets how law firms have “leverage” again and how firms are ready to ditch lawyers who aren’t eager to come back. No one is confused about the source of this “conventional wisdom.”

Yet… most firms aren’t embracing this wisdom. “You didn’t see your kids before the pandemic, you shouldn’t expect to see them now” might be the message at Skadden and Davis Polk may be “predominantly an in-office firm,” the truth is the rush to force lawyers back to the office is notably absent. Biglaw firms normally can’t play lemming fast enough. When one firm sets the bonus market, the rest of the field generally follows suit within weeks. It’s too risky and the talent pool too sparse to play non-conformist.

And a lot of firms just aren’t convinced that the “leverage” is really out there.

They might be right. A recent Microsoft study concluded that, “While a less certain job market may motivate some employees to spend more time in the office, a more lasting, effective approach requires concerted efforts to rebuild social capital.” In other words, firms will be sorely mistaken if they’re hoping attorneys are so scared of getting laid off that they’ll swallow in-office mandates.

Where these firms keep getting it wrong is assuming that lawyers never want to go to the office. Very few attorneys expect to work from home all the time, nor do they want to. It’s not the fact of going to the office that they balk at, it’s arbitrarily forcing them to show up on a set day regardless of whether there’s any need for them to be in the office that day or not.

They just want flexibility.

And if the firm wants to manage flexibility, it needs to focus on culture and technology instead of blustering about everyone being at their desks every Thursday.

That same Microsoft survey revealed that what actually brings motivated employees back to the office is providing some reason for them to be there. According to respondents, 74 percent of employees are motivated to go into the office if they know their “work friends” are there. While a mandate might bring everyone under one roof — a fitting way to talk about the crushing overhead of firms’ reckless commercial leasing — a more effective method would be to enable those groups come together naturally.

We’ve raved about Seward & Kissel’s efforts to make office days fun — and building mini-golf holes seems like fun — but it’s not about the single day that the firm holds a big event, it’s about the connections that event builds that carry over.

And firms haven’t even really begun to utilize the tools out there to build an office community. Some 60 percent of firms have adopted no new technology to support hybrid work and the most popular “hybrid office” tool cited in a recent ILTA survey was… Microsoft Outlook? And even that was a mere 13 percent.

That’s a work tool that works everywhere, not a hybrid work tool!

The Maptician 2023 Attorney Engagement Survey found that “presence technology” more than doubles attorney time spent in the office as measured by utilization. If you’ve never heard of presence technology, it’s one of the rare instances where the buzzy tech term is actually self-explanatory. It’s tech designed to inform everyone who is in the office that day, where they are, and for how long. People show up when they need to be in the office and if they don’t need to be in the office… they might show up if they know their mid-level mentor buddy is there.

And with flexibility, firms can take advantage of hoteling office space or arranging the area with shared space that only gets shared in emergencies. Firms can cut back on space while still keeping the office “full” with a significant chunk of employees on any given day. Davis Polk is doubling down and leasing another 30K sq. ft. as part of their mandates and, I dunno, I hope that makes whatever commercial real estate client they’re working with happy. But law firm space utilization overall sits just below 50%, rendering $74,475,561.6 in real estate per month unused according to Maptician respondents.

The market might be down right now, but it’s not going to be stuck in neutral forever. Attorneys are already circulating resumes. The other top-tier firms steering clear of the mandate approach are going to have ripe pickings from talent itching to bill 2800/year, merely asking that they bill Tuesdays from the home office. That’s a small concession to make to get ahead in a talent war.

Earlier: Biglaw Lawyers Must Return To The Office To Justify Management’s Reckless Office Space Leases
Davis Polk Is ‘Predominantly An In-Office Firm’ Now, As It Clings To Mandatory 4-Day Attendance Plan
Managing The Hybrid Office Of The Future With A Couple Clicks
‘You Didn’t See Your Kids Before The Pandemic, You Shouldn’t Expect To See Them Now,’ Says Elite Law Firm Partner
Seward & Kissel Designs World’s Longest Miniature Golf Hole


HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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Today At ILTACON: Keynote Speaker, ILTACON Buddies, The Legal Bytes https://abovethelaw.com/legal-innovation-center/2023/08/21/today-at-iltacon-keynote-speaker-iltacon-buddies-the-legal-bytes/ Mon, 21 Aug 2023 15:15:45 +0000 https://abovethelaw.com/?p=992505 ILTACON 2023 is finally here! Here is a rundown of today's offerings.

