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Technology

A Legislative Foundation for Foundation Models

Artificial Intelligence (AI) is not some futuristic technology—it exists in everyday products like your Uber app or the Siri voice on your nightstand. Its development is meteoric; foundation models are the latest AI advancement. These models are a type of AI that not only produces a range of products

Cryptocurrency Meets Bankruptcy Law: A Call for Creditor Status for Investors in Initial Coin Offerings

In 1973, experts Homer Kripke and John J. Slain published a seminal study titled The Interface Between Securities Regulation and Bankruptcy—Allocating the Risk of Illegal Securities Issuance between Securityholders and the Issuer’s Creditors. That lengthy analysis, contributed by, respectively, a former Securities and Exchange Commission official and a

Predicting Chapter 11 Bankruptcy Case Outcomes Using the Federal Judicial Center IDB and Ensemble Artificial Intelligence

In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and

Automatically Extracting Meaning From Legal Texts: Opportunities and Challenges

This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and illustrates how some currently available commercial applications employ or combine them. It then examines how well the text analytic techniques can answer legal questions given some inherent limitations in the technology. In more detail,

Where Do We Go From Here? Transformation and Acceleration of Legal Analytics in Practice

The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there

The Model Rules of Autonomous Conduct: Ethical Responsibilities of Lawyers and Artificial Intelligence

Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today

Automation & Predictive Analytics in Patent Prosecution: USPTO Implication & Policy

Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information asymmetry between inventors and patent examiners is expanded by artificial intelligence, which transforms the inventor– examiner interaction to machine–human interactions. In response to automated patent drafting, automated office-action responses, “cloems” (computer-generated word permutations) for defensive patenting,

Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model for the 21st Century Legal Professional

The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for