Technically Legal - A Legal Technology and Innovation Podcast

In this episode Nick Rishwain discusses decentralized autonomous organizations (DAOs). Nick, a participant in several DAOs including Cougar DAO and TaterDAO, shares insights into the world of DAOs and their unique features. A DAO is a type of organization that operates on a blockchain, where members own tokens instead of shares and use these tokens to vote on actions the DAO will take. DAOs aim to achieve a common goal without relying on traditional business entity structures. However, DAOs can be complex and present legal challenges due to their decentralized and distributed nature. Nick explains that while DAOs have gained popularity in the crypto and blockchain space, it’s important to consider the legal implications and potential liabilities associated with participating in a DAO. He emphasizes the need for careful evaluation and choosing the right DAO legal structure, such as forming an LLC, to mitigate risks. Nick also discusses LexDAO, a legal engineering guild that fosters collaboration between lawyers, engineers, and other professionals interested in improving the legal system through code and software. LexDAO provides resources, community engagement, and advocacy for legal innovation. The podcast episode concludes with Nick sharing his experience with CougarDAO, formed to acquire real estate–specifically Cougar Island in Idaho. That deal did not come to fruition so the DAO bought property in Colorado, Memphis and most recently in Arizona. Because DAO legal frameworks are still in their infancy, Cougar Dao operates as a member-managed LLC with a code deference agreement that links the LLC’s activities to a DAO on the Kali platform. Overall, the discussion provides valuable insights into the world of DAOs, their potential benefits, and the legal considerations associated with participating in these decentralized organizations.

Brandon Wiebe, General Counsel and Head of Privacy at Transcend, offers tips about implementing data governance frameworks and how to utilize software in the process. Brandon’s company is a privacy platform that helps legal and compliance teams automate data compliance tasks. Brandon explains that most data privacy laws, like the General Data Protection Regulation (GDPR) in the EU and U.S. state laws like the California Consumer Privacy Act (CCPA), generally require similar things of companies: notice at the time of customer data collection implementation of data security obligations that companies have a lawful basis for collecting information and that use of the information is consistent with the companies stated purpose for collecting it individuals have the right to opt out of data sale or sharing. Despite the many data privacy laws already enacted and new ones on the horizon, Brandon is quick to emphasize that data privacy teams should not let perfect be the enemy of good. They must get started somewhere in their data privacy policy journey. He says the best place to start is an organizational data map detailing all the places in a company’s tech stack holding data subject to privacy regulations. Once a company has its data mapped, it can more easily comply with customer requests for information as permitted under data privacy laws and can also ensure it is not keeping more data than needed. Brandon also touches on why AI can complicate data privacy efforts, but also notes that artificial intelligence can also assist with data privacy efforts.

tlpodcast.com/why-the-ftcs-yolo-antitrust-strategy-against-amazon-may-not-actually-be-good-for-competition-adam-kovacevich-ceo-chamber-of-progress/Adam Kovacevich, the founder and CEO of the Chamber of Progress, explains why he thinks the United States Federal Trade Commission’s recent efforts to curb what it believes to be anti-competitive activity by large tech companies may not actually foster competition and could impact innovation. Most recently the FTC has targeted Amazon to reign in what the FTC perceives to be anti-competitive power over online sales and fulfillment. The Chamber of Progress describes itself as a new tech industry coalition devoted to a progressive society, economy, workforce, and consumer climate. The organization promotes public policies that “build a fairer, more inclusive country in which all people benefit from technological leaps.” The New York Times describes it as “one of the most powerful tech lobby groups”. Adam and the Chamber of Progress believe that the FTC’s change in philosophy under its current chairperson, Lina Kahn, could stifle technology innovation and actually harm consumers and sellers on the Amazon Marketplace. Under Chairperson Kahn, the FTC’s focus is less on the impact a company’s market power has on the consumer (i.e. pricing) and more on the structural and market power tech companies have over their respective industries. Prior to founding the Chamber of Progress, Adam worked at Google for many years as a Senior Director for the company’s US Policy strategy. After Google he took a similar role at Lime-the e-bike and scooter company. Right out of college he was a staffer for his local congressman and ultimhttps://tlpodcast.com/?p=6857ately handed press duties for Senator Joe Lieberman.https://tlpodcast.com/?p=6857

Vivek Rao, Co-Founder & CEO of Foundation AI, discusses how the app automates document processing for law firms using AI, OCR, and computer vision. The speaker shares their journey from law school to technology and AI, and explores the challenges of going paperless in the workers' compensation system. They also delve into the difficulties in document classification and workflow, the intersection of AI and healthcare, and the journey of starting an AI company.

https://tlpodcast.com/why-effective-legal-operations-management-is-good-for-business-and-frees-up-lawyers-to-practice-law-stephanie-corey-liz-lugones-uplevel-ops/UpLevel Ops Founder Stephanie Corey and COO Liz Lugones visit the podcast to tell us why a good legal operations program is a crucial to managing the business side of law, so lawyers can focus on practicing law. Stephanie and Liz break down what legal ops is and what it entails. They say it boils down to managing the business aspects of law–from the people and processes to the technology used. Stephanie and Liz also fill us on why the right people in the right roles improves efficiency and productivity and how well-defined processes can help ensure that everyone knows what they need to do and when. Liz and Stephanie also emphasize that organizations just can’t just throw tech at a problem to fix it. To make any improvement in legal operations, whether it be adding technology or tweaking a process, the first step is understanding the current state of what is being improved, specific legal department needs and the needs of the clients it serves. They explain why legal ops is not not a one-size-fits-all approach, and that tailoring solutions is crucial. To figure out what their clients need, UpLevel uses thorough assessments to understand the current environment of a legal department and its goals and current processes. The episode closes out with a discussion about why legal operations is an ongoing process rather than a one-time project and the importance of being ready to adapt and evolve as needs change.https://tlpodcast.com/legal-operations/

