October, 2019

A Sad State of Affairs: Senator Wyden’s Secret Hold on CASE Act Comes to Light

Music Technology Policy

Karl Herchenroeder reports in Communications Daily that Oregon Senator Ron Wyden has placed a “hold” on the CASE Act (the legislation creating a copyright small claims court), which essentially stops it from moving forward. We had heard this hold was in place long ago, and Rep.

Floors 112

Oldies and Goodies

Gordon P. Firemark

The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at www.entertainmentlawupdate.com/113. California Governor signs two controversial bills affecting entertainment and sports BILLIONS LAWSUIT BEATEN BY SHOWTIME ORAL ARGUMENTS HELD in LED ZEPPELIN STAIRWAY TO HEAVEN CASE PARKER V.

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Trending Sources

SMU Law Review's Free Speech Symposium: The 100th Anniversary of Schenck and Abrams @SMULawReview @SMULawSchool

Media Law Prof Blog

The Southern Methodist University Law Review has published scholarship from its recent Free Speech Symposium in its current issue. Read the articles online here. A great line-up of authors! Lackland H. Bloom, Jr., The Lessons of 1919 Dale Carpenter, Born

Ransomware Attack Reportedly Hits Practice Management Company, Locking Lawyers Out of their Case Files

Media Law

The case management software company TrialWorks was reportedly hit by a ransomware attack, shutting down its platform for at least four days and locking some lawyers out of their case files. According to the TechBento blog, the attack started last Sunday and lasted at least through yesterday.

Joe: Why Is GOP Trying To Track Down Whistleblower Identity? | Morning J.

Communications And Entertainment Law Blog


Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital Data Collected in Today’s World

New Media and Technology Law

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and seizure that implicates the Fourth Amendment, regardless of any reasonable expectations of privacy. Mobley v. State , No. S18G1546 (Ga. 21, 2019)).

20 Questions Sidebar: “Frozen Mechanicals” and The Importance of Advocacy

Music Technology Policy

There is a certain Truman Show aspect to songwriter royalties–the government sets the royalty rates, not arms length negotiation.

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@artistrights: As Predicted, Google Refuses to Comply with EU Copyright Directive #ThisIsWhatMonopolyLooksLike

Music Technology Policy

Journalist enemy #1. The first time I met with the French Minister of Culture, we met at their offices at the historic Palais-Royal complex which is also home to the Comédie-Française, the oldest active theater group in the world (founded in 1630). The French take their culture very seriously.

UK Official Investigating PledgeMusic Directors, Asks the Public for Information

Music Technology Policy

Don’t believe the headlines–just because there’s no money for artists from the PledgeMusic bankruptcy does not mean that the story is over. It just means that justice is going to take longer.

In Move to Enhance Access to Justice, Oregon Bar OKs Licensed Paralegals and Bar Admission without Law School