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data_Law_Justice (1)Ed. note: To help kick off our new “ILTA on ATL” channel, we’ll be bringing you daily updates from ILTACON this week. The event kicked off Sunday and runs through Thursday in Orlando. 

News Of Note – An exciting day of pre-conference activities was conducted Sunday. This included content about overcoming imposter syndrome in the legal tech industry, the initial ILTA Buddy program meetup, various functionally oriented block parties and the opening reception. And a quick reminder, to keep up with all the comings and goings, please download the ILTA app; the most up to date information for the conference is there (https://events.bizzabo.com/507787/home). Don’t forget to follow, and use, the conference hashtag, #ILTACON2023, on social media also, to learn more about the event happenings and to amplify your activity. 

Let’s Get Physical – For those who missed the golf outing and don’t have their exercise regimens completely satisfied by walking 20,000 steps a day between the two conference sites, morning yoga and running groups are available (not only today, but throughout the conference). 

On The Docket – Today’s keynote, offered by topic expert Sara Ross, speaks to the conference about reigniting a spirit of aliveness to reshape one’s work and refuel their life. Great messages here, don’t miss it. There are, of course, a bevy of information sessions on everything from API’s, the future of the legal profession, Power BI, enhancing the client experience, legal ops, citizen development and much, much more. A much anticipated session on AI from Casetext kicks off in the early afternoon. The non-stop action continues with the unveiling of the new ILTA Litigation Support Survey at 2 p.m. Finally, there is an ILTA Affinity group reception in the Dolphin on Monday 6-7 p.m., where the ILTA’s Women Who Lead section, She Breaks the Law, and Andrea Markstrom’s IWILL members have a meetup.  

ILTA Spotlight – ILTA Buddy Program. This offers first-time attendees the chance to link up with an ILTACON buddy (an experienced ILTACON attendee who will take you under their wing and give you the insider’s perspective on having a great ILTACON experience). The initial meetup occurred last night. I participate in the program, it’s a great idea. And for those who’ve attended ILTACON many times, if you see someone who might need a hand getting integrated, please reach out to them.  

Entertainment Tonight – The Legal Bytes band is back, playing prior to the keynote. And, if you are interested, mementos from this morning’s Keynote Performance by Legal Bytes are available at Grand Harbor Registration! This evening, please gather at 5 p.m. in the Yacht / Beach Grand Harbor Ballroom for Klik training and a reception, followed by the Ultimate Tailgate Party. A good time is a virtual certainty!  

A Word From Our Sponsors – Sponsors are the lifeblood of ILTACON, please visit their booths, demo rooms and events to learn about their product and service roadmaps. Today’s company updates in Dolphin / Yacht locations are from Sharefile, Thomson Reuters, Intellek, Everlaw, Disco and BigHand. Here’s some thoughts from three sponsors on the value they see at ITLACON.

Neil Araujo, CEO, iManage: “There has never been a more opportune time for technology to impact the practice of law. We are excited about engaging in these discussions with the community that is at the forefront of making positive change happen in this industry.”

Jake Heller, Casetext co-founder, and CEO:  “ILTA gives you an opportunity you can’t get any other place – to meet with everyone who cares about legal technology. Given the advancements in AI this year, ILTA stands to be a can’t-miss event to discuss the transformative impact the technology is having on the legal landscape as we speak.”

Chris Cartrett, CEO Aderant : “We are thrilled to be in Orlando for another ILTACON. ILTA serves a tremendous purpose for all legal tech companies in bringing together leaders and innovators from around the world. Aderant is proud to be a sponsor at the event and look forward to a week of incredible conversations with clients and prospects.”


Kenneth Jones is the Chief Operating Officer of Xerdict Group LLC, a wholly owned subsidiary of Tanenbaum Keale LLP that offers technology-based services including SaaS litigation and matter management applications to the Firm’s clients.

