Despite what seems to be an accepted truism, AI hallucinations aren’t necessarily completely random. That’s the key insight from a new physics-based analysis by a group of scientists and engineers and it may change how we should be using GenAI tools.The key finding: GenAI systems have a deterministic mechanism that causes output to flip from reliable to fabricated at a
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Stephen Embry
Managing In The Age Of AI: Bring Back Walking Around
Managing by walking around used to be standard practice. But with remote work, Zoom, and billable hour pressure, the concept lost some of its luster .But with AI we may need it more than ever. When we rely only on LLMs to make decisions and summarize work, we lose something critical: the senior lawyer who stops by, asks questions, catches…
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Deepfakes And The Future Of Litigation: Are We Ready?
Deep fakes are coming to our courtrooms. They are going to change how we try cases.Here’s what the rise of deep fakes may mean for judges, juries, and trial lawyers. Along with the impact of the so-called “liar’s dividend”: the risk that repeated exposure to AI-generated fakes causes people to disbelieve all digital evidence, real or not.Here are three ways…
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Deepfakes: A Problem In Search Of A Problem?
asked a room full of lawyers at ABA TechShow how many had encountered deep fake evidence in litigation. Not one hand went up.Is the deep fake threat a problem in search of a problem? Or are we in the same place we were with AI hallucinations before the first fake citation showed up in a courtroom and we just don’t…
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The Furlong And Patel TECHSHOW Keynote Bookends: Saying The Same Thing, Differently
Two TechShow keynotes. Two very different speakers. But the same conclusion.Jordan Furlong opened TechShow by talking about the human lawyer: the one who walks through the valley with clients, who has their back, who builds the kind of trust AI can replace.Nilay Patel by arrived at the same place from a different direction. His argument: law is built on ambiguity…
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Jordan Furlong’s TECHSHOW Keynote: The Lawyers Who Will Thrive In The New World Order Will Be Entrepreneurs — And Humans
Jordan Furlong’s ABA TechShow keynote was one of the best I’ve heard. His thesis: AI will commoditize legal knowledge, mechanize legal work, and reconfigure law firms. The lawyers who suceed won’t necessarily be the ones who know the most, if that was even ever the case. Instead, they will be the ones clients want in the foxhole with them when…
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TECHSHOW 2026: Where The Legal Tech Family Gathers
ABA TechShow 2026 kicks off this Wednesday in Chicago and it’s a little different from every other legal tech conference on the calendar.Two strong keynotes (Jordan Furlong and Nilay Patel), a genuinely important Saturday session on the rule of law with three ABA presidents, 47 educational sessions, 120+ exhibitors, and the traditional startup pitch competition moderated by Bob Ambrogi. Oh,…
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Law Firm AI Adoption: So Many Choices
When it comes to AI, all to often law firm management freeze up from too many choices and do nothing, or overcorrect and buy everything in sight. 8am’s Legal Industry Report, for example, shows nearly 75% of legal professionals are already using general-purpose AI tools like ChatGPT and Claude for work, while 71% say their firms offer zero training on…
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It’s Not Legalweek Unless It Snows. Here’s My 2026 Recap
Here’s my 2026 Legalweek recap for Above the Law: good show and good new venue (Javits instead of the Hilton). And the complaints were predictable, especially from the crowd that usually champions change. The exhibit space was a genuine improvement. The judges keynote was outstanding. The commercialization of sessions a little less so.And btw, after summer like weather all week,…
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Lawyers and Cybersecurity: Talk to An Experts. Before It’s Too Late
At Legalweek, while everyone else was talking about AI features, I sat down with Michel Sahyoun of NopalCyber to talk about something the legal profession isn’t paying nearly enough attention to: cybersecurity in the age of GenAI.Some facts: the average time to exploit a breach is 29 minutes. AI tools can automatically and repeatedly probe for vulnerabilities. Cyber insurance that…
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Legalweek Final Keynote: An Industry Still Whistling Past the Graveyard?
The final Legalweek keynote made the argument that law firms need to do what Apple and Netflix did in the early 2000s: blow up a their existing business model for a better one. Hard to argue with that. But it’s hard to see that it’s happening in legal.Here’s the data: only 19% of firms have modified fee arrangements aligned with…
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Legalweek’s Annual Judicial Panel: A Clear And Present Danger To Our Judges — And The Rule Of Law
I attended Legalweek’s annual judicial panel expecting the usual e-discovery update. What I heard instead was a sobering account of murder, death threats, swatting, and doxing directed at sitting federal judges and a stark warning about what it means for the rule of law and our profession. Four sitting federal judges spoke with remarkable candor and courage. We have a…
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GenAI: A Slippery Slope Of Too Much Kool-Aid?
Some hard questions coming out of this year’s Legalweek: are we focusing on training better lawyers or just better prompters? And how do we create good lawyers for the future? Here’s my post for Above the Law
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8am’s Smart Spend Enhancement: Analogue Thinking In A GenAI World
8am’s Smart Spend enhancement: solving real practice management problems with real solutions. Here is my post for Above the Law.
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The Heppner And Warner Rulings: Hobgoblin Consistency Or An Application Of Principle?
Two federal judges with seemingly opposite rulings on whether using GenAI tools waives the work product privilege. But the cases present facts that differ in important ways.Here’s what reading them together can tell us about discovery risk, waiver, and pro se status. The bottom line is that privilege issues can still be minefield, and neither ruling necessarily gives you a safe…
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