Legaltech Seminar Series Archives
The Legaltech Seminar Series features guest lecturers who are prominent experts in various legal technology fields. These free seminars are held in the Judge Karen J. Williams Courtroom in the School of Law, and are open to law students, to members of the legal community, and to the general public!
November 9, 2022 @ 8:00 – 9:00 AM
Online 1 Hour SC CLE 922184ADO
If you or your clients, like many others, were hoping that the American Data Privacy and Protection Act (ADPPA) introduced in June 2022 might simplify privacy compliance obligations in 2023, you are certainly not alone. Hopefully, you did not expect it to succeed and postpone all work on your compliance initiatives for upcoming laws out of a hope for broad federal preemption. But if you did…you’re in the right place.
Faculty:
Colton Driver, Privacy, and eDiscovery Attorney | CIPP/E, Bass, Berry & Sims
November 2, 2022 @ 8:00 – 9:00 AM
Online 1 Hour SC Ethics CLE credit 922001ADO
This CLE will present a broad overview of the most recent developments in financial technology (“FinTech”). In particular, it will focus on the four key components of FinTech: (i) digital payments, (ii) digital lending, (iii) digital wealth management and investment advisory, and (iv) digital assets and crypto assets. It will provide a high-level overview of the regulatory infrastructure into which each FinTech category falls, as well as present on a broader ethics-based policy question— “should” these products exist and how “should” they be regulated.
This presentation will also delve into attorney ethical obligations when advising FinTechs or clients using such financial products. For example: (i) should an attorney advise FinTech clients or users when considering the requirements under Rule 1.1 (Attorney Competence) in light of radically shifting laws and regulations in this space; (ii) should attorneys raise moral, economic, and social concerns for clients’ consideration under Rule 2.1 (Attorney as Advisor); and (iii) questions regarding clients that may be offering financial products in “grey” areas or where such products could be viewed as violating law or regulation under Rule 1.2 (Scope of Representation).
Faculty:
Brad Rustin Esq, Partner, Nelson Mullins Riley & Scarborough LLP
October 26, 2022 @ 8:00 – 9:00 AM
Online 1 Hour SC CLE 921785ADO
This presentation is about Blockchain—a new disruptive technology with the potential to transform the way we manage information as we know it.
Blockchain is more than just Bitcoin and cryptocurrency; blockchain is transforming the way we create, disseminate, track, trace, analyze, and verification information.
Blockchain is an information and communication management platform that facilitates immutable transactions between two or more parties using a network of independently distributed databases without common processors. Blockchain reduces or removes risk from organizational or business transactions by creating transparent decentralized ledgers thus lifting trust between parties. Blockchain is promising to disrupt industries, productions processes, applications and services in financial services, records management, healthcare, intellectual property management, hospitality, art industries, library, and information services, supply chain management, service and product reviews, revenue collection and administration and many more.
The focus of this seminar will be how to use the emerging technology of Blockchain to establish/maintain property rights and privacy in South Carolina.
Faculty:
Dr. Gordon Jones, DHA, MHSA, PAHM, PPM, CBP
October 19, 2022 @ 8:00 – 9:00 AM
Online 1 Hour SC CLE credit 921786ADO
Justin Kahn will discuss the creation and use of visual tools for effective trial advocacy, ranging from photos to the more advanced such as computer-generated re-enactments. He will explain why some visuals are admitted into evidence, while others may only be used for demonstrative purposes. And he will share the benefit of using visuals, not just to communicate with and persuade the jury but also to prepare yourself and your case for trial. Included will be a discussion of useful apps and technology, and preservation of issues related to the use of visuals, particularly those not admitted into evidence, for appeal.
Whether you are a plaintiff or defense attorney, this program will provide you with the courtroom technology tools and strategies you need to win your next case.
Faculty:
Justin Kahn Esq., Attorney, Kahn Law Firm
October 3, 2022, 2:00 PM Update - Unfortunately our presenter Jarrod Stuard had to postpone his presentation due to an important matter. He will reschedule for January 2023. We will refund anyone who paid for the seminar and we will let you know as possible when our next seminar will be held this semester.
This session will cover the basics of Bitcoin and blockchains. It will highlight important distinctions between blockchains and the traditional financial system, particularly as related to security and investigations. The session will also cover high level developments in the cybersecurity legal landscape and provide perspective on what those mean for advising clients as an in-house counsel.
Faculty:
Jarrod Stuard, Director of Security Legal, Coinbase
September 7, 2022 @ 8:00 – 9:00 AM
Online 1 Hour CLE 920272ADO
Jason Schmidt is a Senior In-House Attorney for Kyndryl, a 2021 spinoff of IBM that immediately became the largest IT Infrastructure Services company, serving over 75% of the Fortune 100 companies with offices in over 60 countries.
Jason’s remarks will center around how technology impacts his practice as an in-house attorney both in his day-to-day work advising internal clients and in obtaining advice from outside counsel as the client. He will discuss how this evolution has reshaped how commercial attorneys need to advise business clients in enterprises of all sizes how to manage legal and commercial risks in a world where a single click, tweet, or server outage can expose a firm to millions of dollars in risk. He will have particular focus on how the quickly changing global data privacy and security regulatory landscape and mass migration to the cloud requires every business, regardless of industry, to become more aware of the global business risks inherent in procuring and utilizing technology and ways we can help our clients understand and manage that risk.
Faculty:
Jason Schmidt, Senior In-House Attorney, Kyndryl
April 5, 2022 @ 8:00 – 9:00 AM Online 1 Hour CLE 227126ADO
As per the DeFake Project, “Deepfake technology has slashed the amount of knowledge and time it takes for bad actors to generate believable malicious video content.” These fake audios and videos can lead to disinformation of news organizations, governments, government leaders and celebrities. The results can be a loss of trust in the news media, adversely affect democracies and severely damage the reputations of high-profile individuals.
Deepfake technology has also been used in cybercrime. In one incident, a deepfake phone call of a company director to a Hong Kong bank manager, combined with a business email compromise between the company and a lawyer resulted in the theft of $35 million. As this incident shows, deepfakes can also result in lost revenue, interruption of business practices and additional expenses, such as forensic investigations and risk mitigation.
Due to the financial and reputational harm deepfakes have caused, lawyers need to be cognizant of Deepfake technology. As attorney Rachael Lewis Anna notes in a recent SC Lawyer article “education and training are critical for law firms and organizations to prevent deepfakes from impacting their firms and clients.”
Join us on April 5 as Rachael Lewis Anna. Member, Wyche, P.A. and John Sohrawardi, team member of the DeFake project and Ph.D. at B. Thomas Golisano College of Computing and Information Sciences, Rochester Institute of Technology as they will talk about the use of deepfakes in media disinformation and cybercrime. Our presenters will also discuss how AI research can develop tools to detect deepfake videos, as well as what plans lawyers and businesses can put in place to address deepfake technology issues.
Faculty
Rachael Anna, Esq., Member, Wyche, P.A.
John Sohrawardi, PhD at B. Thomas Golisano College of Computing and Information Sciences,
Rochester Institute of Technology
Speaker Descriptions
Rachael Lewis Anna – Rachael Lewis Anna (CIPP/US, CIPP/E,CIPM) is a Member of Wyche’s Litigation Team. Her practice focuses on complex business litigation and data protection. She has represented clients in antitrust, trade secret, unfair trade practice, False Claims Act, healthcare, contractual, and professional malpractice disputes.
Through her work on bet-the-company cases, and also directing an electronic discovery and information security service business, Rachael has developed a deep understanding of complicated issues facing clients who manage large amounts of data. She regularly advises clients regarding data protection, privacy, information management and security, electronically stored information, and discovery matters. She has extensive experience with investigations and litigation that involve forensic examination of electronically stored information.
Rachael is a Certified Information Privacy Professional (United States and Europe), a Certified Information Privacy Manager, and a member of The Sedona Conference’s Data Security and Privacy Liability Working Group 11. Prior to joining Wyche, Rachael practiced with firms in Greenville, SC, Washington, DC, and Chicago, IL. Rachael earned a Bachelor of Arts and a law degree from Wake Forest University. She is based in Wyche’s Greenville office.
John Sohrawardi – is a Ph.D. student at B. Thomas Golisano College of Computing and Information Sciences, Rochester Institute of Technology working at the ESL Global Cybersecurity Institute. He did his undergraduate studies in Computer Science and Engineering from North South University in Bangladesh and spent several years in Web Development, User Experience research and design.
He is the student lead for the DeFake project, studying journalists to help them with the development of tools and methodologies for deepfake video detection. Through his work and academia experience he has developed a great understanding of user centered application design, user privacy, and computer vision.
March 24, 2022 @ 8:00 – 9:00 AM Online
1 Hour SC Ethics/LEPR CLE credit 226177ADO
Lawyers, to borrow a term from Peter Drucker, are “knowledge workers.” Our stock-in-trade is applying knowledge to information in order to solve problems on behalf of clients.
In the information age, we can store, process, and share so much information for only a small fraction of what it cost to do so just a few years ago. Plus, we can search information in ways we never thought possible.
If we have room and it doesn’t cost too much, then why not just keep it all? Similarly, since we don’t know all the ways that new technologies might allow us to use information in the future, why not collect as much information as we can? If indeed “data is the new oil,” then don’t we want as much of that sweet crude as we can handle?
A “collect and keep it all” strategy might make sense if you were sure that information (and particularly information for which you owe a duty of confidentiality and the duty to safeguard the client file) could never be compromised. For better for worse, however, information stored electronically is at risk.
The legal landscape around this risk is changing. This presentation will describe the emerging regimes that are creating new duties and potential liabilities around the collection and retention of information. Lawyers’ ethical obligations around in this shifting landscape will also be discussed.
Faculty
Jack Pringle, Partner, Adams and Reese LLP
David Sella-Villa, Interim Chief Privacy Officer, State of South Carolina and Adjunct
Professor of Law, University of South Carolina School of Law
Rick Oppedisano, President and CEO of Delta Bravo in Rock Hill
Speaker Description: Jack Pringle is a partner with Adams and Reese, LLP in Columbia. Jack focuses his practice on privacy, information security, and information governance, administrative and regulatory law; public utilities; land use litigation; and class action litigation.
Jack helps businesses protect, manage, and communicate information lawfully and effectively, and has received the Information Privacy Professional (CIPP-US) designation from the International Association of Privacy Professionals (“IAPP”).
With an Information Privacy Professional (CIPP-US) designation from the International Association of Privacy Professionals (IAPP), Jack helps businesses protect, manage, and communicate information lawfully and effectively. He guides clients through information incidents, data breaches, and related threats in connection with federal and state breach notice and personal information and privacy laws, including notification, mitigation, regulatory response and resulting lawsuits and investigations. Jack helps organizations strengthen their information security programs by evaluating potential cybersecurity insurance coverage, developing, and testing incident response plans, and helping clients create and implement appropriate security policies and training.
Jack has been a regular speaker and writer on technology in law, ethical issues in
relation to technology in law, and wellness and well-being issues. He has spoken before/at
the University of South Carolina School of Law, Vanderbilt University School of Law,
Association of Corporate Counsel-South Carolina, Richland County Bar Association,
the South Carolina Bar, the Georgia Bar Convention, the South Carolina Association
of Counties, the Canadian Bar Association, the South Carolina Defense Trial Lawyers
Association, the South Carolina Association of County Attorneys, the South Carolina
LPM-Tech Conference, the Greenville County Association of Criminal Defense Attorneys,
The South Carolina Public Service Commission/SC Office of Regulatory Staff, the SC
Council of School Attorneys, the SC Association of County Attorneys and the SC Workers’
Compensation Education Association, among others.
Over the past couple of years, Jack has spoken and written frequently on emerging technology and its ethical and best use in legal practice and beyond.
Speaker Description: David Sella Villa is the Chief Interim Privacy Officer for the State of South Carolina. He is also an Assistant General Counsel for the South Carolina Department of Administration assigned to technology issues. David works on procurement and policy matters related to privacy, security, service consolidation, and data management.