Media Law

Oregon has taken two major steps towards enhancing access to justice in the state, as the Oregon State Bar’s Board of Governors has voted to approve a recommendation to create a paraprofessional licensing program in the state and another to enable individuals to become licensed lawyers without attending law school, by completing a four-year tutelage program. At its meeting Sept. 27, the OSB’s Board of Governors (BOG) voted to approve the two recommendations. In both cases, the approvals mean that the bar will initiate further actions to develop more-detailed plans and regulations for implementing the recommendations. Ultimately, both programs will require approval by the Oregon Supreme Court before becoming final. With regard to paraprofessional licensing, the BOG will now appoint an implementation committee to plan for the establishment of the program. With regard to the bar admission program, called Writing for the Bar, the BOG will forward the recommendation to Oregon’s Board of Bar Examiners with a request that it take the steps necessary to establish the program. Kateri Walsh, the OSB’s public relations manager, told me that the bar plans to act quickly to convene the implementation committee, with initial appointments and timing to be announced as early as next week. Paraprofessional Licensing. The recommendation for the paraprofessional licensing program (which can be found at page 111 of the BOG’s agenda ) stems from a June 2017 report of the OSB Futures Task Force, which called for establishment of a program for licensure of paraprofessionals who would be authorized to provide limited legal services, without attorney supervision, in family law and landlord-tenant matters. “The most compelling argument for licensing paraprofessionals is that the Bar’s other efforts to close the access-to-justice gap have continued to fall short,” said the Futures Task Force report. “We must broaden the options available for persons seeking to obtain legal services, while continuing to strive for full funding of legal aid and championing pro bono representation by lawyers.” The program would be similar to Washington state’s limited license legal technicians (which I wrote about in depth in 2015 in the ABA Journal ) and Utah’s licensed paralegal practitioner program. As proposed to and approved by the OSB BOG, the Oregon program would allow licensed paraprofessionals to prepare and file documents in certain family law and landlord-tenant matters, provide information and advice relating to those matters, communicate and negotiate with the opposing party, and provide emotional and administrative support to the client in court. Licensed paraprofessionals would be required to comply with rules of professional conduct, meet CLE requirements, carry malpractice insurance, and use written fee agreements disclosing the limited scope of their services. This is the second time the BOG has voted to approve an implementation committee for this program. After the BOG appointed an implementation committee in 2017, several board members expressed concern about moving forward without first seeking member feedback. According to the report submitted last week, when OSB staff sought feedback on an ad hoc basis, they found that, while some bar members, such as legal aid lawyers and many judges, support licensing paraprofessionals, many others strongly oppose the idea. “It is worth noting that the two states with some type of limited scope license for the practice of law have adopted those programs only after pressure from either their supreme court or state legislature,” the report noted. Writing for the Bar. The Writing for the Bar Program would allow individuals to sit for the bar exam and be licensed to practice without having to attend law school, with the goal of reducing law school debt and enabling more people — and a greater diversity of people — to enter the practice. Under the program as proposed (starting at page 114 of the agenda ), an applicant for the bar would be required to have at least a bachelor’s degree, be of good moral character, and complete a four-year tutelage program. During the four-year program, the applicant would have to work under a tutor, at least 32 hours a week, in a law office, legal department or court. The tutor would be required to provide instruction on certain specified subjects. The recommendation for the program came from the November 2018 report of the OSB’s Alternative Pathways Taskforce Committee (which starts at page 115 of the agenda). Last week’s approval by the BOG means that it will forward the taskforce report to Oregon’s Board of Bar Examiners with a request that it take the steps necessary to establish the Writing for the Bar Program. Ultimately, the program would require the approval of the Supreme Court. Other states that allow bar admission for individuals who have not completed a full three-year course at an accredited law school are California, Maine, New York, Washington, Vermont and Virginia.

IP Docketing Company Alt Legal Makes An Acquisition and Announces Its First User Conference

Media Law

Alt Legal , the cloud-based, intellectual-property docketing software company, has acquired MarkTend , a trademark docketing and monitoring software, for an undisclosed price.

Southern Methodist Law Review Forum Open For Responses To Law Review Articles: Engage In the Dialogue! @SMULawReview

Media Law Prof Blog

The SMU Law Review Forum is inviting responses to its latest issue, The Free Speech Symposium, or to any specific article in it, from interested readers. The editors have made submission links available here. link] [link

University of Illinois Claims NPR Reporters Are U Employees For Purposes of Title IX Reporting; ProPublica Rejects Claim

Media Law Prof Blog

ProPublica has responded to a claim from the University of Illinois (Springfield) that NPR Illinois reporters who also report for ProPublica are considered mandatory reporters under a relevant Illinois statute and must turn over information they uncover during sexual harassment


Day on Monopolizing Free Speech

Media Law Prof Blog

Gregory Day, University of Georgia, C. Herman and Mary Virginia Terry College of Business, is publishing Monopolizing Free Speech in the Fordham Law Review. Here is the abstract. The First Amendment prevents the government from suppressing speech, though individuals can

Strasser on Pickering, Garcetti, and Academic Freedom @CapitalLaw

Media Law Prof Blog

Mark Strasser, Capital University Law School, has published Pickering, Garcetti, and Academic Freedom at 83 Brooklyn Law Review 579 (2018). Here is the abstract. While the United States Supreme Court long ago recognized that individuals do not lose their free

After Sale of His Company, Catalyst Founder Forms Foundation to Promote Open Source Software in Law