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Morning Docket: 08.21.23 https://abovethelaw.com/legal-innovation-center/2023/08/21/morning-docket-08-21-23/ Mon, 21 Aug 2023 13:33:49 +0000 https://abovethelaw.com/?p=992469 * Depressed about how awful the Supreme Court is right now? Maybe it's not the worst. I mean it's still bad, but there's room for hope. [Vox]

* AI is not an artist. Judge reject copyright for AI generated artwork. [Law360]

* Biden administration wants to be able to block you. The Solicitor General will argue to the Supreme Court that government officials that blocker social media users on their own personal accounts do not violate the First Amendment. [Law.com]

* So, this is how Hunter Biden's plea deal fell apart. [Politico]

* Asa Hutchinson understands the 14th Amendment, think Donald Trump is likely disqualified from running for president. [The Hill]

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Supreme Court artsy* Depressed about how awful the Supreme Court is right now? Maybe it’s not the worst. I mean it’s still bad, but there’s room for hope. [Vox]

* AI is not an artist. Judge reject copyright for AI generated artwork. [Law360]

* Biden administration wants to be able to block you. The Solicitor General will argue to the Supreme Court that government officials that blocker social media users on their own personal accounts do not violate the First Amendment. [Law.com]

* So, this is how Hunter Biden’s plea deal fell apart. [Politico]

* Asa Hutchinson understands the 14th Amendment, think Donald Trump is likely disqualified from running for president. [The Hill]

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Should Law Firms Ban Or Embrace Generative AI? https://abovethelaw.com/legal-innovation-center/2023/08/21/should-law-firms-ban-or-embrace-generative-ai/ Mon, 21 Aug 2023 12:45:20 +0000 https://abovethelaw.com/?p=986217 “We completely outlawed the use of ChatGPT in our firm,” a law firm partner recently told me.  “How’s that working for you?” I asked.  “Our lawyers are probably among the most adept generative AI users around,” he shrugged.  Firms may monitor online traffic and prohibit lawyers from visiting specific domains on office computers. But lawyers […]

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Artificial intelligence making possible new computer technologie“We completely outlawed the use of ChatGPT in our firm,” a law firm partner recently told me. 

“How’s that working for you?” I asked. 

“Our lawyers are probably among the most adept generative AI users around,” he shrugged. 

Firms may monitor online traffic and prohibit lawyers from visiting specific domains on office computers. But lawyers can, and will, still experiment with generative AI on their personal devices and at home. 

Some may even use tools like ChatGPT for legal work without telling anyone. They could divulge confidential client information and make important decisions relying solely on AI analysis without you ever knowing.

Its unenforceability alone highlights the short-sightedness of a total ban on generative AI. Instead, law firms can benefit by carefully crafting a use policy to monitor and guide lawyers. Here’s why and how it works:

Bans Overlook The Many Benefits AI Offers

Banning generative AI outright may seem like a straightforward way to prevent the attendant ethical and legal issues. But generative AI can create content, draft and summarize documents, and perform tasks with stunning speed and impressive accuracy. Leveraging generative AI can save lawyers significant time and resources while helping to produce high-quality legal work at lower costs.

Eliminating generative AI from your firm’s toolkit increases your firm’s risk of falling behind in efficiency, cost-effectiveness, and innovation. A ban also ignores the reality that clients increasingly expect lawyers to use technology to better serve their needs. Seven in 10 in-house counsel recently surveyed expect their law firms to use cutting-edge technology, including generative AI tools. Waiting too long or failing to do so could harm your firm’s ability to remain relevant. 

Plus, bans drive AI use underground, in the dark, where it can be misused. It’s better to foster a culture that values and promotes the responsible use of AI. A good AI use policy helps lawyers understand how and when to use generative AI to minimize risk and maximize value. 

What makes a good AI use policy?

A comprehensive AI use policy can help provide much-needed guidance to lawyers and staff. It ensures legal professionals deploy and use AI solutions ethically and transparently and fosters an open environment for discussing ethical quandaries, expressing concerns, and reporting difficulties with AI systems. Such a policy may:

  • Clearly define the scope of use of generative AI applications in the firm. 
  • Establish requirements for data privacy and client confidentiality. 
  • Encourage discussions with clients about the use of AI in their cases. 
  • Require lawyer and staff training on generative AI best practices and ethical considerations.