David is also an Adjunct Professor of Law at the University of South Carolina School of Law, where he teaches Data Privacy Law. He holds the IAPP’s CIPP/US & CIPP/E privacy certifications and the GIAC’s GLEG data security certification. David is also a member of the SC Interagency Drone Users Consortium.
Prior to joining the Department of Administration, David worked as General Counsel for a private aviation company. He earned his law degree from the College of William & Mary, where he continues to serve as Adjunct Faculty. He also has degrees from the London School of Economics and West Virginia University. His interest in legal issues related to drones blends his current work on privacy & technology with his prior experience in the world of aviation.
Speaker Description: Rick Oppedisano is an experienced entrepreneur with experience growing companies from startup to $100M exits. Rick was named to M&A Advisor’s National Top 40 Under 40 in 2014. He was featured on national television network A&E’s American Entrepreneur series and in November 2018, was featured on the cover of Smart Manufacturing Magazine’s AI Innovation issue.
Prior to Delta Bravo, Rick led the Global R&D team for a publicly-traded company focused on Data Modernization. He was also an Executive Director at Azaleos, a fast-growth company that was acquired by Avanade in 2012. Rick has been a part of two other successful startups and serves on the board for PGE Capital.
Delta Bravo is an enterprise-level platform driven by artificial intelligence and machine learning that integrates data to determine IT-related, security or compliance issues, assist with cloud transformation and provide self-service AI capabilities.
Rick is a frequent speaker on AI in manufacturing and how AI is changing the manufacturing game. For this CLE, he will provide reaction to Jack Pringle’s presentation and perspective from someone who is tapped into AI and data security on a daily basis.
February 22, 2022 @ 8:00 – 9:00 AM Online
1 Hour SC Ethics CLE 225644ADO
Register for the February 22 Seminar
In November 2019, South Carolina became the 38th state to require technology competency of its lawyers. Comment 6 to Rule 1.1 of the South Carolina Rules of Professional Conduct now notes that “To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including a reasonable understanding of the benefits and risks associated with technology the lawyer uses to provide services to clients or to store or transmit information related to the representation of a client…”
It is not just large and medium size firms that need to be proficient in technology. Small and solo firms, as well as agency and governmental legal departments, also need to be technologically proficient. It is critical that lawyers use technology to deliver legal services in a more efficient way, to ensure the security and privacy of their clients’ data and communications, and to provide the best outcomes for their clients.
Join our panelists Byron Gipson, John Mobley, Katherine Myers, Carl Solomon, and Joseph
Wideman as they discuss their use of technology on a daily basis in providing the
best legal services for their clients.
Topics to be discussed include.
- How technology is used in your firms/offices.
- How the evolution of technology has impacted your practice.
- What ways does technology assist in client outcomes (settlements, cases, etc.)?
- How does your office secure client communication and client data as it relates to the ABA and South Carolina Rules of Professional Conduct?
- How does the solicitor’s office use technology? Does it help or hurt?
- Do you see technology being bias in any way or has technology helped the legal system
remain neutral when it comes to evidence?
Faculty
Byron Gipson, Solicitor of the Fifth Circuit
John Mobley Esq., Principal, John Mobley Law Firm
Katherine Myers Esq., Senior Attorney, Burnette Shutt & McDaniel, PA
Carl Solomon Esq., Owner, Solomon Law Group
Joseph Wideman Esq., Atkins Law Firm
Speaker Descriptions:
Byron Gipson - Byron E. Gipson became the Solicitor of the Fifth Circuit on January 9, 2019. Prior to that time, he practiced with the law firm of Johnson, Toal & Battiste, P.A. for twenty-one years in the areas of criminal defense and personal injury, becoming a partner in 2005. He tried numerous cases including high-profile murder and violent crimes. Mr. Gipson graduated from the College of Charleston with degrees in English and Political Science. He later received his J.D. from the University of South Carolina School of Law. After graduation, Mr. Gipson became law clerk to the Honorable L. Casey Manning, Chief Administrative for the Fifth Judicial Circuit.
In 2000, Mr. Gipson was appointed to the South Carolina Humanities Council Board of Directors by Governor Jim Hodges. He was later elected as the Chairman of the Humanities Council in September 2004. In 2010, he was appointed by the South Carolina Supreme Court to serve on The Committee on Character and Fitness. Mr. Gipson is also a board member of the South Carolina Bar Foundation and is past Chair of the Municipal Election Commission. He is currently a member of the Richland County, South Carolina, and National, and American Bar Associations.
John Mobley - John Mobley is the Principal of the John Mobley Law Firm, with offices in Greenville and Columbia, South Carolina. John is a native of Columbia, South Carolina and received his Bachelor of Arts from Boston University in 1990. He earned his juris doctor degree from University of South Carolina School of Law in 1993 and has been in private practice for more than 25 years. He works hard to establish and maintain relationships with leaders from across the community. His areas of practice include criminal law, including federal court and DUI, auto accidents, workers compensation, general civil litigation, defective drugs and devices, wrongful death, and medical malpractice.
John was admitted to the South Carolina Bar, South Carolina Supreme Court, United States Fourth Circuit District Court. He has served as a legal correspondent for news stations and has been a lecturer on various legal topics, including as a former Adjunct Professor for the University of South Carolina. He also Former Commissioner on the State Ethics Commission and a former Municipal Judge, former Special Prosecutor (5th Judicial Circuit).
Katherine Myers – Katherine Myers is a Senior Attorney at Burnette Shutt & McDaniel, PA. Katherine received her Bachelor of Science in Political Science, Cum Laude from Furman University in 2010 and her JD from the University of South Carolina School of Law in 2013.
Katherine began her legal career clerking for South Carolina Supreme Court Chief Justice Donald Beatty. A prosecutor turned defense lawyer; Katherine worked in the First Circuit Solicitor’s Office in Orangeburg before entering private practice. In her role as an assistant solicitor, her focus was on domestic-violence and DUI cases.
In addition to her criminal law practice, Katherine has fought for individuals in other areas of the law as well. She served for a time as an attorney in the South Carolina Department of Labor, working in the Occupational Safety and Health Administration division. Her work included serving as lead investigator in whistleblower cases, investigating complaints from employees who were demoted or retaliated against after reporting wrongdoing.
A native of Columbia, Katherine cares deeply about her hometown and about giving back. Those efforts began in law school when she participated in free legal clinics in the community. She’s been recognized for her work, with honors such as the South Carolina Young Lawyers President’s Award and the Living the Legacy Award from the National Association of Colored Women.
Carl Solomon – Carl Solomon is the Owner of the Solomon Law Group. Mr. Solomon graduated with his Bachelor of Science degree from Florida State University in 1991 and received his JD from the University of South Carolina School of Law in 1994.
Mr. Solomon had a vision of leading a law firm that was known for its extraordinary client approach and exceptional delivery of legal services. He believed that with the right lawyers and the right staff, the client would receive the type of representation he or she deserved. He believed the firm should not only help the client, but also provide a way to give back to the community.
To meet these goals, Mr. Solomon helped create a well-run and respected law firm, the Solomon Law Group, that is rooted strongly in values, engages in best business practices, and provides delivery of exceptional legal work product in the field of injury law. The Solomon Law Group provides legal assistance to all citizens of South Carolina in personal injury, car accident, truck accident, product liability, negligence, and other cases.
Mr Solomon is a member Richland County Bar Association, Member of the American Bar Association, and a Member of the South Carolina Bar, where he was President from 2010-2011. Mr. Solomon has been recognized by Best Lawyers of America, South Carolina Super Lawyers and is a member of the Million Dollar and Multi-Million Dollar Advocates Forum.
Joseph Wideman - Joseph “Joe” Wideman, Jr., joined the Atkins Law Firm in the spring of 2019. Prior to coming to Atkins Law Firm, Joe spent roughly three years with one of the Carolinas’ leading workers’ compensation defense firms representing businesses and insurance companies. It didn’t take Joe long to realize that he wanted to make the switch to representing injured workers. It’s among the best decisions he has ever made. Joe has found a niche where he can use his knowledge and drive to help people who have been hurt on the job and feels blessed to have the opportunity to put his talents to use.
Joe was born and raised in Belton, South Carolina and comes from a long-line of working-class
folks. The first male in his family to attend college, Joe played Division I football
and was a team captain for two years while at Presbyterian College (PC). Joe graduated
from Presbyterian in 2013 with a major in Business Management and Accounting. Since
graduating from PC, Joe continues to serve his alma mater and currently is a member
of the Young Alumni Board and holds a board position for the Midlands Alumni Chapter
here in Columbia.
After graduating from PC, Joe pursued his legal education at the University of South
Carolina School of Law, where he graduated in 2016. While in law school, Joe proudly
served as President of the Honorable Matthew J. Perry Chapter of the Black Law Student
Association “BLSA”. He also served as the National Financial Secretary for the National
Black Law Student Association “NBLSA”. Joe spends a lot of his free time mentoring
others as a way to give back to the community.
February 3, 2022 @ 8:00 – 9:00 AM
Online 1 Hour SC CLE 224713ADO
Register for the February 3 Seminar
Professor Joseph Seiner, the Oliver Ellsworth Professor of Federal Practice at the University of South Carolina School of Law, will discuss some of the highlights of his recently published book with Cambridge University Press, The Virtual Workplace: Public Health, Efficiency, and Opportunity. The recent pandemic has crystalized the important relationship between technology and employment.
With tens of thousands of workers required to suddenly work from home, a significant portion of these employees were forced to quickly learn emerging technologies on-the-job. Professor Seiner will discuss the blending of the traditional brick-and-mortar workplace with the advanced technologies that now make it possible to work remotely. He will address the difficulties of trying to regulate in this area, discussing how the decades old employment laws do not fit neatly with the modern economy and workplace.
Professor Seiner will also address the emerging issues of virtual work, including the definition of employment, litigating cases in this area, unionizing workers, and preventing harassment. He will note some of the significant ethical concerns in these areas, including how employers can best address issues related to worker isolation and abuse, and he will discuss some of his predictions for the future of employment and virtual work.
Faculty
Professor Joseph Seiner, Oliver Ellsworth Professor of Federal Practice, University of South Carolina School of Law
Speaker Description: Joseph Seiner is a Professor of Law and the Oliver Ellsworth Professor of Federal Practice at the University of South Carolina School of Law. Professor Seiner received his B.B.A., with High Distinction, from the University of Michigan in 1995, where he was an Angell Scholar. Professor Seiner received his J.D., Magna Cum Laude, Order of the Coif, from the Washington and Lee University School of Law, in 1998. Professor Seiner was a lead articles editor for the Washington and Lee Law Review.
Following law school, Professor Seiner clerked for the late Honorable Ellsworth Van Graafeiland of the U.S. Court of Appeals for the Second Circuit. After his clerkship, he practiced law with Jenner & Block, LLP, in Chicago, Illinois, where he focused on labor and employment matters. In September 2001, Professor Seiner accepted a position as an appellate attorney with the U.S. Equal Employment Opportunity Commission in Washington, D.C., where he presented oral argument as lead counsel in the United States Courts of Appeals in employment discrimination cases.
Prior to joining the faculty at the University of South Carolina School of Law, Professor Seiner was an adjunct professor at the Georgetown University Law Center, where he developed and taught a seminar on comparative employment discrimination. Professor Seiner has published twenty law review articles, all in prestigious journals, including the Notre Dame Law Review, the Boston University Law Review, the Iowa Law Review, the Boston College Law Review, the William and Mary Law Review and the Fordham Law Review, among others.
In 2017, Professor Seiner published The Supreme Court’s New Workplace with Cambridge University Press, a book which examines the intersection of workplace and procedural case law in the federal courts. In 2021, he published another book with Cambridge University Press, The Virtual Workplace, which explores how recent technological developments have impacted both employees and employers. This book further examines the role of the pandemic in shaping employment law and virtual work.
Professor Seiner has been featured in a number of national media sources, including The New York Times, The Wall Street Journal, CNN, and Fortune. Professor Seiner is an author and co-editor of the Workplace Prof Blog. Upon invitation, Professor Seiner has submitted written testimony to committees in both the U.S. Senate and the U.S. House of Representatives. Professor Seiner teaches courses in the labor and employment law area.
