General

Bob Ambrogi and I have a running dispute. He says I was the first one to ask whether it might be malpractice to not use legal data analytics in today’s litigation world. I say he was the first one to ask that very legitimate question. But it really doesn’t matter who first coined the question. Recent results from the third annual Legal Analytics Survey by LexisNexis suggests if the answer is not already yes, it’s getting darn close to it. Here are some key stats from the Study entitled Bringing Legal Analytics Into Focus: 70% of large law firms use…
The growing use of legal analytics is rapidly transforming the practice of law. Within law firms, analytics drive litigation strategy, business development efforts, and hiring decisions. Within corporate legal departments, analytics drive outside counsel hiring and internal business operations.  In a special episode of LawNext recorded live during Legalweek 2020 in New York City, we bring together a super session of leading experts to discuss this new world of data-driven law.  Joining me for this special episode are: Eric M. Falkenberry, litigation partner at DLA Piper, where he specializes in the assessment, quantification and transfer of litigation risk through…
As reported here yesterday, the American Bar Association House of Delegates voted to approve a resolution calling on states to consider innovative approaches to the access-to-justice crisis, including consideration of regulatory innovations that could improve the accessibility, affordability and quality of civil legal services. But some were critical of the final version of the resolution (Resolution 115) because of a last-minute revision that added a fourth clause that said, “[N]othing in this Resolution should be construed as altering any of the ABA Model Rules of Professional Conduct, including Rule 5.4, as they relate to nonlawyer ownership of law firms,…
An Arizona litigator and former chair of the American Bar Association’s Section of Litigation has been named as the new chair of the governing council of the ABA Center for Innovation, a program whose mission is to encourage and accelerate innovations the improve the affordability, effectiveness, efficiency and accessibility of legal services. The new chair, Don Bivens, is a partner in the Phoenix firm Snell & Wilmer, where his practice focuses on complex litigation and corporate investigations. He is the husband of ABA President-elect Trish Refo, who is also his law partner. Bivens takes over as…
Lexis and Westlaw laid the foundations for today’s online research market in the 1970’s and 1980’s. Their dominance in the legal research arena was challenged on two fronts in the 2010’s. First they were challenged by the emergence of two full service competitors: Bloomberg Law and Fastcase. More surprising was the disruptive impact of the disgruntled, entrepreneur lawyers with a good idea and some venture capital who invented some completely new ways of approaching research and delivering insights.. Spinning Analytics Gold From Dockets. Lexis and WESTLAW were in the docket business for decades but it Lex Machina (now owned by Lexis…
At the midyear meeting of the American Bar Association in Austin, Tex., today, the House of Delegates voted to approve a resolution calling on states to consider innovative approaches to the access-to-justice crisis and, in particular, to consider regulatory innovations that could improve the accessibility, affordability and quality of civil legal services. But some saw the version of Resolution 115 that the HOD approved as watered down — or, as one observer put it, “defanged” — to address concerns that it would be read as endorsing nonlawyer ownership of law firms or the delivery of legal services by providers other…
Whenever I hear someone complain (and it’s still too often) about not being able to find “qualified women” to speak at legal tech conferences, I swallow my irritation and frustration and politely point them to the ABA Legal Technology Resource Center’s Women of Legal Tech list, which now includes 121 names. If you can’t find a speaker there, you simply aren’t trying. The 2020 additions to the list are now public and we are rapidly approaching the 2020 Women of Legal Tech Summit – a combination of honoree recognition, celebration, networking, design thinking, and not-the-usual educational presentations. It’s on…
In just over a week, on the opening night of ABA Techshow in Chicago, 15 legal technology startups will take the stage in a pitch competition, where each will make its case for why the audience of Techshow attendees should vote for it as the most innovative. This will be the fourth annual Startup Alley pitch competition at Techshow — a tradition that started in 2017. Again this year, as I have every year, I will serve as moderator. As I’ve been getting ready for the 2020 pitch competition, it got me wondering whatever happened to the startups that participated…