As the AI field moves quickly, it makes sense to designate a “policy owner” to keep abreast of technological advancements and regularly update the policy as needed. Many resources are available to help lawyers and firms understand AI and how to use it ethically and responsibly.

A Well-Crafted AI Policy Is An Empowerment Tool

A well-crafted generative AI use policy ensures your firm’s legal professionals know the ethical guidelines surrounding AI usage, including the potential risks and consequences. Its guidance encourages legal professionals to develop and sharpen their technical skills and readily adapt to change — the type of skills and abilities needed to compete in the future.

Your policy will encourage compliance with legal and ethical requirements and foster a culture of competence and integrity. Trained and knowledgeable AI users are better equipped to make conscientious decisions grounded in innovative thinking. Embrace a policy-driven approach to harness the benefits of generative AI while maintaining the highest level of professionalism and adherence to ethical standards.


Olga MackOlga V. Mack is the VP at LexisNexis and CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board SeatFundamentals of Smart Contract Security, and  Blockchain Value: Transforming Business Models, Society, and Communities. She is working on Visual IQ for Lawyers, her next book (ABA 2023). You can follow Olga on Twitter @olgavmack.

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How ILTACON Differs From A Traditional Trade Show https://abovethelaw.com/legal-innovation-center/2023/08/18/how-iltacon-differs-from-a-traditional-trade-show/ Fri, 18 Aug 2023 17:13:16 +0000 https://abovethelaw.com/?p=990774 Each year, my business partner conversations have created short- and long-term benefits.

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feedback-2990424_1280I’ve been attending ILTACON for more than 20 years (as an ILTA member, as a Conference Committee member, as ILTA’s VP of Conferences, and as a business partner).

From all those perspectives and from conversations with countless ILTACON participants, it’s clear that the value of the conference is split pretty evenly between the education takeaways, the networking, and the business partner connections.

ILTACON is an educational conference with an exhibit hall on steroids, as opposed to a traditional trade show.

As the IT Director in a law firm and as a legal operations leader in a corporate legal department, I sought out business partners and industry experts for meetings and presentations on various topics at ILTACON.

Managing time at ILTACON is a challenge, with great opportunities for education and networking — and many business partners vying for a slice of that time.

I did what many ILTA members do: review the exhibitor list, triage the communications from business partners, and match them to challenges in my firm and proposed budget items.

The event app is full of useful information as well. I made time in my ILTACON schedule to meet with my priority business partners, allowing a cushion for the surprises I would find on my walk throughs of the Exhibit Hall, my conversations with people in and following education sessions, and in the networking events.

One year I had no time to prepare before arrival, so I used the app to sort through the exhibitors on the fly. Every year, business partner conversations bore immediate fruit and others percolated and came to fruition later that year or the next, or helped in conversations with management about who was doing what.  

ILTA encourages everyone at the conference to mingle and participate in as many education and networking events as possible. It’s such a differentiator for ILTACON that everyone is treated equally and business partners are not relegated to the back rooms, away from the action.

In many cases, business partners ARE the action, the experts, the people who can help ILTA members solve business problems. It’s worth the effort to see who’s there!

ILTA Tech Survey

500+ law firms from all over the globe and in all sizes and shapes complete the ILTA Technology Survey each year. The goals of the survey: 

  • Provide a single source for substantive data against which to benchmark a legal organization’s technology implementations and future plans
  • Provide a resource for IT budgeting and strategic planning
  • Track historical trends
  • Provide insights for future outlook

I am a member of the ILTA Technology Survey committee. We have technologists from every corner of legal on the team. We look at the problems faced across the legal industry, how law firms use technology now, and how different products or services can help achieve specific needs.  We:

  • Dissect the prior year’s survey and update survey questions, particularly looking at current issues and emerging technologies
  • Review the survey data after the survey closes and has been consolidated by the survey vendor
  • Finalize the charts for the formal ILTA Technology Survey publication
  • Write an executive summary and additional commentary as required
  • Present an education session on the Tech Survey at ILTACON 

We are in the “Finalize” phase right now, with Tech Survey committee members each reviewing sections of the survey results, finalizing what will be published and working on the executive summary. 

We are also preparing for this year’s education session at ILTACON, titled “2023 Emerging Tech and Industry Trends: The ILTA Tech Survey Results Trailer.” 