Ben Madden, VP of HR/Facility Security Officer for the Ambit Group
Speaker Description: Ben Madden is Vice President of HR and Facility Security Officer for the Ambit Group. Prior to joining Ambit, Ben helped with HR department creation and oversight in a wide range of industries including retail, government contracting and high-tech start-ups. Ben also has a background in HR technology.
Ben has a MS in Organization Development from American University and BA in Psychology from the University of Michigan.
Ben currently serves on the board of the Northern Virginia Chapter of the Society of Human Resource Management helping to support other HR practitioners within the greater DC area.
September 15, 2021 @ 8:00 – 9:00 AM Online
1 Hour Ethics CLE
Once again, powerful computer technology tools and ideas (e.g. artificial intelligence “AI”, machine learning, deep learning, big data) dominate the headlines. And like previous tools (email, cloud computing, electronic discovery), these technologies are held up as be both the cause of, and solution to, all of life’s problems. (Apologies to John Swartzwelder).
AI undoubtedly has great potential to enable analysis and insight in a host of areas. However, as with all computer technology tools, attorneys are required to understand the benefits and risks associated with AI, for their own practices, in order to advise their clients, and to take part in the larger policy discussion regarding technology applications.
This presentation will attempt to demystify AI, by unpacking and exploring what we mean by “data,” “knowledge,” “learning,” and “intelligence,” both for computer tools and human lawyers. By understanding what “intelligence” really means, lawyers and future lawyers can take an active role in helping to shape the appropriate and ethical use of AI and other “God-like technology.” (Apologies to E.O. Wilson).
Faculty
Jack Pringle Esq., Partner, Adams and Reese, LLP in Columbia
Speaker Description: Jack Pringle is a partner with Adams and Reese, LLP in Columbia.
Jack focuses his practice on privacy, information security, and information governance; administrative and regulatory law; public utilities; land use litigation; and class action litigation. Jack helps businesses protect, manage, and communicate information lawfully and effectively, and has received the Information Privacy Professional (CIPP-US) designation from the International Association of Privacy Professionals (“IAPP”).
With an Information Privacy Professional (CIPP-US) designation from the International Association of Privacy Professionals (IAPP), Jack helps businesses protect, manage, and communicate information lawfully and effectively. He guides clients through information incidents, data breaches, and related threats in connection with federal and state breach notice and personal information and privacy laws, including notification, mitigation, regulatory response and resulting lawsuits and investigations. Jack helps organizations strengthen their information security programs by evaluating potential cybersecurity insurance coverage, developing, and testing incident response plans, and helping clients create and implement appropriate security policies and training,
Jack has been a regular speaker and writer on technology in law, ethical issues in relation to technology in law, and wellness and well-being issues. He has spoken before/at the University of South Carolina School of Law, Vanderbilt University School of Law, Association of Corporate Counsel-South Carolina, Richland County Bar Association, the South Carolina Bar, the Georgia Bar Convention, the South Carolina Association of Counties, the Canadian Bar Association, the South Carolina Defense Trial Lawyers Association, the South Carolina Association of County Attorneys, the South Carolina LPM-Tech Conference, the Greenville County Association of Criminal Defense Attorneys, The South Carolina Public Service Commission/SC Office of Regulatory Staff, the SC Council of School Attorneys, the SC Association of County Attorneys, and the SC Workers’ Compensation Education Association, among others.
Rick Oppedisano, President and CEO of Delta Bravo in Rock Hill Rick Oppedisano is an experienced entrepreneur with experience growing companies from startup to $100M exits. Rick was named to M&A Advisor’s National Top 40 Under 40 in 2014. He was featured on national television network A&E’s American Entrepreneur series and in November 2018, was featured on the cover of Smart Manufacturing Magazine’s AI Innovation issue.
Prior to Delta Bravo, Rick led the Global R&D team for a publicly-traded company focused on Data Modernization. He was also an Executive Director at Azaleos, a fast-growth company that was acquired by Avanade in 2012. Rick has been a part of two other successful startups and serves on the board for PGE Capital.
Delta Bravo is an enterprise-level platform driven by artificial intelligence and machine learning that integrates data to determine IT-related, security or compliance issues, assist with cloud transformation and provide self-service AI capabilities.
Rick is a frequent speaker on AI in manufacturing and how AI is changing the manufacturing game. For this CLE, he will provide reaction to Jack Pringle’s presentation and perspective from someone who is tapped into AI and data security on a daily basis.
October 6, 2021 @ 8:00 – 9:00 AM Online 1 Hour CLE
Professor Bryant Walker Smith, who has been involved in automated driving for over a decade, will offer a technical
primer on vehicle automation, correct some of the misconceptions that continue to
plague legal and policy discussions of this topic, present a broad view of the ethical
challenges of increasing automation, and share his perspective on key legal issues
related to automated vehicles and other emerging transport technologies. His talk
will build from his scholarship, including the materials available at newlypossible.org.
Dr. Matthias Schmid of Clemson University and CU-ICAR will offer commentary and industry
reaction to Professor Bryant Walker Smith’s presentation, lending a view inside real-world
application and issues/effects here in South Carolina that arise from the implementation
of these emerging technologies.
Faculty – Bryant Walker Smith, Associate Professor, University of South Carolina School of Law and (by courtesy) the School of Engineering at the University of South Carolina in Columbia;
Dr. Matthias Schmid, Clemson University Research Assistant Professor, Faculty Adviser in Autonomy – Deep Orange 12
Speaker Descriptions:
Bryant Walker Smith is an associate professor in the School of Law and (by courtesy) the School of Engineering at the University of South Carolina. He is also an affiliate scholar at the Center for Internet and Society at Stanford Law School and co-director of the University of Michigan Project on Law and Mobility. He previously led the Emerging Technology Law Committee of the Transportation Research Board of the National Academies and served on the US Department of Transportation's Advisory Committee on Automation in Transportation.
Dr. Matthias J. Schmid is a Research Assistant Professor in the Department of Automotive Engineering at Clemson University located at the International Center for Automotive Research in Greenville, SC. He received the M.S. and Ph.D. degree in aerospace engineering from the University at Buffalo, The State University of New York. He also received an undergraduate and graduate education from the Technical University of Darmstadt (Germany) in business administration and electrical engineering.
Dr. Schmid is rooted in the automotive sector by having previously served in various roles at M. J. Schneider GmbH, Germany. His research interests lie in the modeling of stochastic dynamic systems, vehicle dynamics, estimation theory, sensor fusion, advanced control theory, and numerical methods with current funding from federal, state, and industry sources.
Dr. Schmid has received several awards in recognition of his work, including Best Paper Awards, the Professor Emeritus Howard Strauss Memorial Award from the University at Buffalo, as well as scholarships from the Ulderup Foundation and the German National Scholarship Foundation. He is an advisory board member of the German Academic International Network.
October 20, 2021 @ 8:00 – 9:00 AM Online 1 Hour CLE
The practice of law, like other industries and the rest of the world, is changing quickly, even more so in the midst of the COVID-19 pandemic. This presentation will look at shifting the legal practice to a more client-focused business, implementing technology into firms that allows for ease of access by clients.
Technology and cloud-based data storage is not only helpful, but this presentation will also address potential ethical violations that may arise with the failure of a firm to keep up with technology, resist going paperless, and fail to take seriously and employ third party help in the proper management of client data.
Faculty
Douglas Kim, Esq., Partner & Founder, Kim & Lahey Law Firm in Greenville
Speaker Description: Doug Kim is a partner and founder of Kim & Lahey Law Firm in Greenville.
Doug, a Physics major from Davidson College, began his professional career as a computer programmer and software engineer. His intellectual property career began in 1998 when he combined his business experience with his legal education and was involved with enforcing a client’s patent against multiple infringers. Since then, Doug has created a well-rounded IP practice that provides legal solutions and strategies tailored to each client from multinational corporations to start-ups.
Doug provides his client with strategies to protect inventions (patents), brands (trademarks), websites, software, apps, music, photos, and websites (copyright, licenses, and Internet law), and trade secret (the “secret sauce”). Through the creation of intellectual property rights and their enforcement, Doug seeks to develop legal strategies that fit clients’ business goals and increase the company’s worth. Doug also assists clients with drafting, negotiating and reviewing license, assignment, independent contractor and employment agreements as they pertain to intellectual property and ownership. Doug’s business background and legal education and experience make him well suited to understand the interaction between the legal services available to a client, a company’s available resources and the client’s business goals.
Doug has been recognized by Super Lawyers and as 2021 Legal Elite of the Upstate, among numerous other legal awards. Most recently, Doug has been recognized as Best Lawyers, Best Trademark Lawyer, Greenville, 2022.
Rob Moser, COO of DartPoints in Greenville
Speaker Description: Rob Moser is the Chief Operating Officer DartPoints in Greenville
As the company’s COO, Rob directs DartPoints’ data center operations across all data center facilities. Rob joined DartPoints after over 20 years in technology-oriented organizations, most notably NCR and Solectron Corporation. At DartPoints, Rob ensures the highest level of customer satisfaction through the delivery of a highly dependable and scalable set of services.
For this CLE, Rob will provide reaction to Doug Kim’s presentation and perspective from someone who works day-to-day in data management.
November 3, 2021 @ 8:00 – 9:00 AM Online 1 Hour SC Ethics CLE
For over a decade, the law has recognized the merger of the digital age with traditional discovery. Nonetheless, the area of electronic discovery is still mystifying for some. This presentation will serve as a primer, focusing on the fundamentals of electronic discovery by highlighting the key areas that every lawyer should consider while navigating a case through e-discovery. This presentation will also address potential ethical violations that could arise from lack of understanding the relevant ethical rules and the current legal landscape.
Lt. Dove from the SLED Computer Crime Center will provide reaction to the presentation and provide valuable advice to attendees in keeping client information safe, as well as providing insight into the use of computer and cell phone forensics in legal cases.
Faculty
Donna Tillis Esq., Senior Associate, Nelson Mullins Riley & Scarborough LLP in Columbia
Speaker Description: Donna Tillis is a senior associate at Nelson Mullins Riley & Scarborough LLP in Columbia.
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Donna is a business litigator who practices in the areas of financial services, class action defense, insurance coverage and bad faith claims, and construction defect. In the financial services space, Donna focuses her practice on addressing a variety of financial services issues, litigation and client projects addressing a variety of financial service issues, including the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Uniform Commercial Code, and the South Carolina Consumer Protection Code. In her practice, Donna has developed substantive knowledge of issues related to electronic discovery as well as document collection, review, and production. She also has a robust pro bono practice where she represents veterans with family law issues through the Lawyers 4 Vets program. Donna is a 2014 graduate of the University of South Carolina School of Law, where she was the first black Editor in Chief of the ABA Real Property, Trust & Estate Law Journal and recipient of the Bronze Compleat Lawyer Award. Donna was recently recognized in The State’s newspaper’s Top 20 Under 40 Class of 2021.
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Lieutenant D. Britt Dove, Supervisory Agent, SLED Computer Crime Center
Lieutenant D. Britt Dove is currently the supervisory Agent for the South Carolina Law Enforcement Division’s (SLED) Computer Crime Center. He holds a Bachelor of Science degree from the University of South Carolina and is a graduate of the FBI Carolina Command College. Lt. Dove began working at SLED in 2008. Prior to this, he was an Investigator with the West Columbia Police Department, handling cases involving child and elder abuse, sexual assaults, homicides, white collar, and property crimes.
Lt. Dove is an active member of the U.S. Secret Service Electronic Crimes Taskforce, FBI Cyber Taskforce, the S.C Attorney General’s Internet Crimes Against Children Taskforce (ICAC), South Carolina Fraud Watch Coalition Member, and the Association of State Criminal Investigative Agencies Cybercrime Working Group. Lt. Dove has testified as an expert witness in computer and cell phone forensics.
