Recently, the phrase “modern law” seems to be floating around in the legal industry. But what does this mean and why should today’s practitioners care? From corporate counsel to law firms to contract attorneys, this term of art can carry several meanings. In a nutshell, modern law refers to the idea of taking a business centered approach to legal practice by embracing emerging technologies and new partnerships to increase efficiency and make smarter operational decisions.
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As digital habits change and the shift to virtual work continues to evolve in business, new eDiscovery challenges will inevitably emerge. For example, litigators commonly debate over the use AI technology in eDiscovery protocols. One party often alleges spoliation of electronically stored data when the other fails to produce relevant evidence.
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The world is powered by data and technology. With all the focus and new legislation on data privacy, organizations need to keep governance at the forefront when reconciling the use of emerging technologies with compliance and privacy considerations. One area where this becomes particularly important is when organizations utilize platforms, solutions, and other technologies powered by artificial intelligence (AI) for business purposes. Some examples include creditors automating decisions on consumer approvals or employers using AI technology to assist with hiring determinations.
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With new technologies frequently surfacing during an eDiscovery review, it is time for legal departments to take a deeper dive into blockchain so they can be prepared for what is to come. Legal professionals are aware of what blockchain is and may even use this technology for some business functions like smart contracts or payment for services via cryptocurrency. However, blockchain is still evolving and there are many unknowns about how this technology operates and what role it will play in both the legal industry and general business.
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