Media Law

John Tredennick , the Denver lawyer who founded the e-discovery company Catalyst Repository Systems in 2000 and sold it earlier this year to OpenText for $75 million, has now announced the launch of the Merlin Legal Open Source Foundation , a nonprofit corporation that seeks to improve access to justice and make legal and regulatory compliance more efficient through the use of open source software. “Open source has revolutionized the way software is developed worldwide,” Tredennick, who will serve as executive director, said in a statement announcing the foundation. “It represents a new and powerful alternative to proprietary software and has great applications in legal.” Disclosure: I serve on the Merlin advisory board and formerly worked as a consultant with Catalyst when Tredennick was CEO. John Tredennick. The Merlin Foundation plans to achieve its mission, Tredennick says, by: Fostering worldwide education about the advantages of open source software. and secure cloud computing. Providing a central platform for legal professionals to collaborate on open. source development projects. Distributing open source software under free licenses to individuals and organizations around the world for legal and regulatory compliance processes. The foundation will develop a central repository of active legal open source projects and provide a home for legal technologists to collaborate on software that will benefit both the legal profession and those who need legal services at an affordable price, Tredennick says. Lew Visscher , former chief financial officer at Catalyst, will be CFO for the foundation. In addition, Merlin has begun to form an advisory board composed of a number of well-known legal technology professionals. “We hope to recruit in Asia Pacific and Australasia as well in the next few months,” Tredennick says. “We are actively looking for great people to join our cause.” Separately, Tredennick recently launched a company, Merlin Digital Magic , devoted to developing secure, cloud-based software to help corporations and law firms improve legal processes and automate compliance efforts.

20 Questions for New Artists: Performing Rights Organization Affiliations

Music Technology Policy

There is a bit of strategy involved with affiliating with a performing rights organization in the United States. All the societies have a creative staff. The decision to affiliate with a particular society should be made after the artist/writer has taken some meetings with the performing rights society and decided if there’s more love coming from one than another.

Je me souviens…

Music Technology Policy

Uncategorized Charlie Hebdo ISIS


Kendrick on The Book Has Two Faces: Trevor Ross's Writing in Public @lckendrick @uvalaw

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, is publishing The Book Has Two Faces: Trevor Ross's Writing in Public: Literature and the Liberty of the Press in Eighteenth Century Britain in Critical Analysis of Law: An International & Interdisciplinary

Elau on the Laws Impacting on Freedom of Expression in Uganda, 2019 @elauemm

Media Law Prof Blog

Emmanuel Elau, Uganda Christian University Faculty of Law, has published The Laws Impacting on Freedom of Expression in Uganda, 2019. Here is the abstract. Freedom of expression in Uganda is a fairly contentious area. The Constitution of Uganda, 1995 provides

Arizona Task Force Calls for Wide-Ranging Practice Reforms, Including Eliminating Ban on Nonlawyer Ownership