January 13, 2021 — Jack Pringle, Esq., Partner, Adams and Reese, LLP in Columbia
Artificial intelligence (AI) systems are playing significant roles in decision-making processes that affect our lives. However, decisions made in a “black-box” fashion (such as algorithms hidden from view or evaluation), rarely inspire confidence or build trust. Moreover, opaque decision-making may run afoul of legal frameworks (for example the Fair Credit Reporting Act) that require support for certain decisions.
Because of the significance of the decisions that AI makes, the decision-making AI should be explainable and trustworthy.
Scientists from the National Institute of Standards and Technology (NIST) have proposed four fundamental principles explainable AI:
- Explanation. Systems deliver evidence or reasons for all their outputs.
- Meaningful. Systems provide explanations that are meaningful or understandable to individual users.
- Explanation Accuracy. The explanation correctly reflects the system’s process for generating the output.
- Knowledge Limits. The system only operates under conditions for which it was designed or when the system reaches a sufficient confidence in its output. (If a system has insufficient confidence in its decision, it should not supply a decision to the user.)
[The Four Principles for Explainable Artificial Intelligence, Draft NISTIR 8312, August 2020.]
This NIST draft also asks whether human decision-making can satisfy these principles. NIST concludes that human decision-making can only do so (if at all) in a limited way, due to how our brains consciously and unconsciously process information. Comparing AI system decision-making with the human decision process can help us evaluate the relative risks and benefits of using AI systems, and learn more about the upside and pitfalls of our own human decision-making systems.
This presentation will address some of the cognitive biases (reasoning flaws) that may affect not only legal decision-making processes, but health and well-being choices. By learning to be aware of cognitive bias and the way it may influence our thoughts and actions, we can improve our decision process — and hopefully our choices.
- 1 hour SA/MH CLE credit (211724ADO)
January 27, 2021 — Jason Lockhart, Mark Davis, Ryan Adams, and John Stroud of McAngus Goudelock & Courie.
Recognizing that ideas and change can be found within any level of our organization, MGC extended an innovation challenge to their attorneys. The Insurance Defense Incubator challenged the firm’s lawyers to develop ideas that would improve processes, increase efficiencies and lead to enhanced client service. In response to the challenge, 18 attorneys presented their ideas in a “Shark Tank” style pitch to a team comprised of attorneys, practice management specialists and financial analysts. Proposals were scored based on creativity, practicality, disruptiveness, symbiosis and scale of importance.
The firm is currently at work on two projects; with one project focusing on workers compensation claims and the second focusing upon more traditional personal injury litigation.
The purpose of the workers compensation project is to collect and analyze data related to medical opinions in workers’ compensation claims to develop predictive software and other tools that will assist attorneys and clients in estimating exposure and choosing favorable physicians. Using this analysis, the firm will develop technological tools to objectively measure how much a particular physician’s opinion differs from other physician’s opinions for the same injury. This data-driven tool will provide an aggregate average of this measurement for each physician, taking into account all opinions that physician made on claims with more than one opinion. Eventually, the data driven tool will provide additional statistics for each physician, including average treatment time, and average overall cost of medical treatment, which will assist in measuring the life of the claim, cost of the claim, and selection of favorable physicians.
Traditionally, attorneys used to burn outdated copies of case law reporters and review the leftover scorch markings to assess a case. Some newer attorneys have resorted to law school notes and student loan bills. No more, we said at MGC! We’ll use data science!
The purpose of the personal injury litigation project is to provide attorneys a tool to accurately evaluate a case based on relevant, historical data. No longer will the firm’s attorneys resort to the “reading the tea leaves” when explaining to the client how much a case will cost and how much a case should settle for. Using historical data from past settlement agreements along with other factors when determine a case’s value, we hope to learn insights into the legal community not readily known to others. This data drive tool will provide a concrete foundation for which a case’s evaluation rests upon. Further, the model will be able to predict outcomes based on the attorneys that are involved and other data points that may be important, but not considered. An example question usually not considered is “How has past historical economic factors impact case resolution costs?” Can the market be used as an indicator for how claims will pan out? These are the kinds of analyses that our data driven tool will hope to provide to propel MGC to the forefront of Litigation Tactics.
Data science has the potential to transform the practice of law, but implementation has many challenges. The potential for bias and discrimination exists where the predictive model includes personal characteristics such as ethnicity, gender, education, work history, medical history, and venue. As in many AI-generated models, the contributing variables are not visible to the end user. Where the solution is designed to influence human behavior and decision-making, how can we build solutions that weigh the consequences of choices to select moral outcomes, act in accordance with social norms, and have accountability to society as a whole?
In addition to these general concerns about the impact of this emerging technology, lawyers carry an additional burden to ensure the development and application of these technological solutions comport with professional responsibility and ethical obligations. This session will address the ethical challenges of the application of data science to law, the role of the lawyer in building and maintaining technological applications, and the potential conflicts with the rules of professional responsibility that arise with machine learning and utilization of insights from data.
So, where do we go from here? Given the rapidly changing legal and business industries, we believe our willingness to adapt and innovate is more important than ever. In order for us to stay out front and provide our clients with the best service possible, we need to continue to assess our processes and technologies and find ways to improve efficiencies.
Ryan Adams and John Stroud are both associates in MGC’s Charleston, South Carolina office. Mark Davis is a member in MGC’s Charleston, South Carolina office, and Jason Lockhart is a member in MGC’s Columbia, South Carolina office.
- 1 hour Ethics CLE credit (211726ADO)
February 10, 2021 — Dr. Daniel Martin Katz, Professor of Law, Chicago Kent School of Law, Founder & Director at The Law Lab @ Illinois Tech — Chicago Kent College of Law and VP, Data Science & Innovation, Elevate Services
In this talk, Dr. Katz will briefly discuss the field of AI and Legal Technology. Next, he will discuss three forms of prediction — Experts, Crowds & Algorithms. Using these three approaches, he will highlight the application of these approaches to predict judicial decisions from the Supreme Court of the United States.
- 1 hour CLE credit (212740ADO)
March 24, 2021 — John Browning, Partner, Spencer Fane LLP.
Co-sponsored by the School of Law Diversity, Equity, and Inclusion (DEI) Task Force.
The field of artificial intelligence ( AI) is often regarded with an aura of objectivity and infallibility, perpetuating the idea that “numbers do not lie.” Yet the algorithms that drive AI are human-created, often reflecting human biases — including racial bias. This program will discuss racial bias in algorithms and the legal challenges that have been asserted against the use of such biased algorithms.
While minorities have been disproportionately impacted by biased AI in a number of civil contexts ( including employment, credit, and lending decisions), this presentation will focus on the criminal contexts, including “predictive policing” initiatives and the use of racially biased algorithms in criminal sentencing decisions. The program will examine such cases as the Wisconsin Supreme Court’s 2016 decision in State v. Loomis, and other legal challenges to the use of racially biased algorithmic risk assessments.
As this presentation will discuss, courts considering such challenges are often balancing the proprietary trade secret interests of algorithm developers seeking to protect the “ black box” of their technology versus the due process rights of criminal defendants. Finally, the program will look at potential measures being considered to address algorithmic bias, such as “Algorithmic Accountability Acts” at the state and national levels.
Ethically, attorneys have the duty, as part of providing competent representation to their clients, to be cognizant of both the benefits and risks associated with technology. Being aware of the benefits — and the risks — of AI includes an awareness of the issue of racial bias and algorithms.
- 1 hour Ethics CLE credit (214601ADO)
Duncan Buell, NCR Professor of Computer Science and Engineering, University of South Carolina and Member, Board of Voter Registration and Elections, Richland County
Willie Sutton is apocryphally quoted as saying that he robbed banks “because that’s where the money is”. In the 21st century, things of value are almost more likely to exist on computers than anywhere else, and securing computer systems is thus crucial to financial and political stability. This is perhaps nowhere more important than in American elections; one can hardly imagine a more important target than the election of November 2020.
Given that the data used in elections and resulting from elections is stored on computers, the security and integrity of that data is a high priority. Officials repeatedly assert that election systems are not connected to the internet; these assertions have, in jurisdictions across the United States, repeatedly been shown to be false. In this talk we will trace the paths that election data take in configuring an election and producing its results, and we will describe the vulnerabilities that exist that thus require proper security measures. We emphasize that our experience has been that election officials are sincere and well-meaning, but that election computer security is difficult and is especially so given the demand for security professionals, the salary constraints on government employees, and the localized nature of American elections.
Duncan A. Buell received the Ph. D. degree in 1976 in mathematics from the University of Illinois at Chicago. He was an assistant and associate professor in the Department of Computer Science at Louisiana State University. From 1986 to 2000 he worked on high performance computing and computational mathematics at the Institute for Defense Analyses in support of the National Security Agency, and in 1997 he was part of a team that received a Meritorious Unit Citation from Director of Central Intelligence George Tenet for “a stunning achievement” that required the largest single computation ever made in the US intelligence community. He joined the University of South Carolina in October 2000 as a professor and served nine years as chair of the Department of Computer Science and Engineering and a year as interim dean of the college. He has research interests in electronic voting, digital humanities, text analysis, and computer science education. He was appointed in March 2019 to the Board of Voter Registration and Elections of Richland County, South Carolina.
- 1 hour CLE credit (207462ADO)
David Sella-Villa, Esq., Assistant General Counsel, South Carolina Department of Administration
Aerial drones are an exciting technology that stirs strong emotions. For both governmental and private purposes, drones equipped with cameras shrink nearly all the barriers that keep the sky the exclusive territory of manned aircraft, birds, and insects. These elevated perspectives offer a unique vantage point that also raises privacy concerns. Understanding the privacy impact of drones requires a multifaceted legal and technological analysis. This analysis can be applied other novel technologies as well.
As a starting point, it is important to understand the features of drones that distinguish them from other similar technologies. Even with these differences, the privacy jurisprudence for aircraft (Ciraolo), helicopters (Florida v. Riley), and imaging devices that look through walls (Kyllo) does little to limit drone operations. In short – drones have a very limited impact on privacy under U.S law.
This conclusion, though, does little to address the psychological impact of drones. Who is flying it? What do are they looking at? Why is the drone there? Can I shoot it down? Pushing past the privacy jurisprudence, some state and local laws have attempted to provide legal answers to these types of questions. By tracking the data that comes from drones – the drone data lifecycle – a fuller picture of the privacy impact of drones emerges. Data, though, tends to inspire more muted emotional responses.
Analyzing the drone data lifecycle reveals that drone data implicates numerous fields of law, including FAA regulations, FCC rules, property rights, land use, federal preemption, evidence, and even social media terms of service. By working through these issues as well, the privacy impact of drones can more fully understood. With this kind of understanding, we can find better ways to manage the use of drones, and by analogy, other novel technologies.
David Sella-Villa is an Assistant General Counsel for the South Carolina Department of Administration assigned to technology issues. He works on procurement and policy matters related to privacy, security, service consolidation, and data management. He holds the IAPP’s CIPP/US & CIPP/E privacy certifications and the GIAC’s GLEG data security certification. He is also a member of the SC Interagency Drone Users Consortium.
Prior to joining the Department of Administration, David worked as General Counsel for a private aviation company. He earned his law degree from the College of William & Mary, where he continues to serve as Adjunct Faculty. He also has degrees from the London School of Economics and West Virginia University. His interest in legal issues related to drones blends his current work on privacy & technology with his prior experience in the world of aviation.
- 1 Hour CLE credit (208505ADO)
Mallory Maier-Acheson, Head of Legal Analytics, Nelson Mullins
The accelerated adoption and development of legal technology presents attorneys with the opportunity to enhance legal analysis and compliance issues with greater speed, accuracy, and cost savings. With a focus on the increasing attention towards data privacy and the growing volume and formats of electronic discovery requests, we will touch on a variety of technology-based strategies to assist with information governance, privacy compliance, early case assessment, litigation strategy, and discovery review challenges.
- 1 hour CLE credit (207943ADO)
Edward J. Walters, Chief Executive Officer, Fastcase
Data analytics seems like a tool for large firms with data scientists and geeks — but data analytics are really just reports of what has happened. They are like maps for litigation. Data analytics don’t have to be intimidating, and in fact, understanding data can level the playing field in litigation, helping small firms to harness the kinds of resources that large firms do. In this session, Fastcase CEO Ed Walters (and editor of the book Data-Driven Law) will give an introduction to data analytics — what they are, and how to use analytics to make better strategic decisions and to win more cases.
