The latest edition of “The Gathering,” hosted by yours truly, Eric Ludwig, and Paul June of Barrel O’Monkeyz was a great success. Paul and I have known each other for more than 30 years. We’re friends, and business colleagues, and we both believe that when you gather the right group, anything can happen!

That’s the idea behind The Gathering—plus of, course, the fact that Paul and I each have three young daughters at home who bring us much joy and occasional madness, so an occasional night out does us good. In all seriousness, The Gathering reflects our desire to create a quarterly event where friends, clients, and team members can come together to share stories and create new ones.

This isn’t just another networking event, though. “The Gathering” prioritizes genuine connections and meaningful discussions fireside-chat style. Guests show up, we drop titles, and we sit gather as equals. There is food and drink, plus plenty of food for thought.

We explore topics ranging from AI and ChatGPT to branding and marketing to various industry updates, as well as what’s going on with us personally. Most of all, The Gathering is an opportunity for attendees to share insights, exchange ideas, and get to know each other a little better.

We’re excited to see “The Gathering” community continue to grow. Whether you’re a seasoned professional or just starting your journey, “The Gathering” offers a welcoming environment where everyone has a voice.

Scenes from Our Most Recent Event

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• You will leave full of food and insights.
• There will be opportunities to learn and teach.
• Actionable insider intel will be conveyed.
• Non-linear pathways will be exercised.
• You won’t get burned.

(619) 929-0873 |  consultation@ludwigiplaw.com.

With Generative AI’s ability to create legal documents, summaries, and provide answers using proprietary algorithms, ethical and legal questions abound about the use of AI-created content and research in legal settings.

• Do AI algorithms reflect biases present in the data they are trained on? If so, could this lead to potential discrimination or unfair outcomes, particularly in sensitive legal matters?
• If AI is generating content, who is accountable for its output? When is it proper to use such technology? When is it not? Who decides?
• How transparent should the legal community be in revealing whether AI has been used to generate content submitted to courts?

Large, sophisticated, Fortune 50 companies are already demanding their law firms use AI to assist in legal research. To them, it’s efficient and cost-effective. But given the (as of yet) unanswerable questions above, is it the right thing to do? So far, courts are treading carefully with any use of AI that goes beyond legal research.

Weighing the Pros and Cons

Striking a balance between AI’s capabilities and limitations stands as one of the greatest challenges facing the legal profession today.

Advantages

Efficiency—AI can automate repetitive tasks such as legal research, document review, and drafting. This saves time and resources for legal professionals and their clients.

Accuracy—AI algorithms can analyze vast amounts of data quickly and with great accuracy. This reduces the likelihood of human error in legal processes.

Cost-Effectiveness—AI can streamline workflows and reduce the need for manual labor, especially with repetitive tasks. This can lead to cost savings for both law firms and clients.

Legal Research—AI-powered tools can quickly sift through massive legal databases and precedents to provide comprehensive and relevant information to assist in case preparation and argumentation.

Predictive Analytics—AI can analyze case outcomes and legal trends to develop insights a human might miss. This kind of information can be useful to inform case strategy and decision-making.

Challenges

Bias and Fairness—As noted above, intentional or not, AI algorithms may incorporate biases present in the data being used.

Data Privacy and Security—AI systems rely on vast amounts of data. Where this data comes from, how it’s accessed, and how it’s processed and stored raises concerns about privacy, confidentiality, and the overall security of sensitive information.

Complexity and Interpretation—AI-generated output may be complex, which would require careful interpretation by (human) legal professionals. This has the potential for complicating rather than simplifying legal processes.

Job Displacement—AI’s ability to automate routine legal tasks may lead to job displacement for certain legal professionals, particularly those engaged in repetitive or low-level work.

Other Applications

Certainly, AI holds promise for enhancing efficiency and accuracy in legal settings. At the same time, its adoption must be accompanied by careful consideration of ethical, legal, and societal implications.

Some legal teams are increasingly relying on AI to help them identify jurors who are likely to be favorable to their case. They use AI to pour over vast amounts of publicly available data such as social media posts, public records, and other online activities, to create profiles of potential jurors. This data can provide insights into jurors’ backgrounds, interests, beliefs, and biases. It can also be used to predict how potential jurors might respond to specific arguments or evidence.

The use of AI and its innovations in legal settings gives rise to potential conflicts with the existing obligations of legal professionals. The improper use of generative AI, exemplified in the Mata v. Avianca, Inc. case, underscores the imperative for attorneys to exercise vigilance in reviewing AI-generated content submitted to courts. In this particular case, court filings were found to have inaccurate and even fictional citations and opinions.

Many law firms in the United States caution against indiscriminate use of generative AI, as reflected in a recent Thomson Reuters Institute survey that revealed some 15% of law firms had issued warnings to their staff about the use of generative AI or ChatGPT at work.

Courts in Texas, Illinois, and Manitoba, now require attorneys to disclose AI usage in the courtroom and verify its accuracy.