Media Law

With the goal of narrowing a growing justice gap in the state, an Arizona task force has called for fundamental changes in the regulation of legal services, including eliminating the ban on nonlawyer ownership of legal practices, loosening restrictions on lawyer advertising, and expanding the ability of nonlawyers to directly deliver legal advice and assistance. But a dissenting member of the task force took issue with key recommendations, arguing that the solution to the access-to-justice problem is not to create “new industries that will continue to consume the public’s money,” but rather to create a court system that is “simpler and more efficient” for the average citizen. In calling for elimination of the ban on non-lawyer ownership, the Arizona recommendations are similar to those made recently by a task force in Utah , where the Supreme Court approved the recommendations and ordered that steps be taken to implement a new regulatory structure to oversee alternative legal services providers. Related: LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services. A California task force has also called for such changes. In its report issued Oct. 4 , the Arizona Task Force on the Delivery of Legal Services made a series of recommendations intended to address the state’s gap in access to justice. The most significant would be elimination of the professional-conduct rules that prohibit lawyers and nonlawyers from co-owning businesses that engage in the practice of law. The prohibition on partnering with nonlawyers “was not rooted in protecting the public but in economic protectionism,” said the report, which went on to say that there is no evidence that such partnerships harm the public. “The legal profession cannot continue to pretend that lawyers operate in a vacuum, surrounded and aided only by other lawyers or that lawyers practice law in a hierarchy in which only lawyers should be owners,” the report said. “Nonlawyers are instrumental in helping lawyers deliver legal services, and they bring valuable skills to the table.”. In calling for elimination of the ban on nonlawyer ownership, the task force stopped short of making a recommendation on how such entities should be regulated. While Utah is beginning work to create a new regulatory body to oversee nontraditional legal services providers, the Arizona task force said it did not have time to explore in detail the advisability of such regulation. Rather, it recommended that the state should explore that concept going forward. The task force also called for development of a tier of nonlawyer legal service providers, or “limited license legal practitioners,” who would be qualified by education, training and examination to provide limited legal services, including representation in court and administrative proceedings. These would be similar to Washington state’s limited license legal technicians and Utah’s licensed paralegal practitioners. The task force did not recommend specific details of how such a program would be structured. Rather it recommended that the Arizona Supreme Court appoint a steering committee to establish the appropriate parameters. However, the task force recommended that one of the first focus areas for LLLPs should be family law, “as this is where the greatest need lies.”. Other Recommendations. Other recommendations included: Loosen rules governing lawyer advertising, including by eliminating the prohibition against giving anything of value for referring a potential client – a rule that has limited lawyers’ participation in for-profit referral services. “There is no quantifiable data evidencing that for-profit referral services or even paying for referrals confuses or harms consumers,” the report said. Promote wider use of unbundled legal services through education and information. Although Arizona has permitted unbundled legal services since 2003, lack of understanding by both lawyers and the public limit their availability, the report found. To counter this, the courts and the bar should promote use of these services through education and public-information programs. Clarify when law students and recent law school graduates may practice law and what services they may provide. Clarify rules regarding the unauthorized practice of law. Formally institute the Licensed Legal Advocate Pilot developed by the Innovation for Justice Program at the University of Arizona James E. Rogers College of Law, to create a new tier of legal service provider that would provide services to domestic violence survivors. Initiate a document preparer program, proposed by the Arizona Foundation for Legal Services and Education, which would allow lay advocates to prepare legal documents for victims of domestic violence receiving services the foundation’s Domestic Violence Legal Assistance Program. Expand Arizona’s Legal Document Preparers program in various ways, including by allowing them to speak in court when addressed by a judge. Encourage courts to establish programs by which nonlawyers located within a court are available to provide legal information directly to self-represented litigants. One Member Dissents. In an opposition statement that accompanied the report, task force member Peter B. Swann, chief judge of the Arizona Court of Appeals, Division I, took issue with the recommendations to allow nonlawyer ownership and to create a program of LLLTs. While agreeing with the overall premise that legal services are too expensive and that most citizens are priced out of the ability to secure meaningful justice through the courts, Judge Swann said that the task force failed to examine the barriers inherent in the system – “understaffing, which contributes to delay and cost, and bloated, one-size-fits-all procedural rules that are designed for the most complex cases.”. “The recommendations then take an odd turn: rather than examining the reasons that the system is so difficult and expensive to navigate, the Task Force’s first recommendation is to cast aside ethical rules in an effort to make the practice of law more profitable,” Judge Swann wrote. “Such a proposal would make Arizona unique in the nation, and a leader in the race to the bottom of legal ethics.”. Judge Swann was particularly critical of the task force’s reliance in making several of its recommendations on the so-called Henderson report — the Legal Market Landscape Report written in July 2018 by William D. Henderson , professor at Indiana University Maurer School of Law, for the State Bar of California. Related: LawNext Episode 9: Bill Henderson on Changing the Non-Lawyer Ownership Rules. “The fact that a professor has ‘called out’ ethical rules is, to my mind, no more persuasive than the fact that a substantial part of the population has ‘called out’ lawyers as greedy crooks. Both beliefs are no doubt sincere – I submit that neither is correct.”. The task force was chaired by Ann A. Scott Timmer, vice chief justice of the Arizona Supreme Court, and its members included judges, court administrators, lawyers, academics, and members of the public.

Tiers 74

Westling on Whether Deep Fakes Are a Shallow Concern @jeffreywestling

Media Law Prof Blog

Jeffrey Westling, R Street Institute, has published Are Deep Fakes a Shallow Concern? A Critical Analysis of the Likely Societal Reaction to Deep Fakes. Here is the abstract. Deep fakes, a class of AI generated audio-visual materials designed to appear

USPS Issues Stamp In Honor of Gwen Ifill

Media Law Prof Blog

Via Judy Woodruff and Kevin Madden, the United States Postal Service announces that it is issuing a new Forever Stamp honoring the late journalist Gwen Ifill. More here from the USPS website

Schragger on Unconstitutional Government Speech @UVALaw

Media Law Prof Blog

Richard Schragger, University of Virginia School of Law, has published Unconstitutional Government Speech as Virginia Public Law and Legal Theory Research Paper No. 2019-56. Here is the abstract.

