Nicola Shaver

A new LTH Product Briefing dropped this morning! Often, these serve to demonstrate a new product, or a new release or feature from an established provider. Sometimes they highlight services offered to the market. Cognia Law, an alternative legal services provider, offers both, and COO Peter Hall highlights how Cognia's contract management solution helps legal departments simplify and standardize the contract management process for busy and overwhelmed legal teams, often leveraging Cognia's proprietary contracting platform. The result? 💥 Streamlines contract workflows, 💥 Reduces complexity, 💥 Enhanced visibility, 💥 More effective and efficient contract management, and 💥 More cost-effective operations. Read more about this unique offering in the LTH Product Briefing linked below, and make sure to scroll down to see the associated demo video. #legaltech #contracting #contractservices #corporatelegal Janet Taylor-Hall https://lnkd.in/e2ukXaM8

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🔎 Quick highlights from the draft of the American Privacy Rights Act (APRA) ➡ Covered data is now defined as "information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked or reasonably linkable to 1 or more individuals." ➡ APRA covers data that can be derived or inferred. Currently, only California and Oregon address this. ➡ APRA uses "Individuals" instead of "Consumers" (which most state privacy laws use Consumers). The devil is in the definition 👿 ➡ APRA's applicability extends beyond the business-to-consumer context and includes nonprofit organizations. ➡ Exemptions are provided for government entities and their service providers, small businesses with less than USD40 million in rolling three-year average gross revenue that handle the data of fewer than 200,000 individuals or do not broker data, and publicly available information. ➡ Employee information exempt to the extent it is provided for publicly available "business contact information" that is made available on a website or online service to all members of the public, including the name, position or title, business telephone number, business email address, or address of the employee. #privacy #APRA #dataprotection #individuals #employees #organizations #smallbusinesses #governmententities #publicinformation

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When AI is trained with unlicensed copyrighted material, the question of infringement versus fair use remains unresolved. Many copyright holders assert that this use violates their rights, and are litigating to address the issue. In light of this, is it premature to require AI companies to disclose which copyrighted works are used to train their generative AI systems? #ai #trainingdata

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I'm working on a presentation and asked Chat to generate a picture of something I always consider when developing an IP portfolio; "The Corner of IP and Business." It is impossible to divorce the two while laying out the roadmap for a strategically developed IP portfolio. And...there is the product Chat gave to me..... #StrategicIPDevelopment #StrategicPatentPortfolio #IPPortfolio #PatentPortfolio #TechLawyer

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BREAKING NEWS: Latest status report on copyright lawsuits v AI companies. 📰 4 new lawsuits = 24 total lawsuits May 8 hybrid hearing on MTD in Andersen v Stability AI: you can attend via Zoom 🏎️ Link in article below 👇🏽 Judge Tigar cancels hearing on MTD in Doe 1 v Microsoft. Who does that favor?

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From press releases to trade shows to many (many!) product demos in legal tech---retrieval augmented generation (RAG), shows up as a solution for LLMs’ hallucination problem. For technologists, RAG is a little more nuanced than that. It can be a useful mechanism for reducing hallucinations, but it’s not a permanent solution for every type of AI tool, and often shows up in different ways depending on implementation, they told Legaltech News. Basically, while shopping for generative AI tools in legal, understanding what RAG is beyond marketing jargon, and digging further into the capabilities specific to each relevant product may prevent expensive headaches down the line, experts said. Read more below. For Legaltech News

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Good read on increasing prevalence of acqui-hires (i.e. transaction focused on acquiring key employees rather than business/assets) and increasing global regulatory scrutiny on it (as potentially circumventing antitrust laws). Key point from our end as TMT/IP lawyers - acqui-hire transactions focus on either: - asset sale - i.e. buyer only acquiring certain assets (in particular, IP) and limited liabilities, with no interest in acquiring the entire underlying business as a going concern; or - if no IP is acquired - buyer procures licence to all of seller’s IP. Given LLMs cost $$$$$ to develop, not surprising that lucrative offers that (1) offer an exit for existing investors (via asset sale or licensing fees) and (2) gives founders/key employees a lucrative exit (to new roles in buyer's organisation) - can be very attractive. But despite the lower up-front price tag - there's a lot of complexities regarding these transactions. Quick check list for both sides: For buyers: - Will acquisition deliver expected value - in particular, will key talent will stay post-acquisition? - How to measure ROI? - Impact on existing employees and staff retention, including additional compensation? For targets: - What IP is being included, and is it being sold or licensed? - What happens to ongoing projects (and other opportunity costs) if staff / IP exits? - What about obligations and staff that remain? - What about existing investors - eg does licensing fee lead to their exit? Interesting to see whether this trend continues to develop and multiply, as investors become more risk-adverse re AI investments. #AI #corporate #LLM #digitaleconomy #technology #wsj

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🎙️ Carla Kim shared insights with Managing IP on the key IP trends to watch in 2025. From #USPTO fee increases to the potential impact of #AI on patent applications, check out Carla's predictions in "Eyes on 2025: AI, Filing Fees, and a ‘Power Grab’." 🔗 https://gag.gl/xqz8vw #Patents #IntellectualProperty

