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Legal Tech: TAR As a Reincarnation of Human Review
The legal field has been inundated with various types of Artificial Intelligence (AI) technology that have promised to revolutionize the industry. From document review to predictive analytics and decision-making tools, there is no shortage of AI tools available. The recent public debut of ChatGPT and GPT-4, while fueling excitement about the future of AI, has only added to the confusion to those of us in the legal industry, leaving many unsure of its implications for litigation and law practice in general. For definition purposes, "litigation" will encompass legal practices that involve the review of data or material information in responding to an internal or external investigation, and/or traditional civil or commercial litigation matters.
This article seeks to provide clarity and context on the different types of AI available in the legal industry today and how the new GPT technology fits into that landscape. More importantly, it will illustrate the potential impact of the next generation of AI on litigation and legal practice as a whole. Understanding the capabilities and limitations of these new AI tools will be helpful for lawyers and legal professionals looking to improve efficiency in advising and supporting their clients. In essence, AI has the potential to learn how we communicate and become a virtual assistant in the practice of law.
Where AI Is Today In Litigation
The first generation of AI tools in litigation for TAR were based on supervised machine learning algorithms that have been in existence since the 1970s. Machine learning-based tools can make predictions following training, but they start training from scratch on every new case. Due to the inherent limitations of these models, they are trained from limited information, e.g., example documents paired with tags assigned by human reviewers. And while, over time, improvements like active learning have been added, branding them TAR 2.0, these improvements did not fundamentally change the learning algorithm or the information that they learn from.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?