- 1 hour CLE credit (208333ADO)
Jason Smith, Managing Director, Elevate Services
Artificial Intelligence is an often-used term, but what does it really entail? The truth is, it's 95% hype. But the 5% that's not is changing the way legal professionals work. While the law may not change dramatically, the operating landscape of legal is.
Technology competence for lawyers is no longer a nice-to-have. As of today, 38 states have a Duty of Technology Competence in their Rules of Professional Conduct. It began in 2012, when the ABA formally approved a change to the Model Rules. This duty is now firmly embedded in the conversation around legal technology. As the law becomes more embedded in technology, the technology becomes less about back-office plumbing and more about delivering legal services in a revolutionary way. But "revolutionary" soon becomes standard and the cycle continues. This presentation will talk about that cycle — where it's been, where it is, and where it's headed.
- 1 hour CLE credit (209407ADO)
Mary Lucas, Chief Information Security Officer and Assistant Chief Counsel, S.C. Department of Natural Resources
South Carolina has joined 37 other states in adopting the duty of technology competency for lawyers. Specifically, in November 2019, the Supreme Court of South Carolina approved several amendments to the Rules of Professional Conduct impacting a lawyer’s legal and ethical obligations as they pertain to technology competency. However, while the amendments are based on 2012 amendments to the ABA Model Rules of Professional Conduct, there are notable differences.
This seminar will address the ABA technology competency requirements, the South Carolina technology competency requirements, the distinctions between the two, and what it means for the practice of law in South Carolina.
- 1 hour Ethics CLE credit (201921)
Caitlin “Cat” Moon, Director of PoLI Institute and Innovation Design, Program on Law & Innovation and Lecturer in Law, Vanderbilt Law School
“Computers and automation have carried organization to as high a level of efficiency as atomic energy has carried physical power. They can be expected to affect the relationship of the elements with which they work to the same degree atomic fission has affected its elements. It is submitted that most attorneys are not aware of the magnitude of changes that have taken place. Even worse, they have no basis on which to speculate about changes yet to come. Their awakening may be rude and jolting.” — William Fenwick, “Automation and the Law: Challenge to the Attorney.” 21 Vand. L. Rev. 228, 263 (1968)
Bill Fenwick, a founding partner of the Silicon Valley firm Fenwick and West, could make the same observation today as he made 51 years ago in his student note while at Vanderbilt Law.
We know that globally, the world of work is changing — and drastically. The World Economic Forum’s 2016 Future of Jobs Report warns us: “While the implications of current disruptions to business models for jobs are far-reaching, even daunting, rapid adjustment to the new reality and its opportunities is possible, provided there is concerted effort by all stakeholders.”
Instead of a rude and jolting awakening, let the legal profession be intentional and prepared. And we can be. When armed with agile, iterative frameworks like the Delta Model for lawyer competency, we have the capacity to include all stakeholders in identifying and amplifying the most important competencies needed to deliver legal services effectively and ethically in this Fourth Industrial Revolution and beyond. And to prepare accordingly.
The Delta Model, a holistic competency framework, leads us to reimagine the legal professional by broadening our understanding and application of competencies and skills and including roles that extend beyond traditional JD-required ones. The Model builds upon existing research such as the Carnegie and MacCrate reports and frameworks including the T-shaped lawyer model and integrates original research, with the goal to create a data-based model reflecting both what we know about effective lawyering and an iterative approach to reflect and adapt to change as it happens.
In this interactive talk, Professor Cat Moon will share practical applications of the Delta Model and invite participants to consider how its relevance and application can serve to help legal professionals at any point in their career to plan proactively to thrive in this computational era.
- 1 hour Ethics/CompCon/Tech CLE credit (200815)
Marilynn Gartley, Senior Litigation Counsel for Chapter 7 Panel Bankruptcy Trustee for the District of South Carolina, Robert F Anderson, Anderson & Associates, P.A.
Artificial intelligence technologies, including its subfield of machine learning systems (such as those that deploy deep learning models), are pervasive and at this juncture, are encountered in almost every aspect of our society and economy; ranging from self-driving automobiles to human-decision making in the context of, among others, urban infrastructure planning, law enforcement, banking, business, and healthcare. This also incorporates tasks that many of us now take for granted and even classify as mundane, such as in the automatic classification of emails as junk mail, receipt of recommendations based on our purchase history when making our next purchase on the Amazon platform, use of a social media platform, or in the recommendations we are provided with by a streaming platform like Pandora, Hulu or Netflix.
Lawyers are already using forms of artificial intelligence technologies to complete tasks in their everyday practice, such as in reviewing documents during litigation, investigations, and due diligence. This includes performing legal research, writing legal briefs and memoranda, contract management and analysis; litigation forecasting—iteratively predicting the best steps to next take during the progressive path of a client-matter and in predicting potential outcomes in a given type of litigation based on the specific pattern of facts presented). It also includes discovery as far as classifying documents in litigation for relevance and privilege and thus, for production or in the context of pre-litigation tasks (such as in conducting an internal corporate compliance review); and document generation (for instance, in generating a contract containing the best aspects and most relevant components as selected for use therein from an amalgamation of potentially applicable forms).
Rule 1.1 of the ABA Model Rules, as clarified by comment 8, requires that lawyers possess and maintain current technological competence (a statement on technological competence has now been adopted by 38 states, including in comment 6 to Rule 1.1 in South Carolina), which reaches artificial intelligence and machine learning technologies. Indeed, beyond Rule 1.1, Rules of Professional Conduct 1.3, 1.4, 1.5, 1.6, 3.3, 3.4, 4.4, 5.1, and 5.3 are also implicated in both the use and non-use of these available technologies. Moreover, on August 12, 2019, the House of Delegates of the American Bar Association adopted Resolution 112, which provides as follows:
RESOLVED, That the American Bar Association urges courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence (“AI”) in the practice of law including: (1) bias, explainability, and transparency of automated decisions made by AI; (2) ethical and beneficial usage of AI; and (3) controls and oversight of AI and the vendors that provide AI.
Please join us for this 1-hour ethics CLE that has been designed by Ms. Gartley to equip attendees with key technical concepts in the use of available AI and machine learning technologies and legal insights ranging from the fundamentals to the finer points. Learn the ethical implications associated with the use of these technologies (whether in the context of your own use, by the opposing party, or by a third-party vendor), and learn insider tips in affirmatively tackling the legal issues raised by these forms of technologies, including gaining insight into the practical ways that you too can successfully use these tools as a means to automate parts of your practice along with the know-how for their implementation with the necessary ethical safeguards.
- 1 hour Ethics CLE credit (202705)
Eve Ross, Reference Librarian, University of South Carolina School of Law, Columbia, South Carolina
Case law researchers at every level of budget and expertise — from self-represented members of the public using court websites, to lawyers using subscription-only databases—all have two things in common. First, they’re almost certainly doing their case law research online. Second, when they cite South Carolina case law in a South Carolina court document, they’re still required to provide volume numbers and page numbers from two sets of physical books (case reporters) that they almost certainly never saw or touched while researching. Isn’t that strange?
Parallel citation to case reporters could have ended 25 years ago, when case law went online, but at least in South Carolina, it remains. Recent events suggest there may now be additional movement toward updating citation rules to match technological realities. In 2018, Harvard Law Library publicly launched its Caselaw Access Project, an unprecedented digital archive that includes every published South Carolina decision from 1700 to mid-2018, and in 2019, North Carolina announced it is considering universal citation. Case law citation format may be a minor annoyance that most lawyers have long since accepted as the status quo. But the potential time, money, and frustration that everyone could save — from people in need of access to justice, to law firms looking to decrease their legal research spend — make the discussion of a streamlined, tech-friendly citation format worthwhile.
Universal Citation: Intro & Definitions (password: citation)
- 1 hour CLE credit (202970)
Jonathan Dunsmoor, Esq., Law Office of Jonathan C. Dunsmoor
The technology revolution of blockchain has changed the world and the law in ways that we could not have imaged just five years ago. Cryptocurrencies such as Bitcoin, Ethereum, Ripple and others, are shaping the way banking, securities transactions, property records and healthcare data are stored using this technology. This presentation examines the current state of law within the top cryptocurrencies from a securities (SEC), commodities (CFTC), financial (FinCen) and tax (IRS) perspectives as well as what the future may hold for the practice of law using distributed ledger technology
- 1 hour CLE credit (195834)
David Condon, J.D., M.Sc., Managing Director of The McGuffin Consulting Group, LLC
South Carolina became the first state to adopt a model law called the “Insurance Data Security Act (IDSA).” Phased in between January 1, 2019, and July 1, 2020, the law governs all licensees of the State Department of Insurance (SCDOI) and is intended to increase uniformity in protecting sensitive personal information. The IDSA aligns information protection with comparable cybersecurity laws and regulations governing other industries and activities (e.g. HIPAA, Gramm-Leach-Bliley, FTCA, etc.).
Statutory compliance is an obvious concern for those covered by the Act and their counselors, so a seminal question is: How much cybersecurity is “enough?” Beyond expecting reasonable steps to protect information, the IDSA doesn’t provide a bright line definition of what would be “adequate” or “sufficient.” Rather, it establishes a variable standard based on multiple factors — meaning just that: what might be more than enough security in one organization could fall woefully short in another.
The immediate result is both good — flexibility — and bad — uncertainty. In time, guidance from SCDOI, administrative rulings, and case law will clarify the contours of ‘how much is enough.’ Until then, prudence dictates being proactive and erring on the side of caution. This one-hour program focuses on what’s required by the IDSA in evaluating threats and right-sizing a cybersecurity program to match safety measures and procedures with risks and resources.
- 1 hour CLE credit (197575)
Jason Bobertz, Deputy Clerk of the Court, The Supreme Court of South Carolina and Daniel Jones, Staff Attorney, South Carolina Court Administration
This course presents legal and technical instruction about the South Carolina state Electronic Filing (E-Filing) System which is currently mandatory for attorneys filing in civil cases in the court of common pleas. Legal instruction concerning the proper formatting of E-Filed documents, details about electronic service, and calculating timelines to respond to E-Filed pleadings will be provided. The course will also present practical instruction in the form of a tutorial. This course includes beginning, intermediate, and advanced levels of instruction.
- 1 hour CLE credit (197812)
Dr. Csilla Farkas, Professor, Department of Computer Science and Engineering, University of South Carolina and Director of the Center for Information Assurance Engineering, University of South Carolina
Our society is increasingly dependent on computing technologies. At the same time, cyberattacks are becoming more-and-more intrusive and devastating. There is a diminishing separation between cyber and physical systems. In this talk I present the changing landscape of today’s cyber threats and the challenges faced by individuals, corporations, and nations. I will provide an overview of upcoming approaches that bring together computer science, social sciences, business, and legal expertise to identify and implement the most suitable cybersecurity strategies.
- 1 hour CLE credit (196686)
Faculty Lineup
Jack Pringle, Adams and Reese, LLP
Dave Maxfield, Esq.
Michelle Fogel, Senior Practice Support Coordinator, Burr & Forman LLP
Eve Ross, Reference Librarian, University of South Carolina School of Law
Gary Moore, Assistant Dean for Academic Technology University of South Carolina School
of Law
This LegalTech Series Seminar will feature five guest lecturers, each giving a brief seminar on various “Halloween themed” LegalTech topics.
“Tools to Keep You from Being a Zombie”
Computer networks and devices are now so accessible they rarely leave our hands. And for perhaps the first time in human history, the tools we use to help us be productive lawyers have also been designed specifically to capture our attention for decidedly unproductive purposes.
In fact, the “variable rewards” and “dopamine-driven feedback loops” engineered into smartphones, devices, applications, and social media platforms pose a constant and significant obstacle to stayed focused on important projects during the work day.
