BDO's Legal Tech Talk Podcast

Guest Notes

Drew Northern is involved in the compliance department at Cook Group and Cook Medical, focusing on leveraging AI to improve compliance processes and mitigate risks.

Guest LinkedIn

Drew Northern | LinkedIn

Key Takeaways

• Routine Tasks Automation: Drew emphasizes that generative AI can significantly benefit compliance professionals by automating routine, mundane tasks such as data entry, basic data analysis, investigations, transactional reviews, auditing, contract management, and due diligence.
• Risk Mitigation: He highlights the importance of understanding the limitations and risks associated with AI, especially when working with third parties. This includes ensuring security, privacy, and the accuracy of AI outputs.
• Governance Structure: Drew advocates for establishing a governance structure to oversee AI usage. This structure should not stifle creativity but ensure that AI is used responsibly and effectively.
• Training and Gamification: He sees potential in using AI for training purposes, such as individualizing training content and gamifying training processes to improve engagement and efficacy.
• Continuous Improvement: Drew stresses the importance of a continuous improvement mindset, encouraging professionals to stay curious and open to new ways of leveraging AI in compliance and ethics.
• Industry Expectations: He notes that governments globally are setting expectations for what constitutes a reasonable ethics compliance program. Meeting these expectations is crucial to avoid falling short and facing penalties.

Conclusion

Drew Northern's insights underscore the transformative potential of generative AI in compliance, from automating routine tasks to enhancing training and maintaining robust governance structures. His emphasis on continuous improvement and staying abreast of industry expectations provides a roadmap for leveraging AI responsibly in the compliance sector.

Guests’ Notes

Nat Edmonds is a partner at Paul Hastings with over 20 years of experience in white-collar investigations, specializing in international corruption and the FCPA. A former DOJ attorney, he has led major fraud and corruption cases, fostering global enforcement partnerships. He emphasizes robust compliance programs and the role of technology in investigations, sharing insights at conferences and panels on anti-corruption strategies.

Pei Li Wong is a forensics principal at BDO USA, specializing in cross-border forensics work with a focus on the FCPA and international compliance. Based in New York, she leads global forensic investigations leveraging her professional experience in Asia. Pei Li emphasizes the importance of understanding local cultures and legal environments, and she frequently shares insights on managing complex regulatory challenges at international conferences.

Guests’ LinkedIn

Nat Edmonds | LinkedIn

Pei Li Wong | LinkedIn

Key Takeaways

• FCPA Focus: Covers the Foreign Corrupt Practices Act (FCPA), its significance, and the necessity for U.S. companies to understand it when operating internationally.
• Global Enforcement: Highlights the growth of international cooperation in FCPA enforcement and the multi-jurisdictional nature of investigations.
• Cross-Border Challenges: discusses the complexities of investigations across different jurisdictions and the need for a skilled team.
• Technology in Investigations: Explores how e-discovery and AI are enhancing the efficiency of FCPA investigations by managing large data volumes.
• Ephemeral Communication: Addresses the challenges posed by ephemeral messaging apps in legal investigations.
• DOJ Whistleblower Program: Discusses the potential impact of the DOJ's new whistleblower pilot program on FCPA enforcement.
• Legal and Technological Integration: Successful investigations require collaboration between legal, forensic, and technological teams to ensure credible and comprehensive outcomes.
• Generative AI Caution: The DOJ has cautioned companies on the use of AI, emphasizing the need for credible technological partners to avoid misleading results
• Upcoming Conference: Mentions the ACI FCPA Conference in Washington, DC happening December 4-5, 2024, where Pei Li and other investigative executives and professionals will discuss FCPA compliance challenges in China on a panel. Register for the ACI FCPA Conference now.

Guest Notes

Kassi Burns is a senior attorney in King & Spalding’s E-Discovery practice. She is a skilled E-Discovery practitioner with more than 13 years of progressive experience advising corporate clients and legal professionals on E-Discovery best practices and the integration of technology and the law. Her diverse background ranges from transactional law, E-Discovery (technical and managed review), and legal operations.

Guest LinkedIn

Kassi Burns - LinkedIn

Key Takeaways

• Kassi Burns emphasizes the value of creativity in the legal tech industry, particularly in creating engaging and visually appealing content that can make complex information more accessible and memorable.
• The discussion highlights the ethical considerations surrounding AI in legal practice, including the potential risks and benefits of using AI tools, especially for vulnerable populations.
• Kassi stresses the need for more diverse voices in the legal tech field, advocating for the inclusion of women and minorities who may feel inhibited or underrepresented.
• Kassi shares her personal journey and the challenges she faced in her career, offering insights into how she overcame obstacles and found her voice in the industry, which can serve as inspiration for others facing similar challenges.