In the session we will reveal highlights and initial analysis to help answer strategic planning and budgeting questions even before the formal survey results are published in September.

New topics for 2023 include emerging desktop applications, generative AI tools and Hybrid strategies. Trends around infrastructure, desktop/laptop hardware and OS, office apps, DMS/ECM, practice management and business applications, collaboration and communication and security will also be shared.

We will allow time for ILTA members and business partners to talk with us, ask questions and provide feedback on new topics for possible survey inclusion next year. ILTA continues to solicit member and partner feedback for this survey in new and innovative ways and we strongly believe that this open dialogue will continue to increase the usability of this survey.

Hope to see you at ILTACON!


TJ Johnson is a Legal Quality Strategist for Qualitest. At Qualitest (previously Olenick), she provides strategic advisory services, helping law firms and legal departments transform project and quality methodologies and mature their overall quality. Her prior experience includes: 15 years on the executive team at International Legal Technology Association (ILTA), eight years as IT Director for a Canadian law firm, and eight years as Manager of the Legal Department of Great-West Life (now Canada Life).

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County Attorney Rejects Warrant Used In Raid Of Small Kansas Newspaper, Asks Court To Force Cops To Return Seized Devices https://abovethelaw.com/legal-innovation-center/2023/08/18/county-attorney-rejects-warrant-used-in-raid-of-small-kansas-newspaper-asks-court-to-force-cops-to-return-seized-devices/ Fri, 18 Aug 2023 14:04:23 +0000 https://abovethelaw.com/?p=991617 FAFO.

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Frustrated Caucasian man wearing police uniform costume in studioLast week, cops in a small Kansas town decided they’d just toss aside the First Amendment and raid a local newspaper.

There were competing narratives. The first was that the paper was in possession of information related to the drunk driving arrest of local business owner Kari Newell, who had allegedly been convicted of DUI and driving without a license.

The thing is the paper never made this information public. Instead, it verified the information handed to it by a source and then contacted the Marion, Kansas police department.

The second narrative appeared during an interview with the surviving co-owner of the paper, Eric Meyer. This one suggested the raid of the paper’s offices and the home of 98-year-old co-owner, Joan Meyer, were prompted by the paper’s ongoing investigation of Marion police chief Gideon Cody’s misconduct history, which allegedly involved sexual misconduct.

I used the word “surviving” for a reason. Joan Meyer died shortly after suffering through the raid of her paper’s office and the raid of her home. During these raids, nearly every electronic device possessed by Meyer and the paper was seized, including the paper’s servers and Joan Meyer’s personal computer and internet router.

According to what little information was available (including a very noncommittal statement by the Marion PD), the supposed crime was identity theft aided and abetted by unauthorized computer access.

But whatever the real reason for this disturbing abuse of government power, it appears to be headed towards a swift denouement. At least some of this accelerated pace can be attributed to the piqued interest of outside government entities, which arrives on the heels of nationwide coverage.

Outrage from Eric Meyer, the owner and publisher of the Marion Record, appears to have reached the KBI [Kansas Bureau Investigation].

On Wednesday, the law enforcement agency announced in conjunction with the Marion County Attorney that the investigation would continue without the examination of any evidence seized during the raid.

That accompanies a letter sent by the paper’s attorney, Bernard Rhodes — a letter that points out the raids violated the First Amendment, Fourth Amendment, and state laws that protect journalists and their sources.

All of this has added up to Marion County Attorney Joel Ensey announcing that he has formally withdrawn the warrant and has asked for law enforcement to return everything officers seized.

On Monday, August 14, 2023, I reviewed in detail the warrant application made on Friday, August 11, 2023 to search various locations in Marion County including the office of the Marion County Record. The affidavits, which I am asking the court to release, established probable cause to believe that an employee of the newspaper may have committed the crime of K.S.A. 21-5839, Unlawful Acts Concerning Computers. Upon review, however, I have come to the conclusion that insufficient evidence exists to establish a legally sufficient nexus between this alleged crime and the places searched and items seized. As a result, I have submitted a proposed order asking the court to release the evidence seized. I have asked local law enforcement to return the material seized to the owners of the property.

The matter remains under review until such time as the Kansas Bureau of Investigation, the agency now in charge of the investigation, may submit any findings to the office for a charging decision. At such time, a determination will be made as to whether sufficient evidence exists under the applicable rules and standards to support a charge for an offense.