This brief seminar will posit that attention is the most valuable commodity possessed by those in the legal profession (or in any profession), and that all of us are going to need all the attention we can cultivate to navigate the “Second Machine Age.”
Accordingly, I’ll suggest and demonstrate some tools to help manage attention, navigate distractions, and keep our brains capable of doing the important stuff.
“Undead Value Stream Mapping from Hell”
In this seminar, the presenter will show how to use Value Stream Maps to “drive a stake through the heart of the Waste Monster!”
“Vampire Bytes”
In this seminar, the presenter will discuss estimating document numbers and eDiscovery potential costs based on gigabit size using the EDRM data calculator and various data volume converters.
“BOOlean Searching”
When you search for case law using an online database, do irrelevant results creep in? Do you ever have the sinking feeling that your online search may have overlooked the key to a great mystery?
What sort of wizardry would give you the power to maximize relevant results and minimize irrelevant results, no matter which online database you use?
Learn how BOOlean Searching using AND, OR, NOT, and more, can help you find all the case law on the issue that haunts you, without digging through a graveyard of quite so many cases on other issues.
Soon you’ll be ready to work BOOlean search magic like this, on any topic you’re researching: ((wizard! OR warlock OR witch) AND spell) NOT ineffective.
“Password, Password, Toil and Trouble”
In June 2018, PC Magazine conducted a survey of 2500 US Trick or Treaters, err consumers. In that survey, PC Magazine found that 35% of people never change their passwords. It’s even more bewitching when you combine that figure with a recent February 2019 Google survey of 3000 consumers which notes that 65% of people reuse the same password for multiple accounts. It is quite likely many lawyers fall into these spooky categories. Given all the data breach incidents, ghoulish ransomware attacks and other malware that goes bump in the night, password security and data protection are more important than ever.
In this seminar, the presenter will discuss using entropy, passphrases, Password Managers and Two Factor Authentication as various means of better securing your data and sensitive client information and provide a cure to “The Spell of the Easy Password”.
- 1 hour CLE credit (195834)
William Booth III, Esq.
A litigation attorney’s job using technology will never be considered easy—so let’s learn about and see the practical aspects of setting up a PowerPoint presentation, carrying the screen and projector into court or into a deposition room and using a Microsoft Surface and a Miracast adapter. And without the assistance of IT support, nonetheless. For demonstration purposes, an opening statement and a closing statement will be done with and without the PowerPoint slide presentation to demonstrate the impact of using PowerPoint. Some new features of PowerPoint, including the morph feature, the designer feature, and the zoom feature, will be shown.
You have a case demanding that you figure out how to present pictures, data, animations, and some short scripts on the meaning of the law for your case. It’s no surprise that many courtrooms in the counties of South Carolina are not equipped with pull down projection screens or computer hook ups. You have a low budget for technology enhancement of your presentation but again, you know a visual presentation of key points and key evidence will enhance and give you the edge for persuading the jury.
For the deposition of a doctor for a personal injury case, you are allowed to present a video deposition at trial. The doctor can enhance his testimony by viewing a screen where key medical notes are shown and medical animation slides. The video can be embedded into a PowerPoint slide.
By using a Miracast adapter and a standard television, PowerPoint slides can be shown wirelessly from your Microsoft Surface. But you also must think about mobility of your equipment for carrying into the courtroom or into a doctor’s meeting room. Some of this equipment will be setup and demonstrated during this seminar including a background screen and stand, a TV stand, a TV stand carrying bag, a projector and a projector stand.
- 1 hour CLE credit (197379)
Douglas Kim, Douglas Kim Law Firm LLC
This presentation will involve how adopting technology and using modern business systems
will increase your client development efforts, improve your productivity and promote
success in your legal career. As clients become more “tech savvy” and the legal professional
remains slow to adopt, attorneys that understand the operations of their clients and
leverage technology will
set themselves apart.
This presentation will address how clients have changed their way of doing business, especially since 2008, and how the legal profession can properly react to these changing needs. You will be provided with real world examples of how to take advantage of this changing technology environment and how not to left behind. Subjects will include cloud-based data storage and applications, virtual offices and meetings, operational efficiency leveraging technology (e.g. stop handling paper) and the impact on alternative billing.
- 1 hour CLE credit (191472)
Susan Ingles, Consumer Unit Head/Senior Staff Attorney at S.C. Legal Services
The presenter will provide a sneak peek at five online classrooms created by S.C. Legal Services. In easy tutorials describing the handling of routine legal aid cases, SCLS has used a wide range of media that has something for everyone — courtroom videos, cartoons, outlines and more. The classrooms provide self-represented litigants the tools needed to better represent themselves. Pro bono attorneys can get comfortable with how to handle the five types of cases before volunteering to represent a client in one.
The presentation will include how and why LearntheLaw.org was chosen to build the classrooms and the work that some USC law students provided in their creation. LearntheLaw.org is a platform created through a Technology Innovation Grant from Legal Services Corporation where twenty-one legal aid organizations have built online classrooms on a variety of subjects. The classrooms on the website range from a simple checklist to a full tutorial on handling a particular case in court.
- 1 hour CLE credit (191873)
Bill Slate, Chairman & CEO, Co-Founder; Debi Slate, President and Co-Founder, Dispute Resolution Data; Brian Canada, Associate Professor of Computational Science, USC Beaufort
The presenters will engage in a discussion including PowerPoint slides and hard copy materials on international commercial arbitration and mediation which show how both may be used as a settlement tool in commercial disputes. Predictive analysis from examining results of over 3,000 cases worldwide will consider results by specific case types alphabetically from aerospace defense to wholesale goods. We will also examine results across geographic regions and whether “counterclaims” are used successfully in different geographic regions.
The presenters will also look at the depth of data and discuss “confidence factors” which lead to successful and persuasive results.
A recent article in Law 360.com entitled “Data Science is No Longer a Luxury for Modern Law Practice“ declared, “A new breed of lawyer has begun to take shape, one who has a deep knowledge of both the law and data science.”
- 1 hour CLE credit (192400)
Rebecca Creel, Creel Family Law, LLC
With research suggesting that one third of divorcing couples say Facebook is partly to blame, understanding how to capture, preserve, and introduce social media evidence in Family Court can be a game changer! With a rise in the use of social media, email and smartphone evidence in divorce, it is critical to stay on top of the latest developments. This practical and comedic guide will take look at how to collect key forms of social media content, where to look for information and how to get it before the court.
- 1 hour CLE credit (192467)
Amy Marks, CIC, Account Executive, Pearl Insurance
Understanding What a Cyber Event Looks Like in A Law Firm
- Actual Scenarios
Understanding Your Liability in the Event of a Cyber Event
- Can a cyber event can really happen in a law practice?
- Is my license to practice law at risk?
- Have I violated our Model Rules? Do I have a Bar reportable event?
- What other regulatory type investigations could develop?
- Can a cyber event REALLY harm my clients? Or would it just be inconvenient?
Understanding How to Prevent a Cyber Event
- Assumptions not to make!
My staff made a mistake, why am I responsible?
Understanding How to Respond to a Cyber Event
- How much cryptocurrency should you keep on hand???
- Can this risk be insured? How to evaluate different coverage options.
- 1 hour Ethics CLE credit (192786)
Dave Maxfield, Esq.
For most of us, the word “Algorithm” conjures images of dark rooms full of pale computer hackers filling screens with line after line of complicated code. But algorithms are really just procedures or “recipes” for making decisions and getting things done. This 1-hour seminar will introduce lawyers to a few of the most powerful and useful algorithms for use in their practices (and daily lives), including:
- When to explore and when to exploit
- The role of Randomness
- Basics of Game Theory
- Reducing the computational load on your brain
At the end of the seminar, you’ll have a solid understanding of what an Algorithm really is, and a basic understanding of how they apply to lawyering (and life).
- 1 hour CLE credit (192730)
David Stasaitis, President/CSO, Stasmayer Inc.
This CLE will discuss what lawyers need to know about this disruptive technology and how it can change the way we transact with our businesses and each other. We will discuss what blockchain and cryptocurrency is and how it can be understood and leveraged.
- 1 hour Ethics CLE credit (190856)
Ed Walters, CEO of Fastcase
Clients ask lawyers the most important questions facing their families and trust lawyers with bet-the-company questions. But lawyers answer these questions, for the most part, based on limited experience (at best) or hunches (at worst). Businesses analyze data for every part of their business, from marketing and supply chain to personnel and sales — every part except law. As clients seek to make more data-driven decisions, what obligation do law firms have to collect and refine data about opposing parties, judges, outcomes, and costs? Are we preparing another generation of law students to duck these questions, or answer them with hunches? Fastcase CEO Ed Walters will examine the frontiers of AI and data analytics, as well as the obligations of lawyers under the Model Rules of Professional Responsibility to employ and supervise artificial intelligence and data analytics tools at the frontiers of legal tech.
- 1 hour Ethics CLE credit (186576)
Jack Pringle, Adams and Reese, LLP
Computer networks and devices are now so accessible they rarely leave our hands. And for perhaps the first time in human history, the tools we use to help us be productive lawyers have also been designed specifically to capture our attention for decidedly unproductive purposes.
In fact, the “variable rewards” and “dopamine-driven feedback loops” engineered into smartphones, devices, applications, and social media platforms pose a constant and significant obstacle to stayed focused on important projects during the work day. According to a 2017 study by Asurion, Americans check their phone on average once every 12 minutes, and 31 percent of Americans feel regular anxiety when separated from their phone.
Excessive Internet browsing and smartphone use have been linked to increased anxiety and depression, and can result in increased isolation and less social interaction. And since work is increasingly done outside the office, including at home, our devices rarely leave our hands. When every spare second is occupied by buzzes, beeps, and notifications, there is scarce opportunity for the brain and body to rest and recharge.
This presentation will posit that attention is the most valuable commodity possessed by those in the legal profession (or in any profession), and that all of us are going to need all the attention we can muster to navigate the “Second Machine Age” (tip of the cap to Professors McAfee and Brynjolfsson). In addition, the potential pitfalls of constant “connection” will be explored, with an eye towards understanding when screen time becomes unhealthy and unproductive.
Accordingly, the presentation will also consider the nature of the distractions we face, explore ways to navigate them and get needed space from technology tools when appropriate, and discuss how to pay attention to the important stuff (in part by taking advantage of what computers do best while at the same time avoiding letting them take advantage of us).
- 1 hour Ethics & 1 hour Substance Abuse/Mental Health CLE credit (186600)
Bryant Walker Smith, Assistant Professor of Law, University of South Carolina School of Law
Artificial intelligence has a range of meanings and elicits a range of reactions. Lawyers of the future will work on, with, and against artificial intelligence. This talk will offer a technical overview of AI, introduce key legal issues, and highlight specific regulatory case studies.
- 1 hour CLE credit (187980)
Patrick Cleary, Bowman and Brooke LLP
Artificial intelligence is not a binary concept. There will not be a single point where human lawyers are replaced by a sentient artificially intelligent application. But artificial intelligence concepts are entering the legal services profession. This presentation will provide a short history of AI, a description of what AI actually involves, the levels of AI, the benefits and challenges of AI, where AI concepts are already being used in the legal profession, and predictions on where AI will change our profession going forward.
- 1 hour CLE credit (187176)
Michelle Fogel, Senior Practice Support Coordinator, McNair Law Firm, P.A.
During theatrical presentations in ancient Greece, a “theos ek mekhanes” or “god from the machine” would lower over the stage at a pivotal moment in the plot. This stage mechanism would contain an actor playing a god, who would hover over the actors and offer a resolution to whatever conflict the play’s characters were facing. In Euripides’ Medea, for example, the Sun-God Helios descended and allowed Medea to escape punishment for killing her two young sons.
The Latin translation — deus ex machina — is used in modern times (particularly in literature and film) to describe an unlikely or artificial concept, character, or device that is introduced to resolve a plot dilemma. The unsolvable problem is miraculously solved; the antagonist is effortlessly defeated. The deus ex machina exists and responds within a storyline in a way that can almost be described as “divine intervention.”