Guest Notes

Emily Bartkowicz is a 20-year veteran of the legal industry and currently serves as the Litigation Support Manager with Akerman eDiscovery Services. Emily specializes in assisting firm clients and attorneys with a variety of e-discovery and litigation support-related projects, including case management, forensic collection coordination, document collections and document productions. Emily also works with the Director of eDiscovery Services to manage marketing and business development initiatives, technology innovations and financial reporting for the department.

Prior to joining Akerman eDiscovery Services, Emily was a products liability paralegal working primarily in medical device and mass torts defense work, including multi-district litigation. Emily also has vast experience in general commercial litigation, medical malpractice, construction, and real estate litigation.

Emily is a Certified eDiscovery Specialist, a Registered Paralegal with the Florida Bar, and holds advanced certifications in eDiscovery, Trial Practice, and Discovery from NALA. She also sits on the executive board for the Miami Chapter of Women in eDiscovery.

Guest LinkedIn

Emily Bartkowicz - Linkedin

Key Takeaways

• Ephemeral data is becoming increasingly significant in the legal industry, requiring new approaches to data management.
• Artificial intelligence is revolutionizing e-discovery by enhancing data collection and analysis processes.
• Law firms face several challenges when managing transient data, but practical solutions and strategies are available.
• Integrating AI tools and following best practices can significantly improve data management in legal practices.
• Staying informed about future trends in legal technology is crucial for law firms to remain competitive and efficient.

Guest Notes

Vanessa Barsanti emphasizes the significance of active listening and effective communication in resolving disputes and reaching agreements during legal proceedings. She also explores the cautious yet optimistic approach to integrating Gen AI into legal workflow.

Guest LinkedIn

Vanessa Barsanti | LinkedIn

Key Takeaways

• Active Listening: Vanessa highlights the importance of truly understanding what the other party is trying to achieve. This involves not just hearing their words but comprehending their goals and concerns.
• Meet and Confer: Vanessa explains that meet and confer sessions are essential for discussing issues with opposing counsel. These sessions must be live (via telephone, Zoom, or in-person) to be effective, as written communication alone does not suffice.
• Effective Communication: Vanessa shares an example where she clarified the opposing counsel's request during a meet and confer. By actively listening and rephrasing their request, she was able to avoid disclosing irrelevant information and reach a reasonable agreement.
• Collaboration Over Adversity: Vanessa believes that legal disputes do not always have to be adversarial. Active listening and collaboration can lead to more efficient and satisfactory outcomes for both parties.
• Ethical Considerations: Vanessa underscores the importance of ethical behavior in legal practices. Accusations of bad faith or ethical violations should be handled seriously and transparently, as demonstrated by her experience with a recorded meet and confer session.
• Gen AI's Potential: Vanessa believes that Gen AI will be highly beneficial and useful to lawyers, even more so than other layers of AI technology.
• Current Applications: Vanessa has seen Gen AI being used to provide summaries of deposition transcripts, which saves significant time and effort.
• Internal Use: Vanessa is exploring the use of Gen AI for internal tasks such as document summaries and identifying key documents. However, she is cautious about using it for external-facing tasks like document review and production due to the lack of case law and validation standards.
• Client Involvement: Some clients are interested in using Gen AI for tasks like creating privilege logs and building chronologies. Vanessa emphasizes that they only use Gen AI on client data with explicit permission.
• Validation and Case Law: Vanessa is not yet ready to use Gen AI for high-risk, external-facing tasks until there is clear guidance from courts on its appropriateness and the kind of validation required.

Conclusion

Vanessa Barsanti's insights emphasize the value of active listening and collaboration in the legal industry, promoting a more effective and ethical approach to resolving disputes. Additionally, her cautious yet optimistic stance on Gen AI highlights its potential benefits while acknowledging the need for further validation and ethical considerations.

Guest Notes

Lynn is the Director of Litigation Support in the Chicago office of Dykema and has expertise in litigation support, Westlaw, trials, litigation, and document review, making her a valuable source of insights and knowledge for the industry.

Guest LinkedIn

Lynn Tubalinal | LinkedIn

Key Takeaways

• Adoption of AI in Legal Industry: The legal industry is increasingly adopting AI technologies, including generative AI. There’s a buzz around AI that extends beyond the legal industry, making it more exciting and accessible.
• Technology Adoption Pace: The pace of technology adoption in the legal industry is accelerating, partly due to newer attorneys who are more open to using technology.
• Cost Considerations: Cost is a primary consideration when adopting new technologies. Lynn prefers to wait for technology to mature and become more affordable rather than being an early adopter.
• Feedback Loop: Lynn values feedback from attorneys after court cases or technology use to improve services and tools.
• Staying Informed: Lynn stays up to date with the latest technologies by being open to demos and discussions with vendors, even if the technology may not be immediately applicable.
• Practical Business Use Cases: Lynn is focused on finding practical business use cases for new technologies before advocating for their adoption within her firm.

