Embrace the Unexpected

?? Welcome to Notes to My (Legal) Self, the frequently fun newsletter focused on helping you build the legal career of your dreams.

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Hello Friends and Colleagues,

How receptive are you to unexpected outcomes??

In the 1940s, Canadian electrical engineer John Hopps wanted to use radio frequency heating to combat severe hypothermia. He discovered that when cooling caused an animal's heart to stop, artificial stimulation could revive it. This sent Hopps into a new line of inquiry, and he developed the first external cardiac pacemaker.?

This type of creative freedom has led to countless breakthroughs, innovations, and advancements throughout history. Penicillin, X-rays, Post-it Notes, and microwaves all originated with unexpected or unintended consequences.?

Pursuing one goal often leads us down unforeseen paths and opens doors to entirely new possibilities. This is why nurturing creative freedom in developing AI and other technologies is important, particularly as regulations and policies grow prevalent.?

For example, requiring developers to define a specific purpose for building AI may sound useful for preventing nefarious aims. Constraining developers to only their pre-defined expectations artificially limits their ability to explore other beneficial results that may suddenly arise.?

As history shows time and again, we make technological advances rapidly and in unpredictable ways. Brilliant discoveries often occur through trial and error while pursuing seemingly unrelated aims.?

Consider DeepMind’s AlphaGo, the AI program trained to play the Chinese board game, Go. AlphaGo's creators had a specific goal – to beat the world champion. Little did they know that this pursuit would lead to multiple other scientific discoveries and real-world benefits, including predicting the shapes of complex proteins, identifying eye disease faster, and conserving energy.?

We shouldn’t dismiss concerns about privacy, data security, and ethical considerations in the name of unbridled creativity. But it’s possible to develop an ethical AI framework that doesn’t restrict potential avenues for innovation and discovery.?

We can preserve creative freedom and ensure responsible AI development.?

Embrace the unexpected. Encouraging the exploration of uncharted territories unlocks the potential for AI to surpass our expectations!

Best,

Olga

AI-generated Stereotypes

Wondering about the biases AI can harbor? This article by HippoReport is eye-opening! Several artists asked AI to produce the most stereotypical depiction of a resident of every US state.?

The Latest News in Integrating AI Into Legal Practices

AI & Disruptive Tech. What can you do to get ahead of the curve with disruptive tech like generative AI? I spoke with Kassi Burns, attorney and co-founder of All Your Data, about the value of understanding technology practically, rather than just theoretically, especially when bringing a disruptive tech product to market.

How Lawyers Can Embrace the Challenge to Supervise AI. Lawyers who continually adapt, stay informed about AI advancements, and invest in ongoing education and professional development can harness the power of AI to deliver exceptional legal services while upholding the highest standards of the legal profession.

Does Section 230 Cover Generative AI? The debate over whether generative AI falls under Section 230's liability shield will impact whether companies are held liable for generated content. Read this succinct update on recent litigation cases, regulatory actions, and academic articles on AI developments.

How GCs Can Use Generative AI to Speak to Language of Business More Fluently. Three ways to tap into generative AI’s power to tailor clear, concise communications for more engaging client interactions and to help business stakeholders better understand the legal implications of their actions.

Visually Speaking: Emojis evidence, coming soon

We may hope all we want, but those pesky emojis aren’t going to disappear. Things are getting even more interesting in the latest emoji news.

Emojis are Increasingly Legally Binding But Still Open for Interpretation. A judge recently ruled that a buyer who sent a contract to a seller and received a thumbs-up emoji over text in response is right to think that the emoji was legally binding.?

Emojis & the Law “No matter how specialized your court,” AJEI Summit Panelist Professor Eric Goldman said, “emoji evidence is coming for you.” Every emoji is born with inherent ambiguity, often intentionally. Judges and lawyers need to know what emojis are and how misunderstandings can happen.

Contracting by Emoji. Explore the legal landscape of emojis, including the statute of frauds, mutual assent, unintended contracting, reliance and expectations, and the dangers of hasty contracting.

Emojis are Not Enemies! Why & How to Use Them. It is an oldie but goodie that explains how emojis can supplement your writing with visual representations of physical expressions. Use emojis as social cues in texts, emails, and social media to emphasize meaning and improve comprehension.

August Newsletter Highlights. Your thoughts on creating an AI-ready culture.

Last month, we discussed what it takes to create an open, supportive company culture that helps individuals navigate new technologies with less fear, stress, and anxiety. The wonderful NTMLS community did not disappoint!

Notes to My (Legal) Self Corner:? Do your best work wherever you are.

AI Audits: Best Practices & Regulatory Trends. Learn what AI audits are and what they entail in real-world scenarios. Jey Kumarasamy, an expert from BNH.AI, shows you best practices and methodologies for conducting AI audits effectively in your organization.

What Does it Mean to be a Leader? Mary Smith, the first Native American Woman to be President-elect of the American Bar Association, shares the challenges, the wins, and the wisdom gained throughout her multi-faceted career, guiding us with strategies for our own leadership journeys with an emphasis on incorporating diversity and inclusion.

Making the Leap from Litigation to In-House. The transition from litigation to in-house counsel is often surrounded by myths and misconceptions. What path should you take to make such a shift? Christi Disparte, legal counsel at ENGIE Impact, recounts the challenges and insights of her journey.

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Self-nominations are encouraged. In fact, they are a bold act of self-confidence!

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Olga Mack is a Digital Transformation Executive at LexisNexis, and an award-winning general counsel, operations specialist, and tech startup advisor who encourages lawyers to embrace disruptive technologies that make law more functional and accessible.

A three-time TEDx presenter with an exceptional blend of legal, technological, and business expertise, Olga is one of today’s top speakers and thought leaders. Find her latest insights at Above the Law, Forbes, Bloomberg Law, ACC Docket, MIT Computational Law Report, Newsweek, and Venture Beat.

Olga founded the Women Serve on Boards movement, sparking a national conversation on the need for more women on Fortune 500 company boards. She also co-founded SunLaw and WISE, organizations that help female lawyers thrive.?

As a Berkeley Law lecturer, a fellow of CodeX, the Stanford Law Center for Legal Informatics, and a fellow of the College of Law Practice Management, Olga is confident the law’s future is secure in the hands of innovators.?

Olga’s numerous awards include the Silicon Valley Women of Influence, ABA Women in Legal Tech, Make Your Mark, Corporate Counsel of the Year, and Women Leaders in Technology Law.?

In examining how disruptive technologies impact laws, society, business, and commerce, Olga authored Blockchain Value: Transforming Business Models, Society, and Communities and co-authored Fundamentals of Smart Contract Security. Her next book, Visual IQ for Lawyers (ABA 2023), shows how lawyers can use practical design and visual elements to make law more understandable to all.