Luckily for those of us who work in the legal industry (and who must respond to discovery requests that dictate the collection of data from numerous and voluminous sources), we have our own versions of this “god from the machine” — our own form of “divine intervention.” We have advanced technological tools that allow us to resolve the oftentimes-overwhelming task of delving through thousands or millions of documents to find a sub-set of relevant items for production. Artificial intelligence — or the replication of human intelligence by technology — is the force behind many of these tools. In the case of e-Discovery, artificial intelligence drives the tools we use for technology-assisted review, or TAR.
This presentation will offer an overview of the history of artificial intelligence as it exists within e-Discovery, with a particular focus on the latest trends in technology-assisted review tools. We will also examine the role metadata plays after artificial intelligence has been applied to a data population — specifically how a review team can easily identify the nuances of a document’s information using metadata and the review tool Relativity®.
This presentation will, lastly, include a brief give-and-take session where attendees may express their thoughts to these questions: does the use of artificial intelligence in e-Discovery detract from the data (or the discovery) itself … does using it make humans less logical or less creative? Or does this modern-day “god” offer a reasonable and uncontrived solution — working symbiotically with humans to resolve our data dilemma? If the latter is so, how do we defend against loss of creativity/logical thought and keep from becoming overly-dependent on these machines that provide seemingly-miraculous solutions?
- 1 hour CLE credit (187177)
Brandon J. Huffman, Founder, Odin Law and Media
Creativity is distinctly human. The ability to imagine, design and realize new works and innovative technologies from nothing is something that other beings have not mastered. This fundamental assumption of human existence is changing. Artificial intelligence (AI) and machine learning are now making it possible for non-human entities to create works of art. From fine art and music to precise feats of engineering, computers are now authors and inventors. Copyright law is intended to protect exclusive rights in specific expression. When individuals create, copyright ownership is clear. The individual’s rights are clear. The waters are muddied, but still navigable when a corporate entity or employer is involved or where a group of individuals collectively create. But how does the law deal with AI creations? Who owns it? What rights do they own? What if AI infringes on another’s rights? Who is liable? This presentation will explore these and other themes surrounding the impact of AI on intellectual property.
- 1 hour CLE credit (188362)
Dr. Gregory B. Adams, Associate Professor of Law, University of South Carolina School of Law
Ninety-five percent of cyber breaches result from human error: ignorance and carelessness. Threats come from everywhere. Law firms frequently fail to protect confidential information that is created, stored, and transmitted electronically.
Lawyers have ethical duties of competence and confidentiality; similar fiduciary duties are owed clients by lawyers and law firms. This seminar will identify and illustrate these ethical and fiduciary duties as they apply to computers, tablets, smart phones, email, the internet, and the cloud. Dr. Adams will provide practical tips and techniques to avoid ethical and fiduciary breaches and the loss of professional reputation and clients as well as how to minimize the danger of catastrophic liability.
- Approved for 1-hour Ethics CLE credit (181277)
Thomas Pendarvis, Esq., Pendarvis Law Offices, P.C.
There’s a lot more to going “paperless” than simply buying a scanner and some software. A wide variety of technology alternatives are available for lawyers and law firms. Similarly, a multitude of methodologies are available to a small law firm to incorporate those technical tools into a “paperless” operation of the firm’s practice. Thomas Pendarvis will share some of the tips and tricks that he has employed since 2004 in operating his “paperless” law firm, as well as discussing developing trends in the legal technology field.
- Approved for 1-hour CLE credit (182228)
Emily Suski, Assistant Professor of Law, University of South Carolina School of Law and Craig Stanley, Director of Legal Affairs, University of South Carolina School of Medicine
Please note a room change for this event: This seminar will take place in Room 289.
HIPAA covers more than just health care providers. Lawyers and law firms can be business associates under HIPAA because they receive and maintain protected health information. When they do, they must comply with HIPAA’s requirements regardless of whether they have signed business associate agreements. This seminar will discuss business associate status and what it requires of lawyers and law firms under HIPAA. Specifically, it will discuss HIPAA’s privacy, security, and breach requirements for law firms and lawyers and the relationship between those requirements and lawyers’ ethical obligations regarding confidentiality of client information.
- Approved for 1-hour Ethics CLE credit (181358)
William Booth, Esq.
Starting around 2008, an attorney seeking to purchase and implement a practice management system for keeping track of cases or matters had a choice along two divergent paths. Does the attorney choose a traditional packaged application and install on local computers or does the attorney purchase the system from a vendor who owns the software and runs it on computers in its data center? Without IT support staff or budgets to manage expensive on-premises solutions, the cloud is a welcome alternative.
Attorney William Booth, a former chairperson of the South Carolina Bar’s Law Office Technology Committee, will discuss the various cloud based practice management options for attorneys, as well as helpful resources that allow attorneys make the proper, insightful cloud practice management choices for themselves and their clients.
- Approved for 1-hour CLE credit (183099)
Justice John Cannon Few, Supreme Court of South Carolina
The Justice Index rated South Carolina worst in the country at providing poverty stricken people with access to attorneys. Less than 1,000 of South Carolina’s approximately 9,000 active attorneys provide pro bono legal services. Meanwhile, many of South Carolina’s attorneys are actively seeking opportunities to gain more experience — either to develop new skills or to expand their practice areas. In an attempt to integrate these two demands, Justice John Cannon Few has pioneered the development of a new legal software that uses state of the art technology to match attorneys with those in need. This seminar will unveil this new software to our legal community in South Carolina.
- Approved for 1-hour CLE credit (181242)
Dave Maxfield, Esq.
It’s a difficult world for law firms these days. Client demands, increased competition, and the distractions of technology can put pressure on any business. Law firms that try to respond with “traditional” firm management techniques are perhaps more susceptible than any other business to falling victim to the chaos. But there’s a better way — Join Dave Maxfield, co-author of The Lean Law Firm, as he shows you how to apply the Lean techniques pioneered by super-efficient and profitable companies like Toyota in your own law firm. This seminar will introduce you to Lean concepts, and get you started on your own Lean transformation journey.
- Approved for 1-hour CLE credit (184033)
Tom Scott, Executive Director, SC Cyber
Never before in the history of human kind have people across the world been subjected to extortion on a massive scale as they are today. In recent years, personal use of computers and the internet has exploded and, along with this massive growth, cybercriminals have emerged to feed off this burgeoning market, targeting innocent users with a wide range of malware. The vast majority of these threats are aimed at directly or indirectly making money from the victims. Today, ransomware has emerged as one of the most troublesome malware categories of our time. Law firms are not exempt from these threats. Learn some of the strategies needed to safeguard your firm and your clients from the perils of Ransomware in this highly engaging presentation from SC Cyber.
- Approved for 1 hour CLE credit (177314)
John Gardner, Co-Founder, Accurate Data Partners, LLC
The purpose of the CLE will be to inform attorneys of the basics of Identity Theft, what it is, how it affects those victimized by it (law firms have fallen victim to Identity Theft), a quick overview of the laws that are driven by it, and where all this is heading.
Attorneys are under special requirements to maintain a high level of client security and personal responsibility for the technology in use in their practices. Failure to understand these requirements, including Identity Theft, can result in ethics violations, malpractice claims and financial ruin for the firm. This is an important seminar for all attorneys, whether large firm or small firm, to attend.
- Approved for 1 hour Ethics CLE credit (177356)
Jack Pringle, Partner, Technology Lawyer and Information Privacy Professional at Adams and Reese LLP
All transactions, whether the transfer of funds, the sale of real and personal property, or otherwise, rely on trust and verification. And transactions traditionally require a bank, an escrow agent, or other trusted third party to ensure that trust and verification.
But what if a technology system could replace the third-party’s role so that any two people could contract directly with one another? Blockchains (also called distributed ledger systems) may soon offer validation in a number of areas where lawyers practice, including financial transactions, proof and chain of title, and authentication of many types. Understanding the technology, or at least its potential, is important for those attorneys who take part in the process of authentication and verification.
- Approved for 1 hour CLE credit (177503)
Karen Painter Randall — Partner, Chair — Cyber Security & Data Privacy Group, Connell Foley LLP
One can hardly turn on the news these days without hearing about the latest victim of a cyber-attack. The legal profession is not immune from the threat of a costly cyber breach. Cybersecurity is one of the biggest risks that law firms face today. Law firms are attractive targets because they hold valuable client information such as PII, PHI, and proprietary information including corporate mergers, patent and trade secrets, litigation strategy, and more. In fact, corporate clients are now conditioning retention on the strength of a firm’s data security plan and protection tools. The 2016 ABA Legal Technology Survey Reported that 30.7% of all law firms and 62.8% of firms over 500 lawyers had clients requesting details of its security protocols. The FBI repeatedly has issued warnings and held meetings with nearly all of the largest law firms in the United States about the risk of a data breach and theft of confidential and proprietary client information by countries such as China, Russia, North Korea and many others. Despite these warnings we continue to see some of the largest law firms in the United States get tangled up in major cybersecurity breaches. Whether or not you are prepared to manage a security breach will determine the final outcome. Thus, this program will focus on the importance of being prepared to respond to a data breach quickly to mitigate legal, ethical, regulatory and reputational loss.
- Approved for 1 hour Ethics CLE credit (177668)
Sharon D. Nelson, Esq., President and John Simek, Vice President, Sensei Enterprises, Inc.
Lawyers have an ethical duty to be competent and to keep their client data confidential. Clients too want to keep their confidential data protected. All too often, information security is not prioritized by law firms. It costs money to protect data and businesses frequently resist budgeting for security, even though an ounce of prevention is far less expensive than a pound of cure. Investigating and remediating data breaches is hideously expensive, not to mention the necessity of complying with state data breach notification laws. But there are a host of free and budget friendly tips. Our presenters will cover:
- Cybersecurity standards for small businesses
- How to prevent data breaches using a combination of technology, policies and training
- Secure computing when you’re on the road
- Two factor authentication
- Intrusion detection systems
- Encryption
- The new rules for strong passwords and password management
- What you must do after a data breach and the components of an Incident Response Plan
- Defending against — and recovering from — ransomware
- Approved for 1 hour Ethics CLE credit (178040)
Lieutenant Britt Dove, Supervisor, Computer Crime Unit, South Carolina Law Enforcement Division (SLED)
Many times when we hear the word cybersecurity, we wonder where to start; firewalls, strong passwords, malicious actors, ransomware, and encryption. As we attempt to protect our networks from the complex and changing technologies, we can easily overlook the physical aspect.
According to research by the National White Collar Crime Center (NW3C), after reviewing 1,800 instances of reported data breach from 2005 to 2016, 71.1% were not a result of hacking, but more attributed to personnel and organizational issues. “Unintentional Insider” leading the way with 33.5%.
This seminar will talk about cybersecurity and law enforcement, how the human element affects cybersecurity, no tech hacking, and what can be done to protect yourself.
- Approved for 1 hour CLE credit (178041)
Dr. Gregory B. Adams, School of Law, University of South Carolina
Lawyers must be competent and must protect their clients’ confidential information. These ethical duties are two of the bedrocks of the Rules of Professional Conduct. Competence includes knowledge about the technology lawyers use in the course of representing, counseling, and communicating with and for their clients. Although these duties are rules of reason, what is reasonable is informed by legal requirements, such as privacy laws, as well as practices commonly recommended by experts and law enforcement. It is not reasonable to be a luddite merely because many lawyers are luddites.
This program will outline what lawyers must, at a minimum, know about computers, tablets,
smartphones, email, cloud computing, and the internets. Attendees will receive an
extensive list of technology resources for lawyers and law firms.
Dr. Adams has taught at the law school for 38 years, specializing in legal ethics,
judicial ethics, law practice technology, as well as commercial and business law.
He holds LL.M. and J.S.D. degrees from Columbia University School of Law and a J.D.
and B.S. from LSU. He served for nearly two decades as a member of the South Carolina
Bar Professional Responsibility Committee and presented its Report to the House of
Delegates on the Adoption of the A.B.A. Ethics 2000 revisions to the Rules of Professional
Conduct. He is a member of the A.B.A. Law Practice Division’s Committee on Ethics
and Professionalism and its Law Practice Futures Initiative.
