Frank Ramos’ Post

“So, Frank what new things are you doing with AI?” “Glad you asked.”

If you’ve ever read a Spider Man comic book, watched the various animated series or a Spider Man movie, you know the phrase “with great power comes great responsibilty” (I’ve never bothered to research if Stan Lee came up with this phrase or whether he was quoting someone famous). That phrase applies to our posts on social media. Each of us who posts here or on other platforms has the potential of a post going viral, and sometimes they can go viral for the wrong reasons. When I share stories of someone who behaved badly toward me or another to show a life lesson, I never name names. I don’t see the point and I don’t want to be the reason to draw someone else into the limelight, especially for something that happened years or decades ago. The lesson isn’t really about the bad actor. It’s how we react and deal with bad actors going forward. Others take a different approach. Everyone is entitled to their own approach. Understand when naming names, you’ve just lit a match that may turn into a conflagaration. That’s fine if that’s what you want, but before you do, think through how it may play out. You may want to burn the whole house down, but often there are third parties in that house and sometimes the fire spreads to yours. Maybe keeping the sword sheathed is the better part of valor.

Here’s to Sanabria & Associates for his display at my favorite sandwich shop on 8th street, Sarussi. I don’t know the man, but I respect the hustle.

Generative AI’s entrance into enterprise environments has created a new dimension of company information and potential liability that many organizations aren’t quite sure how to handle. Information governance controls are now required for an uncharted category of records—namely “interactions,” which are logs of prompts used to query AI tools. New discovery rules and processes must be established for data categories that haven’t been discoverable, including interactions and company documents created entirely by a machine. Legal teams must now address governance and compliance, as well as e-discovery readiness, when implementing generative AI. They also must proactively map out policies for how employees may interact with these tools and where the underlying interactions are stored. This way, they can be properly retained, monitored for compliance purposes, defensibly disposed, and preserved as needed for future legal discovery requirements. While organizations are working toward generative AI use cases, more risk-oriented controls need to be considered in parallel: What happens to generative AI interactions within the organization? Where are interactions stored? Are they being retained or disposed of? Are they being monitored?

"Two things are currently key to the perceived value of a law firm. One is the experience that the firm has built up in terms of the individuals who are working there, their user experience, and what they've gathered over the course of their careers. The other is the reputation of the firm and perceived expertise in the advice they can provide. As we move into a more tech-enabled legal space, even advisory firms will see the value they can create and advertise. Firms that are smart enough to make the jump will get out in front, and those who end up on the back foot will face a competitive disadvantage."

Just as you may be doing for other departments in the company that use AI technology, you will want to set up a policy for who can use the tools as well as operating rules with any limitations on data usage. The operating rules should reflect considerations of the data privacy, security, and IP issues raised above, and the purposes of the tools. Ensure the policy is pragmatic so that it allows for innovation with appropriate guardrails. You also will want to test the tool to validate its continuing accuracy as well as any biases that surface and monitor for any other concerns that might arise. Training and educating your colleagues about the technology and the policy is important so they understand the best way to implement the tool and any limitations. Keep in mind the American Bar Association’s recent pronouncement that lawyers should maintain “relevant technological competence, which requires an understanding of the evolving nature” of generative AI.

Most clients are sending their outside counsel AI protocols. I've noticed a shift from "don't use AI" to "how we expect you to use AI." Most track the various AI ethics opinions - don't disclose confidential information on open models, test the outcome and don't overly rely upon it, don't bill us for the cost of your AI platforms and only bill us for actual time using them, train your team on their ethical, appropriate use, etc. It seems we have crossed the rubicon from fear to acceptance of AI. A full embrace of AI (subject to using it properly) is coming next.

I am new to Goldberg Segalla and have found it a supportive, colloborative environment with a superb culture. Reach out if you’re interested in joining our team. General Liability Associate, Buffalo https://lnkd.in/eCVjBrdB   Product Liability Associate, Princeton https://lnkd.in/eBMFrYFi   Product Liability Partner, Princeton https://lnkd.in/ejiVsQxB   Transportation Law Associate, Princeton https://lnkd.in/emHraCVk   General Liability Associate, Princeton https://lnkd.in/evTsZhrV   General Liability Associate, Baltimore https://lnkd.in/eKVbqCiN   General Liability Associate, Philadelphia https://lnkd.in/ekS3UfB4   Transportation Law Associate, Philadelphia https://lnkd.in/ekVTxHYT   General Liability Associate, Los Angeles or Orange County, CA https://lnkd.in/ecBaACKj   Toxic Tort and Environmental Law Associate, Metro NY https://lnkd.in/e5ZQ5CHt   Transportation Associate, Metro NY https://lnkd.in/eajDvBwK   General Liability Associate, Metro NY https://lnkd.in/eWb5Zw3w

Mark R. Antonelli is #hiring. Know anyone who might be interested?

Let's talk recruiters. Yesterday, I posted about our firm's needs, and numerous recruiters messaged me about those needs. I informed them that I was acting as the recruiter. Some responses were polite, some snippy. Hey, I get it. You gotta make a living. I respect that. I've been on this platform a bit and practicing longer. I've seen the vacillating hiring trends—too few jobs and too many candidates, then too many jobs and too few candidates, and around and around, one cycle followed by the opposite one. During each cycle, those holding the bag or without a chair after the music stops complain. Young lawyers struggled to get employment when there were too few jobs and often complained about recruiters not answering their e-mails and calls. Firms complained about getting candidates when there were too many jobs and often complained about recruiters not returning their calls or e-mails or sending candidates they were not interested in. Now I know many recruiters are not like this. You don't need to comment below saying you're not one of these glad handlers and then encouraging candidates and firms alike to contact you for genuine customer service (though, again, I appreciate the ingenuity and forwardness). For those who only serve others' needs when those needs serve you, a piece of advice - get in the habit of helping others, especially when helping them brings you no favor, advantage, or money. And paradoxically, when the cycles flip, those you helped when they needed your help and helping them didn't serve you are now in a position to help you. Help others because it's the right thing to do, and know you reap what you sow, and the blessings will come back to you. And as for young lawyers who aren't hearing back from recruiters, here's a free book I wrote on how to get a job: https://lnkd.in/eXF-XiX And for firms struggling to find qualified candidates, here's a free book on strategic planning for law firms that addresses hiring: https://lnkd.in/dveuQ8DF See, give it away, no strings. It's easy to do.