Some good things there. The call for the release of the documents. The call for the release of the seized electronics (albeit on that doesn’t appear to demand law enforcement destroy any copies of data investigators may have made). And the correct call on the incident in question: it appears unlawful, even if the county attorney (for reasons related to his continued employment) isn’t willing (yet) to go on record as calling “unlawful.”

There are some bad things, too. It seems unlikely the KBI will uncover evidence of criminal activity by newspaper staff. But it does allow another law enforcement agency to root around in seized data and try to find some connection between the charge leading to these rights violations, in hopes of turning them into something resembling probable cause.

The county attorney has asked law enforcement to release everything seized. But it’s only a request. That the Marion PD has yet to publicly state it will release the seized devices suggests it’s not nearly as willing to admit it’s in the wrong. Nor is it as willing to make things rights. And that’s going to end up costing county residents their tax dollars, which will be added to the tab already rung up by local cops — one that now includes shattered trust and an extremely damaged relationship with the town it serves.

County Attorney Rejects Warrant Used In Raid Of Small Kansas Newspaper, Asks Court To Force Cops To Return Seized Devices

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The post County Attorney Rejects Warrant Used In Raid Of Small Kansas Newspaper, Asks Court To Force Cops To Return Seized Devices appeared first on Above The Law's Legal Tech Non-Event.

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Morning Docket: 08.18.23 https://abovethelaw.com/legal-innovation-center/2023/08/18/morning-docket-08-18-23/ Fri, 18 Aug 2023 12:55:34 +0000 https://abovethelaw.com/?p=991665 * White House Counsel Stuart Delery is leaving the job next month. Where will the revolving door land? Probably Gibson Dunn. [Law360]

* State judge blocks Texas law that barred Houston -- and only Houston -- from running its local elections after the city started electing Black women. [AP]

* NY Times mulls suing OpenAI to prevent GPT from learning how to compose whataboutism takes that put David Brooks out of a job. [NPR]

* We knew Thomson Reuters planned to buy Casetext for $650 million. It's now official. [Legaltech News]

* Yes, you can lose your job for posting about committing vehicular manslaughter against Black people. [Reuters]

* Supreme Court could improve its legitimacy by hewing closer to rigorous policy analysis. They can't even do rigorous historical analysis, how are they supposed to do rigorous policy analysis? [Milken Institute Review]

* Before getting indicted for joining criminal coup-spiracy, Ken Chesebro was a Larry Tribe research assistant. [ABA Journal]

* EEOC considers renewing race and gender pay reports. Raising concerns about litigation from anti-affirmative action forces who are so sure that discrimination doesn't exist that they don't want anyone checking their work. [Bloomberg Law News]

* Fired attorney calls cops on partner. [Roll on Friday]

The post Morning Docket: 08.18.23 appeared first on Above The Law's Legal Tech Non-Event.

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The White House in Washington DC* White House Counsel Stuart Delery is leaving the job next month. Where will the revolving door land? Probably Gibson Dunn. [Law360]

* State judge blocks Texas law that barred Houston — and only Houston — from running its local elections after the city started electing Black women. [AP]

* NY Times mulls suing OpenAI to prevent GPT from learning how to compose whataboutism takes that put David Brooks out of a job. [NPR]

* We knew Thomson Reuters planned to buy Casetext for $650 million. It’s now official. [Legaltech News]

* Yes, you can lose your job for posting about committing vehicular manslaughter against Black people. [Reuters]

* Supreme Court could improve its legitimacy by hewing closer to rigorous policy analysis. They can’t even do rigorous historical analysis, how are they supposed to do rigorous policy analysis? [Milken Institute Review]

* Before getting indicted for joining criminal coup-spiracy, Ken Chesebro was a Larry Tribe research assistant. [ABA Journal]

* EEOC considers renewing race and gender pay reports. Raising concerns about litigation from anti-affirmative action forces who are so sure that discrimination doesn’t exist that they don’t want anyone checking their work. [Bloomberg Law News]

* Fired attorney calls cops on partner. [Roll on Friday]

The post Morning Docket: 08.18.23 appeared first on Above The Law's Legal Tech Non-Event.

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