08/09/24: Jones Day Partner scoffs at Google antitrust ruling, the GPT wrapper behind new AI, & more
Aug 16, 2024
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A retired partner from Jones Day shares his sharp insights on current legal and tech dilemmas. He critiques the Google antitrust ruling, warning against mishandling evidence in corporate cases. The discourse also delves into a David-and-Goliath trial challenging Thomson Reuters' copyright practices. Additionally, the conversation highlights the rise of 'AI wrappers' in technology and debates their authenticity, while Texas moves towards allowing paraprofessionals to provide legal services, aiming to enhance access to justice.
The podcast discusses the fallout from the Google antitrust case, highlighting issues around evidence retention and the implications for AI development.
The Texas Supreme Court’s approval of non-lawyer legal service delivery marks a significant shift towards enhancing access to justice in the legal system.
Deep dives
Antitrust Implications of Google's Evidence Handling
The discussion highlights a significant antitrust case involving Google, which raised concerns over the company's document retention policies that allegedly deleted crucial employee chats. A judge's opinion pointed out that Google had kept such policies active even after being notified of potential litigation, leading to an investigation into their practices. This situation reveals potential ramifications for the tech industry's approach to data management and evidence preservation, particularly in light of its implications for AI development, as Google's access to proprietary data could greatly influence future models. The conversation emphasizes the need for legal professionals to understand the technological tools available, suggesting that many may still overlook the complexities of modern communication and evidence retention.
Litigation Trends in Legal Tech
The conversation includes insights on the ongoing lawsuit between Thomson Reuters and Ross Intelligence, which centers on allegations of copyright infringement. Ross is accused of improperly using Thomson Reuters' legal materials to train its AI models, thus challenging the company's longstanding claims of copyright in the legal research industry. The lawsuit signifies a turning point where AI technologies and their intersection with traditional legal frameworks are under scrutiny, raising questions about the future of legal research and the balance of power between established players and innovative startups. It underscores the potential for AI to disrupt existing business models and the legal implications of how these technologies are developed and utilized.
Emerging Legal Services in Texas
The preliminary approval by the Texas Supreme Court for new rules enabling non-lawyers to deliver limited legal services marks a progressive step towards improving access to justice. The rules allow designated individuals to provide assistance in specific areas, such as family law and immigration matters, while also enabling them to represent clients in justice court under supervision. This reflects a growing trend where states are experimenting with alternative legal service delivery models to address the challenges posed by unrepresented litigants and the broad rural challenges faced in accessing legal assistance. The conversation highlights how such changes might reshape the legal landscape, providing opportunities for more inclusive service delivery without sacrificing oversight.
The Debate Over AI Tools in Legal Practice
A controversial case in the Netherlands raised concerns regarding a judge's reliance on ChatGPT for determining damages related to solar panel lifespan, which triggered outrage among legal professionals. Critics argue that by using AI for legal decision-making, judges access information not presented in the case, potentially distorting the fairness of proceedings. This instance underscores the growing tension between traditional legal practices and the adoption of AI tools, prompting questions about the reliability and ethical implications of AI in legal contexts. Ultimately, it emphasizes the need for greater clarity and guidelines on how AI can be used responsibly in legal practices, particularly as its capabilities continue to evolve.
Each week, the leading journalists in legal tech choose their top stories of the week to discuss with our other panelists.
This week's topics:
00:00 - Introductions
04:30 - Maybe Don't Tweet That Destroying Evidence Subject To Lit Hold Is A Good Idea? Retired Jones Day Partner scoffs at Google anti trust ruling (selected by Joe Patrice)
13:52 - David v. Goliath Trial Begins this Month in Case that Challenges Thomson Reuter’s Longstanding Copyrights in Legal Research Materials (Selected by Bob Ambrogi)
20:55 - Delta v. CrowdStrike and Microsoft should make for one hell of a lawsuit (Selected by Stephen Embry)
27:00 - ChatGPT Wrapper' Is This Year's Hottest Snub—But Why? (Selected by Stephanie Wilkins)
42:25 - Texas Supreme Court Preliminarily Approves Delivery of Legal Services by Licensed Paraprofessionals (Selected by Bob Ambrogi)
47:20 - Dutch Judge’s Use of ChatGPT Prompts Outrage, Disbelief in the Netherland (Selected by Stephanie Wilkins)
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