Kendrick on Miami Herald v. Tornillo: Freedom of Speech for Whom? @lckendrick @UVALaw

Media Law Prof Blog

Leslie Kendrick, University of Virginia School of Law, is pubblishing Miami Herald V. Tornillo: Freedom of Speech for Whom? in Painting Constitutional Law (forthcoming). Here is the abstract. This piece is part of a forthcoming volume entitled Painting Constitutional Law

Loophole Competition: Is Google’s News’ Richard Gingras the Counterpart of YouTube’s Lyor Cohen? via ArtistRightsWatch

Music Technology Policy

We’re all well aware of how Google uses self-manufactured loopholes in the DMCA safe harbor to enrich itself at the expense of artists, and run their loophole traps while appearing to “help” artists deal with the Google manufactured whackamole on YouTube with “tools” like Content ID. (See Ellen Seidler’s teaching on this subject, Kerry Muzzey’s post about Content ID from an artist perspective, and Zoe Keating’s statements on the YouTube Content ID shakedown.). What Google has also done is find someone out there who is willing to promote the corporate line on DMCA abuse, the Chief Loophole. This person very likely gets paid a fortune in both cash and stock options to be the public face of Google’s destructive policies. Or at least a fortune compared to the person’s former colleagues in the copyright category that Google is commoditizing and extracting value from with their loophole seeking behavior. Google then spends money on a charm offensive directed at these former colleagues—but which falls short of providing the same wealth that they bestowed on the Chief Loophole. They may have many reasons for keeping this class distinction in play, but the message is clear—if you truly go over to the dark side, beaucoup bucks await you. Or it will seem like beaucoup bucks to you because Google’s loophole seeking beat you down so far it looks like up to you. Yes, I’m describing Lyor Cohen at YouTube and Richard Gingras at Google’s Internet of Other People’s News. Rather than embrace a rights-affirming and privacy-protecting philosophy, these two divisional Chief Loopholers shore up two of the principal sources of Google’s data wealth—news and music. Lyor Cohen embarrassed himself to little effect as the face of YouTube’s assault on the European Copyright Directive. Mr. Gingras is doing the same in what promises to be the opening act of a long offensive against the European Copyright Directive. The Copyright Directive has been passed by a vote of the European Parliament and transposed into French law by a vote of the Parliament of France—which the multinational Big Tech bloc like Google lost abysmally by employing a bot strategy that seemed to be modeled on the tactics of the Internet Research Agency as discovered by several European newspapers including the London Times. The crux of the issue for Mr. Gingras is that the Copyright Directive requires Google to pay a neighbouring rights royalty to newspapers whose work they use. You may have heard the Google Alinsky-style semantical talking point of the “link tax”. Google is now putting Mr. Gingras forward to be the Lyor-style face of its campaign against journalists and news organizations in France by throwing a new loophole in the face of the French government while at the same time stepping up its charm offensive by offering what certainly look like bribes to news organizations in Europe that play ball. The loophole is Google’s use of its brutal market power to force newspapers to give them for free that which would otherwise attract essentially a statutory royalty. Mr. Gingras is the face of this, a role for which we hope he’s being at least as well compensated as Lyor Cohen for doing what is effectively the same job—being the face of the charlatan. The good news is that Google tipped their hand early in the transposition process so even France can go back and fix this competition law violation. Thanks to the Google Transparency Project ( full report here ) we know that Mr. Gingras also brings a pot of gold to his version of the rainbow, either directly or indirectly, through spending on the ideation and flaring from the shill incubator: The Google Transparency Project undertook the most comprehensive effort yet to collect all of Google’s payments to media organizations around the world in one place. The analysis included 16 different Google programs and related organizations and spanned more than a decade. It revealed that Google and related entities have committed between $567 million and $569 million to support at least 1,157 media projects around the globe. The analysis also identified another 170 projects supported by Google for which no funding information was publicly available, suggesting that the total amount the company has spent on media grants is likely far higher. Google often boasts about its support for journalism, disclosing plans to spend over half a billion dollars on media initiatives since 2013. But Google isn’t always transparent about its spending, making it difficult to assess what the company is giving—and what it may be getting in return. We haven’t seen Mr. Cohen waiving around this kind of cash aside from a few thousand euro we know about that was paid to some YouTube “creators” to produce anti-copyright directive materials. Lyor really needs to do something about that disparity. We’re way beyond YouTube “creator” studios now—user-generated never got hundreds of millions. I wonder what Mr. Gingras makes by comparison to Mr. Cohen? European Copyright Directive News from the Data Lords News from the Goolag Lyor Cohen Richard Gingras

The End is Near: Halloween Is the Last Day to Enter for a Spot in Startup Alley at ABA TECHSHOW

Media Law

If you’re a legaltech startup, I don’t want to spook you, but Halloween is the last day to submit your application for one of 15 spots in the fourth-annual Startup Alley at ABA TECHSHOW , the American Bar Association’s annual legal technology conference, taking place in Chicago Feb.