A recap: Develop a hackathon problem for the first A2J Hackathon. Problem and Background Minorities are often under-served demographics in society, whether they are minorities because of race, ethnicity, disability, sexuality, age, and/or other traits and characteristics. They have various challenges accessing legal services to address their grievances due to their identity group status. For example, ethnic minorities who are new immigrants to Hong Kong have to come to an unfamiliar place and set up new life, while facing many legal and bureaucratic challenges. Their options in terms of accessing the legal system and understanding their legal rights and obligations…
A recap: Develop a hackathon problem for the first A2J Hackathon. Problem and Background Minorities are often under-served demographics in society, whether they are minorities because of race, ethnicity, disability, sexuality, age, and/or other traits and characteristics. They have various challenges accessing legal services to address their grievances due to their identity group status. For example, ethnic minorities who are new immigrants to Hong Kong have to come to an unfamiliar place and set up new life, while facing many legal and bureaucratic challenges. Their options in terms of accessing the legal system and understanding their legal rights and obligations…
On February 15, 2003, I started this blog with a line from Babylon 5: And so it begins . . .I realized the other day that I had first written about blogs well over a year ago. In fact, the rise of blogs was one of my 2002 predictions for legal technology in my annual legal tech predictions article. As I was working on updating my web site (https://www.denniskennedy.com), I finally decided that I had to have my own blog. Thanks to people like Jerry Lawson, Sabrina Pacifici, the Support Forum at MovableType.org, it’s finally here. Last year, my…
The two most important questions for any small business owner are: What are the best opportunities for improvement or growth? What are the big threats to my business? According to the National Association of Small Business’s recent Economic Report, here are some of the top threats. Which is to say these are the reasons why small businesses don’t make it. No market need: 42 percent; Ran out of cash: 29 percent; Not the right team: 23 percent; Got outcompeted: 19 percent; Pricing / Cost issues: 18 percent; User un-friendly product: 17 percent; Poor marketing: 14 percent; Ignore customers: 14 percent…
For legal professionals, it can be a challenge to keep up with the legal news that matters to your practice. Later this month, ALM, the publisher of Law.com, The American Lawyer, Corporate Counsel, and other legal publications, will release a product designed to address that challenge: Legal Radar, a website and app that uses artificial intelligence to rapidly deliver legal news personalized to the reader. “Legal Radar combines the expertise and power of the ALM newsroom with AI and high-speed data processing to create a personalized news feed that’s very rapid and very broad…
We reach across the Atlantic Ocean and talk with Bryan Cave Leighton Paisner’s Nick Pryor on his work the firm’s BCLP³ innovation objectives. Nick heads up the firm’s European, Middle East, and Asia innovation projects, and gives us some insights on the joys and hardships that come with innovation in the global legal market. Whether it is regulations, cultural challenges, competition, or setting a long-term vision, innovation is challenging. However, Nick also stresses that it is also very rewarding. Innovation Inspirations If you had any doubts that privacy was dying, the work that Clearview AI is doing may put those…
The Conference of Chief Justices (CCJ) is taking a stance in support of regulatory innovation. During its Midyear Meeting last week, the CCJ adopted Resolution 2, which urges its members to consider regulatory innovations that could improve the delivery of legal services while protecting the public. The resolution recognizes the difficulties Americans face when accessing quality and affordable legal services. Moreover, while traditional solutions to reducing the justice gap, such as increased civil legal aid funding, pro bono work, and court assistance programs, have helped, they aren’t likely to solve the problem alone. The CCJ points to the efforts…
January 28, 2020 Don Swanson and I are back from Legalweek in New York, where we had a number of great discussions about O365 and eDiscovery. Many of those involved our latest update to the user survey on O365 eDiscovery we first did in 2018. You can read a full discussion of this years update at https://technogumbo.wpcomstaging.com/2020/01/28/microsoft-office-365-ediscovery-challenge-2020/ and take the new survey at  https://www.surveymonkey.com/r/M2MS95Q . I’ll also have forms you can fill out in person with me at the ABA TechShow on Feb 28th and 29th in Chicago if you happen to be attending that fine show. Don and I…