Chad Sakonchick is a serial entrepreneur. After a stint selling computers for Dell, he launched his first technology company: an early SaaS platform that allowed users to easily create websites. From there, he launched an app that took online orders for food truck owners and then he launched Spacesift, which he describes as Airbnb for event spaces. Spacesift did fine, but he didn’t find startup traction until a few years ago when he convinced a lawyer buddy to let him automate the creation of LLC documents. Using automation apps like Zapier, project management software like Asana and online form apps like Webmerge, Chad built the automation and his friend loved it. It worked so well, the two decided to launch BetterLegal and while they have graduated to a more sophisticated backend, as we will hear, they are still building the company on a low/no-code philosophy using platforms like Bubble. After hearing Chad’s backstory, you would think he most certainly would end up pursuing a career in law. While in college at the University of Texas he worked as a paralegal at his dad’s law firm. After that, he landed a job with an early legal tech company that digitized deposition transcripts. But alas, his heart was not in pursuing a career as a lawyer. His passion is entrepreneurship.

Legal technology guru Adriana Linares visits Technically Legal to discuss the the tech and software law firms (and all legal teams really) should be using to run a successful legal practice. Adriana is a legal tech OG. Fresh out of college in the late 90s, a large Florida law firm hired her to train its lawyers on how to use technology and to help the firm figure out what tech to buy. Fast forward to the early 2000s, and she started her consultancy LawTech Partners to help legal professionals use technology to maximize their skills, run profitable businesses, and deliver great client service. At a minimum Adriana advises that lawyers and their teams utilize at least three specific pieces of software: 1) A productivity suite like Microsoft 365; 2) a PDF tool; and 3) case management software. Adriana explains the differences between case management software, document management platforms, and practice management software. She also touches on the importance of document assembly software and how to maximize the use of data captured during the various stages of a legal matter. She closes out the discussion explaining why many in legal are missing out when they don’t use CRMs–Client and Customer Relationship Management platforms.

Professor Richard Jolly of Northwestern University’s Kellogg School of Management and a co-founder of the Stokes Jolly consultancy visits Technically Legal to discuss the importance of motivating legal organizations to change even when they are resistant to do so. Professor Jolly also shares stories from his experiences as a chef and a psychotherapist and explains how he draws upon them in his organizational and executive consulting practice. Professor Jolly also discusses the common psychological make-up of lawyers such as high skepticism and frequent reluctance towards change. These traits remind him of an essay by Philosopher Isaiah Berlin called the Hedgehog and the Fox, which is a reference to an idea from the Greek poet Archilochus: “a fox knows many things, but a hedgehog knows one big thing”.  Applying it to the legal profession, Professor Jolly explains that legal subject matter experts are like hedgehogs with deep expertise in one area, but in a rapidly changing world, the ability to adapt like a fox is increasingly important. Traditional law firms are full of hedgehogs, but organizations such as startups lean more toward foxes because they are better at adapting. The pandemic has accelerated the pace of change, and law firms need to be open to these changes to survive and thrive. Along those lines, Professor Jolly points out that education and training of young lawyers is more important now because of remote work and the new generation of lawyers want to practice differently than their older colleagues. Specifically, his research has shown that most new lawyers do not plan on spending a whole career at a single law firm. He also points out that law firms may have to adapt to the new reality that more work may have to be done by partners because associates are increasingly harder to come by.

In this episode, Emily Witt discusses how to transition from law firm life to in-house legal work in the tech industry. Emily is a legal recruiter with Whistler Partners specializing in health law, life sciences and tech. She is also a podcaster and hosts Beyond the Legal Lens which focuses on career advancement and how to get jobs in health law and tech. Before she joined Whistler Partners, Emily worked as a recruiter for the Wachtell Lipton law firm in New York, but she did not have aspirations to get into legal recruiting right out of college. Her career path took some twists and turns. After receiving an English degree from Colgate, she thought she wanted to be a journalist, but ended up finding a career in publishing. However, her publishing stint ended when she headed out on a European vacation. When she came back, Emily started trying to figure out what she wanted to do professionally. Around this time, she found a new rock climbing partner who was a lawyer at a large New York law firm. Her climbing partner suggested she look into legal recruiting. The twists and turns of Emily’s career ultimately informs the advice she gives to candidates searching for a job with a tech company after working at a law firm or in a different industry. She explains that to find a job with the legal department at a tech company, you need to be flexible. Specifically, she says you need to be willing to jump to a different firm if you are not getting the type of experience that tech startups are looking for. She also says it is important to work for a firm that is already servicing technology companies. Emily also recommends networking through LinkedIn, social media, and listening to relevant podcasts to find an in with a tech company.

Do AI developers need permission to use copyrighted works and other IP before using it to train artificial intelligence? Professor Mark Lemley of Stanford does not think so. He believes using copyrighted works to train AI should fall under the fair use exception to copyright law. Professor Lemley is the Director of the Stanford Program in Law, Science and Technology, an author of seven books and more than 130 articles on intellectual property, antitrust and related areas of the law. He is also a co-founder of Lex Machina and most recently Of Counsel to Lex Lumina, a boutique IP law firm. Professor Lemley argues that AI companies should be permitted to use copyrighted works to train AI models without first getting permission from owners because of the benefits AI will yield and the impossibility of tracking down millions of copyright owners to get permission. He also believes that it is a fair use for AI developers to use works protected by intellectual property laws to train artificial intelligence models because such a use is transformative and the more data available to the AI, the more accurate it will be.