Dr. Adams has provided ethical guidance and expertise to hundreds of lawyers and law firms throughout this and other states, including most of the major law firms in South Carolina. He has been recognized by the South Carolina Supreme Court, the Court of Appeals, and Federal Courts as an expert on lawyers’ ethics and on business. Three South Carolina Attorneys General, the South Carolina Secretary of State, the United States Attorney for the District of South Carolina, and the U.S. Securities and Exchange Commission have relied upon his expertise to guide and assist them in significant criminal investigations and prosecutions. He has spoken on lawyers’ ethics at hundreds of Continuing Legal Education programs.
Jacqueline “Jax” M. Pavlicek, Esq. CIPP/US, Callison Tighe & Robinson
Lawyers who understand technology and laws governing its use offer important competencies to clients, not only in general, but in providing specialized counseling and advice as well as representation in litigation involving these issues. Lawyers frequently represent clients facing legal problems in these areas, and to fulfill their ethical duties, lawyers must provide competent representation or decline the matter. Young lawyers can develop their tech expertise and legal knowledge into valuable credentials that are attractive to employers and clients alike and use these abilities to attract clients and develop new kinds of services that are not already offered by their law firm or prospective firm. One of the most important issues for clients is protection of privacy rights related to digital information, which is stored in the cloud and transmitted electronically via the Internet. Similarly, lawyers have the ethical duty of confidentiality.
Jacqueline Pavlicek will discuss her experience in doing exactly that, offering insights
into ways to develop expertise and skills and to attract clients by offering needed
legal services that are not widely available, and to do it in ethically permissible
ways.
Jacqueline “Jax” Pavlicek joined Callison Tighe as an associate in May 2014, after
serving as a staff attorney for the South Carolina Court of Appeals. Since joining
the firm she has concentrated on litigation and appellate work, including involvement
in the case that paved the way for making same-sex marriage legal in South Carolina.
Pavlicek holds a CIPP/US designation from the International Association of Privacy Professionals (IAPP). She earned that credential after completing lengthy training and passing a comprehensive exam covering privacy and data protection laws and best practices. She provides clients in the private sector with counsel and representation in privacy matters, including helping clients respond in the event of data breaches. She can help businesses or organizations draft policies that comply with privacy laws.
Additionally, Pavlicek serves as a Young Privacy Professional Leader in the IAPP’s Columbia based KnowledgeNet chapter.
Brandon Huffman Esq. — Hutchison, PLLC
This program will cover the history and state of virtual reality and augmented reality as well as legal concerns of developers and consumers including intellectual property, privacy, speech, impersonation, jurisdiction, risk of injury and potential applications for lawyers.
Adam G. Massey, Esq., Associate, C. A. Goldberg, PLLC
This CLE will focus on the intersection of technology and personal privacy through the lens of nonconsensual porn — better known as “revenge porn”. Now criminalized in 34 states and the District of Columbia, nonconsensual pornography has harmed thousands of victims. The program will offer insights for practitioners, scholars and law students into state of the law, how it impacts victims, and the way forward in combating this crime.
The program will highlight best practices developed to address this topic, particularly the varied toolkit available to mitigate the harm of nonconsensual pornography, protect victims and de-anonymize offenders. In particular we will discuss how to respond in states, such as South Carolina, that lack criminal nonconsensual pornography laws.
Dean Fowler, M.Ed. — Digital Forensics Examiner (ACE, CCLO, CCPA) — Liberty Associates
In today’s world, digital devices are generating massive amounts of data. This large amount of data must be properly handled and analyzed in a specific manner to ensure the integrity of the data. The science of Digital Forensics is very complex and can be overwhelming if the basics are not understood. The course will provide an overview of digital forensic terminology, concepts, and case examples that will be helpful for attorneys to handle their cases more effectively.
By the end of the course, attorneys will have basic information needed to understand the process of computer forensics, cell phone forensics, the main areas of focus in digital forensics, and the proper methods for seizure and search of electronic evidence.
Sean Keefer, Esq.
The CLE addresses tips and techniques related to the following:
- The proper preparation of Financial Declarations, including information on engaging clients productively in the process.
- How to best use the South Carolina Child Support Guidelines when preparing child support cases.
- Thoughts on unique child support cases and strategies on applying the South Carolina Guidelines to the same.
- Matters related to calculating Net Available Income for support cases.
- Issues related to organizing and analyzing property division.
- Online security and the use of Cloud based software in the legal setting.
- Ethical considerations to all of the above.
The session is designed to be interactive and uses Settlyd.com as a tool for demonstrating the above.
Dave Maxfield, Esq.
Dave Maxfield shows you how medium and small law firms can use techniques developed for manufacturing (Toyota Production System, Lean Management, Theory of Constraints) to run a profitable law office based on speed and flexibility.
Dave Maxfield is a practicing attorney with over twenty years’ experience in small and solo firms, specializing in consumer protection law in Columbia, South Carolina. He is a three-time ABA TechShow speaker on mind-mapping and paperless technology. Dave has also taught mind-mapping and Information Visualization techniques to lawyers as a consultant, as a lecturer at national and regional ABA and AAJ conferences, and to law students at Harvard, the University of Colorado, William & Mary, and UCLA.
Sarah Montgomery, Attorney with the Executive Office of the U.S. Department of Justice & Adjunct Professor, University of South Carolina School of Law
Attendees will learn the basics about metadata, as well as metrics and technical terms that will help them navigate in E-Discovery or other matters where computer files and technology impact their area of practice
Marti Phillips, Director, Identity Theft Unit | Deputy Administrator
Have you ever received a data breach notice? Do you know how valuable your personal information is? During 2015, at least 626,300 South Carolina residents had their information compromised by data breaches. And according to the Bureau of Justice Statistics, an estimated 17.6 million people, or about 7 percent of U.S. residents age 16 or older, were victims of at least one incident of identity theft in 2014. This presentation will provide an introduction and overview of identity theft trends in South Carolina as well remedies for victims.
Alexander M White, Deputy Chief Privacy Officer for the State of South Carolina
Since the passage of the Health Insurance Portability and Accountability Act (HIPAA) in 1996, health information privacy has become one of the more defined areas of privacy law in the United States. However, that does not mean the field is standing still: both the law and the technology are constantly evolving. In this session, we will discuss the important concepts that make up HIPAA and subsequent laws; how newly-implemented audits are changing healthcare regulation; and how the trendy devices collecting the most health information, wearables, fit in to existing regulatory frameworks.
Seth Stoughton, Assistant Professor of Law
Body-worn camera systems are quickly becoming an essential piece of policing equipment at agencies across the country. In this seminar, Professor Seth Stoughton will identify the potential advantages that police body-cams offer to law enforcement and to police/community relations. He will discuss the practical, policy, and legal implications that must be kept in mind as lawyers, police executives, policymakers, and communities adopt and evaluate this promising new technology.
Steve Best, Partner for the Affinity Consulting Group and chair of the 2016 ABA Techshow
It’s impossible to manage any law practice if you don’t have a good handle on the status of every matter. The Model Rules require that a lawyer act with reasonable diligence and promptness when representing a client and knowing how to harness the power of practice management is key. Our presenter will cover both cloud-based and traditional software offerings for practice management and highlight the differences & similarities so you can make an informed decision on what system will work best for you and your practice.
Marcos Vieyra, Chief Information Security Officer for the State of South Carolina
What is defense and offense in the context of the Internet? Do offensive activities always constitute an attack? Could some defensive actions, such as “hunting” within one’s own organizational boundaries, constitute an attack by a defender? Is accurate attribution of an attack within reach of average organizations, and if not, where does that leave us?
As an attorney, how would you advise a client with regard to these questions, either from an offensive-capability perspective or from a what-to-do-as-a-defender perspective? How might you help a client develop effective information security policy and governance given this state of affairs? Join us for a brief overview of these topics, and a defense-oriented approach to life on the Internet.
The Undisclosed Podcast picked up where the Serial Podcast left off: investigating the 1999 murder of Hae Min Lee and the question of whether Adnan Syed was wrongfully convicted of that crime. Associate Dean Colin Miller is one of the creators, producers, and hosts of the Podcast. He will discuss his use of technology in his development and recording of the podcast.
Body-worn camera systems are quickly becoming an essential piece of policing equipment at agencies across the country. In this seminar, Professor Seth Stoughton will identify the potential advantages that police body-cams offer to law enforcement and to police/community relations. He will discuss the practical, policy, and legal implications that must be kept in mind as lawyers, police executives, policymakers, and communities adopt and evaluate this promising new technology.
Michael Scherck, Supervisory Special Agent for the FBI Cybercrimes Unit for South Carolina will give an unclassified threat brief with focus on how current law affects FBI investigations. The presentation will be an excellent lead in to the South Carolina Law Review’s Symposium “Cyber Attacks and Civil Liability” which will be held later in the day on February 4 and all day February 5.
Dave Maxfield is a practicing attorney with over twenty years’ experience in small and solo firms, specializing in consumer protection law in Columbia, South Carolina. He is a three-time ABA TechShow speaker on mind-mapping and paperless technology. Dave has also taught mind-mapping and Information Visualization techniques to lawyers as a consultant, as a lecturer at national and regional ABA and AAJ conferences, and to law students at Harvard, the University of Colorado, William & Mary, and UCLA. Dave’s presentation will focus on taking a manufacturing systems based approach to small law firm office management, including how to be much more efficient in processes and in the use of technology.
Martha (“Marti”) Phillips, Esq. — Deputy Administrator and Director of the Identity Theft Unit at the South Carolina Department of Consumer Affairs.
This presentation will provide a brief overview of the South Carolina Financial Identity Fraud and Identity Theft Protection Act (FIFITPA) with a focus on state data security breach notification laws and recent legislation regarding Personal Identifying Information (PII). The Act provides both protections for consumers in the areas of security freezes, credit reports, records disposal and also places requirements on businesses and public bodies with regard to the collection, maintenance, and disposal of consumers’ personal information.
Anthony Bellino, Litigation Technology Help Desk Manager, Deloitte (Contractor) Litigation Technology Service Center (LTSC) Department of Justice/EOUSA.
Anthony Bellino, a licensed attorney and project management specialist with Deloitte will discuss a practical approach for those seeking to improve efficiency, gain flexibility and provide a more streamlined client experience through the use of technology in the practice of law. Mr. Bellino will provide insight to technology that can help “virtualize” the practice of law and enhance client interaction. He will speak to apps and tools available, and demo some virtual case software.
Alexander M White, Deputy Chief Privacy Officer for the U.S. State of South Carolina.
Developments in international law are especially impactful when it comes to personal information. Organizations transfer this data, or pieces of it, across borders regularly, potentially submitting their operations to the laws and regulations of those jurisdictions. No jurisdiction is more influential in modern privacy law than the European Union, where big changes have occurred and look to continue. In this session, we will discuss recent developments in US-EU privacy interactions and examine a sweeping new EU law that could affect organizations around the world.
Sarah Montgomery, an attorney with the Executive Office of the U.S. DOJ and an adjunct professor teaching Civil E-Discovery at the School of Law will discuss proportionality in civil e-discovery in light of the upcoming amendments to the Federal Rules of Civil Procedure. The seminar will cover what lawyers (in-house and outside counsel) and judges need to know from a technical standpoint when making proportionality determinations in civil discovery.
Anthony Bellino, a licensed attorney and project management specialist with Deloitte will discuss Cloud Computing, the Virtual Law Office, and how attorneys are leveraging technology in the 21st Century. The seminar will cover a discussion of cloud computing and how attorneys are using technology to virtualize the practice of law.
This interactive seminar with Bryant Walker Smith will survey legal issues raised by Transportation Network Companies such as Uber and Lyft in the context of broader developments in motor vehicle design and operation (including increasing automation and connectivity).
Have you ever wondered, what’s the deal with billing? Come hear an attorney discuss the basics of billing, including what activities are billed, a lawyer’s time increments, and why it’s important to have a method to stay organized. Then see a demonstration of one billing program used in firms, Clio, by Certified Clio Consultant Doug Edmunds.