LawNext Episode 55: Utah’s Bold Experiment to Reimagine Legal Services

Media Law

In August, a Utah task force on access to justice issued a report that called for “profoundly reimagining the way legal services are regulated in order to harness the power of entrepreneurship, capital, and machine learning in the legal arena.”.

New CEO at LegalZoom, As Longtime Leader John Suh Steps Aside

Media Law

There is a new CEO at online legal services provider LegalZoom. John Suh , who has been CEO since 2007 and on the company’s board since 2005, is moving to a position as senior advisor.

Clio Announces 35 New Integration Partners, from AppearMe to ZorroSign

Media Law

Jack Newton, the cofounder and CEO of practice management company Clio , describes his vision for the company as becoming the operating system of law — a point he reiterated yesterday during his keynote that opened the Clio Cloud Conference in San Diego.


Ahead of #ClioCloud9, Freelance Lawyer Platform LAWCLERK Announces New Features

Media Law

Monday brings the kick-off of the seventh annual Clio Cloud Conference , and among the companies that will be exhibiting there is LAWCLERK , a legal services marketplace where solo and small-firm attorneys can hire freelance lawyers for short-term projects.

Just Two Weeks Left to Enter Your Blog in the LexBlog Excellence Awards

Media Law

The deadline is Nov. 1 to nominate a blog post for the inaugural LexBlog Excellence Awards , designed to honor exemplary writing on legal blogs. As I explained in an earlier post , these awards are unlike other “best blog” awards.

ILTA CEO Joy Heath Rush Named Winner of Monica Bay STEM Leadership Award

Media Law

Joy Heath Rush, CEO of the International Legal Technology Association and a veteran legal tech leader and executive, has been named winner of the fifth-annual Monica Bay STEM Leadership Award, given in honor of my friend and former colleague Monica Bay , the longtime editor-in-chief of the the former ALM publication Law Technology News. The award recognizes outstanding leadership qualities and innovation achieved in the legal technology industry. It will be presented to Rush during Legalweek New York, Feb. 4-6, 2020, in association with the International Legal Technology Association Women Who Lead group. I had the privilege of serving on the selection committee for this year’s award, together with Gail L. Gottehrer , a technology lawyer and former co-chair of the Privacy, Cybersecurity and Emerging Technologies team at Akerman; Donna Payne , CEO at PayneGroup; Judith Flournoy , chief information officer at Kelley Drye; and Nishan DeSilva , principal engineering manager lead, information protection, at Microsoft. As ILTA CEO, Rush manages an organization that provides educational and networking opportunities for nearly 25,000 lawyers and legal technology professionals across the globe, overseeing its operations, a global network of volunteer leaders and a professional staff of more than 35 employees. “I am humbled by this award,” Rush said. “I have admired Monica Bay from the day I first read one of her columns. To be recognized in Monica’s name makes me prouder than I can express. In addition, to join the prior award recipients is truly an honor.” Donna Payne, a member of the selection committee, said that Rush exemplifies every quality that the award represents. “Her accomplishments in her career, work ethic and dedication to helping others, along with her latest role as CEO of ILTA, make Joy the perfect choice for this award.” Rush spent 28 years at the global law firm Sidley Austin in a variety of technology and leadership roles. From 2014 to 2018, she worked at Litera Microsystems as VP of client development, with responsibility for global sales. She also has a long history of leadership in groups associated with legal technology, including as past president of ILTA. Earlier this year, she was named one of 2019’s Women in Legal Technology by the ABA’s Legal Technology Resource Center. Prior winners of the award are Alison A. Grounds , litigation partner at Troutman Sanders (2015); Sheryl Nolan , senior program manager, Office 365 Security & Compliance, at Microsoft (2016); Kate Cain , director of market intelligence and operations at Sidley Austin (2017); and Farrah Pepper , chief legal innovation counsel at Marsh & McLennan Companies (2018).