Guest Notes

Stacey is the Counsel and E-Discovery Lead in the Corporate Litigation Department of IBM in the Armonk, New York office. She handles IBM third-party subpoenas and manages all aspects of E-Discovery for Corporate Litigation.

Guest LinkedIn

Stacey Blaustein | LinkedIn

Key Takeaways

• Human element in AI: Stacey emphasized the importance of the human element in AI, particularly in ensuring trustworthiness, transparency, and ethical use.
• Ethical considerations and guardrails: The discussion highlighted the need for ethical considerations and guardrails in AI usage, especially with the rise of generative AI.
• Education and training: IBM places a strong emphasis on educating its employees about AI, requiring extensive training to ensure they understand how to use and implement AI ethically.
• Practical use of AI in legal practice: The conversation touched on the practical use of AI in legal practice, including the potential pitfalls of relying too heavily on AI tools like ChatGPT for drafting legal documents.
• Future of AI in legal tech: The episode concluded with a discussion on the future of AI in legal tech, with a cautious optimism about its potential to improve efficiency and productivity.

Guest Notes

Sarah Alt is an accomplished professional in ethical artificial intelligence with extensive information technology experience working for and consulting with Fortune 1000 companies, professional services firms, institutions of higher education, startups, and nonprofits. As the Chief Process & AI Officer for Michael Best, Sarah spearheads the integration of AI technologies and strategies to drive innovation, excellence, and client value.

Guest LinkedIn

Sarah Alt | LinkedIn

Key Takeaways

• Sarah Alt, as the Chief Process and AI Officer at Michael Best, emphasizes the transformative impact of AI on legal operations. AI is being used to streamline processes, reduce administrative burdens, and enhance the efficiency of legal work.
• The importance of ethical AI is highlighted through Sarah Alt's work with the Ethical AI Consortium. Ensuring AI is used responsibly and transparently is crucial, especially in sensitive areas like hiring and legal services.
• Educating lawyers about AI and its implications is essential. The AI Center of Excellence at Michael Best serves as a platform to demystify AI, create awareness, and prepare legal professionals for the changes AI brings to the industry.
• This episode discusses the evolving landscape of AI regulation, including data privacy laws and executive orders. Understanding and navigating these regulations are critical for law firms to help ensure compliance and protect client confidentiality.

Guest Notes

Maureen Holland brings several years of consulting and hands-on legal technology and E-Discovery experience to her position as Global Assurance Services Manager for AstraZeneca. Having had many roles within the E-Discovery industry throughout her career—vendor, consultant, and E-Discovery advisor for both plaintiffs and defense—she has advised senior executive stakeholders, attorneys, paralegals, and clients on different methods of preserving and managing electronic data throughout the entire E-Discovery lifecycle.

Guest LinkedIn

Maureen Holland | LinkedIn

Key Takeaways

• Maureen draws parallels between her personal achievement of climbing Mount Kilimanjaro and her professional journey, underscoring the significance of resilience, determination, and continuous effort in overcoming challenges.
• The episode explores the need for proactive data management, including data governance, data disposition, and reducing data footprints to mitigate risks and costs.
• Building trust and fostering collaboration across different stakeholders and departments are highlighted as essential for successful project implementation and organizational change.
• The theme of simplifying complex workflows and processes to enhance stakeholder engagement and adoption is recurrent throughout the conversation.

Connie Brenton is a seasoned legal operations professional with a career spanning Sun Microsystems, Oracle, and NetApp. She co-founded CLOC and is currently the CEO and Co-Founder of LegalOps.com. Together with Jeffrey Franke, she is bringing the "Running Legal as a Business" conference as part of their latest venture, LegalOps.com.

Jeffrey Franke has been in the legal operations field since 2005, with significant roles at Sun Microsystems and Yahoo. He co-founded CLOC and is now the CEO and Co-Founder of LegalOps.com. Together with Connie Brenton, he is bringing the "Running Legal as a Business" conference as part of their latest venture, LegalOps.com.

Guest LinkedIn

Connie Brenton | LinkedIn

Jeffrey Franke | LinkedIn

Key Takeaways

• Evolution of Legal Operations: Connie and Jeffrey discuss the journey from the early days of legal operations to the establishment of CLOC and the ongoing evolution of the field.
• Impact of AI: They explore the current and future impact of generative AI on legal operations, emphasizing the need for early adopters and the potential for AI to drive competitive advantage.
• Role Definition and Training: The importance of defining the role of legal operations professionals and providing proper training and certification is highlighted.
• Community and Mentorship: Connie and Jeffrey stress the significance of building a community and mentoring the next generation of legal operations professionals.
• Future Vision: Their new venture, LegalOps.com, aims to provide comprehensive resources and frameworks to further professionalize and advance the field of legal operations.