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I just read a great article by Eric Dodson Greenberg in Bloomberg Law and wanted to amplify its message here. It elegantly highlights how AI can liberate legal professionals to focus on what truly matters: the human aspect of our practice and delivering impactful value to our clients on strategic legal issues. Rather than replacing sound legal judgment, AI can help — and already is helping — streamline areas of our practice like the ones below. 1. E-billing and spend management: AI can streamline bill review, help acclimate outside counsel to key guidelines, and assist in enforcing them. 2. Contract negotiations: AI can apply the full force of an organization's particular best practices and past experiences to each deal. 3. Weighted-impact risk assessments: Predictive analytics can assess the probabilities of complex risks like litigation for a more sophisticated response. Of course, as Eric writes, “Technology advances the tools of our craft, but the heart of legal work — analysis, intuition, and creativity — remains resolutely human.” #legalops #legaltech #inhousecounsel https://lnkd.in/g_TiqMu3 

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Join Director Lestin Kenton at The AI Strategy Summit: IP, Data and Compliance, hosted by CenterForce USA on May 22, 2024, in Palo Alto, CA. Lestin is a speaker on the "Navigating Intellectual Property Challenges in AI-Driven Innovations" panel. Register here: https://lnkd.in/e-tXxeT8 The panel will discuss: 1️⃣ AI as Inventor: Legal Implications and Future Directions 2️⃣ Ownership and Licensing Strategies for AI-Generated IP 3️⃣ Harmonizing Global IP Laws for AI Innovations Don't miss out on this insightful discussion! #AI #IntellectualProperty

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On Monday, May 13, 2024, as a part of our Patent Litigation program we held a panel titled "Patent Litigation Perspectives: Where We Stand Now." Co-moderated with Scott McKeown of Wolf Greenfield, our conversation was with Judge Pauline Newman, Chief Judge Paul Michel (ret), and Chief Judge Randall Rader (ret). A great deal has changed with respect to U.S. patents over the two generations. The United States transitioned from a system where far fewer patents were sought and where courts rarely, if ever, saw a patent they thought was valid and enforceable, into a patent system where patents were an extremely valuable asset backed by a Federal Circuit that was not afraid to find patents valid and infringed. There is little doubt that the golden era of patents in the United States is over, with the landscape today looking much more like it did in the late 1970s before the creation of the Federal Circuit. This is driving far greater interest in patent systems around the world, investors to back startup companies and SMEs outside the U.S. at greater levels than ever before, and patent enforcement disputes to move outside the United States in search of fairer treatment and the possibility of injunctive relief in the event a valid patent is found to be infringed. What does this mean for the future of the U.S. patent system? Where do we stand now and where are we heading? These questions will be addressed by long serving jurists who can offer the perspective few have. #ipwatchdog #patentlitigation #patent #patents #federalcircuit #cafc

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I found this Littler article regarding the Supreme Court’s decision in Loper Bright and its impact on potential federal legislation regarding AI. It's interesting in light of advanced efforts at the state level (e.g., in Colorado and, to an extent, California) that would seemingly withstand some of the non-delegation concerns raised in Loper Bright. Worth a read. https://lnkd.in/dj_E2ipA #ai #artificialintelligence #ailaw #loperbright #technology #techlaw #tech #regulation #policy #sb1047

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Mark your calendars for Jan. 14, 2025, 10:30AM EDT. Judge Sydney Stein is allowing the audio webcasting of the oral argument in New York Times v. Microsoft, OpenAI for the motions to dismiss. It includes the DMCA claims, but not the direct infringement claims (beyond what is asserted as time-barred). You can see the scope of what defendants seek to dismiss in the link below. You need Microsoft Teams (no irony intended)! For the MS Teams call-in number, visit here: https://lnkd.in/g2PNn_m4

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Interesting read. #patentprosecution #USPTO #techlawyer

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Recently at 4am, after an hour of failed attempts to settle my new(ish)born son, I tried something I wasn’t entirely convinced would work: light taps on his stomach, which to my surprise (and slight irritation), it worked. It made me think: could AI do the same? Could it offer small, lightly held ideas, things that might work rather than striving for perfect, polished answers every time? In legal tech, that could mean unlocking possibilities we might otherwise miss. In the article, I explore: - How AI could surface tangential insights, like subtle risks or unexpected precedents. - What “lightly held ideas” mean for contract drafting, due diligence, and legal research. - How embracing ambiguity could make AI a better brainstorming partner. If you’ve ever found inspiration in the smallest of things (or at 4am) then hopefully you'll find this useful. #legaltech #ai #lightlyheld #genai #lawtech

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On April 8, 2024, the New York State Bar Association released its own report and recommendations on the use of AI by lawyers. Among those instructive recommendations is a direction for lawyers to avoid sharing client personal information when using certain generative AI tools. The report also recalls that “when using ChatGPT or other similar AI tools, attorneys must verify the accuracy of the information and legal authority produced by such tools.” This is a direct reference to the recent Avianca case where a Californian law firm was fined for having “submitted non-existent judicial opinions with fake quotes and citations created by *** ChatGPT”. It is important to stress that the report offers no conclusions since AI continues to evolve. This shows how quick is the pace of innovation in the AI field.  This also shows how realistic and reasonable lawyers are!

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A strong word of caution to my students and others using Generative AI generally and Westlaw in particular. Companies are always going to oversell their products; and regulatory agencies are always going to be playing catch-up. It is up to you to use critical thinking and due diligence when using AI.

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