ILTA 2019 Tech Survey Shows AI Adoption Slow, But Cloud Move Quickening

Media Law

The International Legal Technology Association has released an executive summary of its annual technology survey of law firms that underscores firms’ continuing adoption of cloud-based technologies while finding that only about 20% of firms are currently using or testing artificial intelligence and machine learning. ILTA will release the full 2019 technology survey later this month, which will provide in-depth reporting on survey results compiled from 537 firms representing more than 116,000 attorneys and 240,000 total users. About two-thirds of respondents were from firms with 150 lawyers or fewer. The executive summary, prepared by Jim McCue, director of information systems at the Rodey Law Firm , showed a clear trend of firms moving more of their functions to the cloud. Seventy-two percent of firms said that their adoption of cloud-based technologies will increase over the next year, capping a four-year trend of firms each year saying their use of the cloud will increase. When asked which firm functions are already in the cloud or will be migrated there within the next year, the top category was payroll, with 70% of firms saying their payroll functions are already in the cloud and another 7% saying their payroll migration is planned. Other functions with significant percentages already in the the cloud or being migrated there were: Email security. Email archiving. Email. E-discovery. Just 12% say their accounting and finance are in the cloud, but another 16% say they are migrating those functions there. Notably, 23% of firms have plans to migrate to a new accounting system over the next year, of which 64% plan to stay with a firm-hosted system. In contrast, of the 15% of firms that plan to move to a new document management system this year, 82% say the DMS will be in the cloud. To the extent firms are not moving to the cloud, what do they see as the biggest barrier? Top of the list are cost (50%) and security (33%), followed by performance (30%), reliability concerns (26%) and client restrictions (25%). As report author McCue points out, cost, security, performance and reliability are typical concerns for any application change, while firms’ concerns about issues such as ownership, regulatory compliance and client restrictions appear to be declining. AI Adoption Slow. For all the talk in the legal industry about artificial intelligence and machine learning, ILTA’s survey found that just 7% of firms say they have an active AI project in place. Another 4% say they have a group that is testing AI tools, and another 10% say they have one or more AI tools in production. That adds up to just over 20% of firms that are using, testing, or preparing to us AI. By contrast, 54% of firms say they are not presently pursuing AI options (down three points from 2018) and another 25% say they are researching AI options. Given this pace of adoption, it is interesting that, when asked what technology will create significant change in the legal profession over the next three-to-five years, AI was the second most-common response, at 37%, behind only cloud at 39%. Analytics were listed by just 4% of respondents. Other Topics. Other topics covered in the survey include server operating systems (with use of Windows Server 2012 still outpacing Windows Server 2016 and a healthy 11% still on Windows Server 2008), desktop operating systems (with Windows 7 still the primary O/S for 31% of firms), and word processing software, where most firms use either the 32-bit or 64-bit versions of Microsoft Word. With regard to word processing, it’s all about Word. The summary shows all firms using some version of Word. When the full results come out, I will be curious to see if any firms listed Google’s G Suite as their primary office application. McCue wraps up the executive summary with predictions that the coming year will see firms moving more of their applications to the cloud. He also predicts more practical uses of AI, especially in security and case analysis. You can download the executive summary from ILTA’s website. The full analysis, when it becomes available in late October, will be available for purchase for $500 for ILTA members. Uncategorized ILTA

vLex Partners with LexBlog to Add 400,000 Blog Posts to Global Research Collection

Media Law

The international legal research service vLex has partnered with the legal blogging company LexBlog to add more than 400,000 law-related blog posts to its collection of legal-research materials, which currently spans some 100 jurisdictions, including the United States.

BYU’s LawX Partners with Wilson Sonsini and SixFifty to Tackle Asylum through Design Thinking

Media Law

I have written a number of times here about the innovative LawX lab at BYU Law , in which students use design thinking to tackle issues in access to justice. The lab has already produced two notable applications: SoloSuit , an award-winning online tool to help self-represented people who have been sued for debt, and Hello Landlord , an online tenant-landlord communication tool designed to reduce evictions.

MyCase Adds E-Signatures, Online Intake, Lead Analytics, Dashboards for Cases and Leads, and More

Media Law

It has been a year since I last checked in with MyCase, the cloud practice management platform. Over that time, the company has continued to add new features and improve existing ones. Here are some of the most-notable enhancements made in recent months. E-Signatures for PDF Documents.