As We See It

A balance must be struck between attorney obligations to clients and adherence to evolving legal standards involving AI and other potential technological innovations. Without a doubt, this will require ongoing debate between all involved so that we are better able to navigate the complexities of advanced technology use in legal contexts.

Let’s Work Together: Global Experience, Personal Focus

As trusted advisors in intellectual property, technology, and business law Ludwig APC is keenly aware of and interested in the impact of technology and AI on the legal community. If you have questions about how AI tools and products could affect your IP rights and business, contact us today to arrange a free consultation.

(619) 929-0873 |  consultation@ludwigiplaw.com.

Artificial intelligence (AI) is proliferating almost every aspect of human society, from the nature of work and workforce roles to the way we do business and even how we think about intellectual property (IP). Naturally, this raises many questions on personal and professional levels far beyond matters relating to IP.

• What will be the impact of AI automation on employment, jobs, and workforce displacement? What about long-term societal implications?
• Should there be specific regulations or international standards governing the development, deployment, and ethical implications of AI?
• What role should various stakeholders, including governments, industries, researchers, and the courts play in shaping AI’s future?
• What measures should be taken to enhance the cybersecurity of AI technologies?
• How can we balance the benefits of AI with the need to protect individual privacy?
• What safeguards should be in place to prevent misuse of personal data in AI applications?
• How can society strike a balance between fostering innovation while being mindful of potential risks associated with AI?
• Who should be considered the inventor/owner of IP when AI systems contribute significantly to its creation? Should IP generated by AI be subject to different standards?
• Should we be concerned that AI’s ability to reverse engineer will expose trade secrets and other proprietary information?

Exciting, Challenging Times

While uncertainties persist regarding key questions surrounding AI, one undeniable certainty is that all of us will be affected by AI. The next several years promise to involve numerous, pivotal moments as we address crucial issues. This includes weighing the delicate balance between protection and innovation, as well as the adaptation of evolving technologies and their impact on people, business, and intellectual property. Considerations will undoubtedly span ethical, social, economic, and technological dimensions of AI, underscoring the imperative for a comprehensive and thoughtful approach.

That said, let’s take a big picture view of the current state of affairs concerning various facets of AI and their impact on society.

• There’s near-universal consensus that workforces will become at least partially replaced by automated robots and AI algorithms. In fact, it’s already happening as AI’s abilities, speed, and accuracy outpace that of humans in numerous fields.
• Similarly, some aspects of national governance will be affected. AI technologies can analyze vast amounts of data quickly, helping governments use real-time information to enhance policy formulation, decision-making, efficiency, and automation.
• We also know that AI-empowered marketing systems have been gathering vast data dossiers on every aspect of our lives. With an AI assist, marketers will be able to exploit this data more and more as time goes on.
• The IMF recently released a report that suggests 40% of global employment today could be replaced by AI partially, if not fully. In their study, they found the number increases to 60% in advanced economies with more high-skilled jobs. They also predicted that wealthier countries would be better prepared to mitigate the impact of AI and job loss, but only if universal regulatory and ethical frameworks were observed by all parties. However, they deemed such a spirit of cooperation unlikely in light of many of the world’s economic and military powers currently being at odds with one another.
• US Supreme Court Chief Justice John Roberts addressed the topic of AI’s impact on the legal system in his 2023 year-end report. “Machines cannot fully replace key actors in court. Judges, for example, measure the sincerity of a defendant’s allocution at sentencing,” he wrote. “Nuance matters: much can turn on a shaking hand, a quivering voice, a change of inflection, a bead of sweat, a moment’s hesitation, a fleeting break in eye contact. And most people still trust humans more than machines to perceive and draw the right inferences from these clues.”
• While his focus was mainly on the courtroom, Justice Roberts acknowledged AI’s potential impact in the realm of legal research. He wrote that “legal research may soon be unimaginable without it.” He also expressed concerns that AI “risks invading privacy interests and dehumanizing the law.” He underlined the need for Judicial Conference Committees in the federal courts to be heavily involved in considering AI’s use in litigation.
• The fact that the global artificial intelligence market generated $433 billion dollars in sales revenue from 2020-23 means that it’s an explosive economic force that’s not likely to be held back while governments and courts figure out the rules. It’s already being embraced by marketers to varying degrees of success. As AI evolves, it’s likely that the barrage of personalized recommendations and advertising will only grow more sophisticated.
• Many consumers are simply unaware of AI’s widespread use by financial firms, including banks and credit card companies. In fact, AI has been in use for some time now to monitor and detect fraudulent transactions, saving banks, credit card companies, and ultimately consumers money and time. AI is also being used to make credit decisions and deliver customer service. However, with banks better able than ever to comb through vast amounts of financial history and spending habits, privacy issues become a concern. What kind of consent is required by consumers? How are consumers impacted if they don’t consent? What datasets can be shared between financial institutions?

To AI or Not To AI?

Much in the same way the industrial revolution modernized agriculture, production, and the way people lived and worked, for every improvement AI brings or promises, we’re also likely to find speedbumps. As a society, as we move forward, we are once again being asked to define what is and is not permissible.

Ludwig APC continues to be a strong voice for both those using AI and those affected by it, especially as it relates to business, IP, and privacy concerns. For our clients, we do not sugarcoat the reality of AI “on the ground” and its impacts, nor do we shy away from this new technology and its legal and societal implications.

Let’s Work Together: Global Experience, Personal Focus

Like it or not, and whether aware of it or not, AI is impacting our lives every day. All elements of society, from corporations and displaced workers to governments and the courts, will need to continue working together to find solutions. Ideally, everyone will be able to take advantage of this amazing moment in history without being taken advantage of. If you have questions about how AI tools and products may be affecting your business, intellectual property, or privacy, contact Ludwig APC to arrange a free consultation. As experts in copyright matters, IP, and business litigation, this is a topic we have been monitoring and continue to watch closely.

(619) 929-0873 |  consultation@ludwigiplaw.com.

Rapid advancements in artificial intelligence (AI) are ushering in new ways of working and doing business. Many individuals and businesses are being forced to adapt on the fly or get left behind, especially when it comes to creating and protecting intellectual property assets, asserting IP rights, and defending against infringement claims.

The past few years have seen many in the intellectual property space grappling with complex legal issues surrounding AI and its impact on IP. With the first quarter of 2024 already behind us, Ludwig APC expects more of the same.

Let’s identify what we expect to remain some of the big picture, key challenges and opportunities around AI and IP in 2024 and beyond.

First, What’s the Connection Between AI and IP?

It’s fundamentally important to understand that AI encompasses a wide range of technologies from machine learning algorithms to neural networks. In some ways, all AI systems are designed to perform tasks that traditionally required human intelligence, guidance, and/or input.

As a result, AI intersects with a number of fundamental areas often associated with the creation of IP. This includes patents, copyrights, trademarks, and trade secrets.

When it comes to IP, each of these areas is subject to longstanding legal precedent and best practices. However, with the advent of AI and its widespread use by individuals and businesses, that’s changing.

Patents and AI

As computer-related technology progressed in the mid- to late-20th century, the patenting process evolved as well to play a crucial role in protecting new software and high-tech hardware innovations. At the time, such advances were all created by humans, of course.

With AI, humans aren’t involved as much and, in some cases, not at all. For example, so-called Novel AI is designed to gestate new ideas through creativity, flexibility, and the ability to adapt and grow without human intervention. It’s therefore forcing legal experts to revisit the definition of “inventorship.”

Without human involvement, can AI systems be named as inventors on patents? It’s a growing debate that IP attorneys, the courts, regulators, inventors, and businesses the world over must address.

Copyright Challenges and AI-Generated Content

Similarly, the ability of AI to generate creative content raises questions about copyright ownership.

You may (or may not) be surprised to learn that at least 10% of all Internet content—much of the verbiage and images we view every day—is currently produced by artificial intelligence. If that’s not eye-popping enough for you, some experts expect around 90% of Internet content to be AI-generated not 10 or 20 years from now, but by as soon as 2026!

That said, challenges related to establishing authorship in the presence of AI systems, regardless of the extent of their contribution to the creative process, are certain to grow. Also, addressing the potential for infringement becomes crucial when AI-generated content bears resemblance to pre-existing copyrighted material crafted by human creators or other AI systems. What then?

Trademarks and AI

The use of AI in branding and marketing introduces challenges to existing trademark law as well. Much like questions around copyright, who is the author or creator when brand names, logos, and other advertising content is AI-generated?

If you use AI to create your brand marks, how “safe” is that work against infringement by others? Do you even own it? Who is at fault if a “new” trademark created by AI lacks distinction from existing materials, bordering on infringement?

The answers to these questions and many others remain to be determined.

Protecting Trade Secrets

As AI capabilities advance, the risk of reverse engineering or extracting proprietary information from competitors becomes more pronounced. Further, the interconnected nature of modern AI systems, which is integral to their learning and growth, raises the potential for sensitive information being leaked between them, whether intentional or not.

Thus, adopting resilient protection strategies—right for the times and adjusted to deal with AI systems—is likely to be the favored approach for maintaining trade secrets.

Data Privacy and Security

Another area on our radar at Ludwig APC is data privacy and security. All AI systems process vast amounts of data. How that data is shared between AI systems, how it’s utilized and who gets to see it; and how securely it’s stored raises significant concerns.

As compliance best practices and regulations evolve worldwide, businesses must be able to navigate various legal and ethical frameworks. Clearly, this is an area IP experts, regulators, courts, businesses, individuals, and cybersecurity specialists will be monitoring closely.  

How Ludwig APC Can Help

The AI revolution presents the world with intriguing prospects for innovation as well as legal and ethical challenges. Navigating these challenges requires a deep understanding of technology, business, intellectual property, and overarching legal and regulatory frameworks.

Ludwig APC is dedicated to educating, informing, and advising clients on how to safeguard and assert their IP rights and interests. If you have questions about how AI might impact you and the IP assets you’ve worked so hard to create, contact us today to arrange a free consultation.

(619) 929-0873 |  consultation@ludwigiplaw.com.