Network Analysis and the Law: Dan Katz Confirmed for NELIC!

§ February 24th, 2011 § Filed under Conference, Speakers § No Comments

As promised, another speaker announcement coming out over the blog-waves today, excited to announce that researcher Dan Katz will be participating on our NELIC session on quantitative data mining and prediction in the legal system! Dan is PhD Candidate and currently a fellow in Empirical Legal Studies over at the University of Michigan. He’s also fellow at the Center for the Study of Complex Systems.

The NELIC team came across Dan’s work fairly recently – and it’s amazing stuff. He’s been working on large scale network analysis of the legal system and looking at a variety of topics in that space. That includes mapping the topology of the judiciary to detect systematic change in legal doctrines, tracing the complexity of systems of statutes, and a host of others you definitely need to check out if you haven’t seen it already.

To boot, he’s also one of the proprietors of the endlessly great resource that is the Computational Legal Studies blog. We’re thrilled to have him. We’ve updated the schedule accordingly — stay tuned for more tomorrow!

Joshua Walker to Speak at NELIC!

§ February 23rd, 2011 § Filed under Conference, Speakers § No Comments


Thrilled to announce today what will be the first in a series of speaker announcements rolling throughout this week and into next week. As mentioned before, shaping up to be a tremendous set of panelists, and we couldn’t be happier over here at NELIC headquarters.

Today — we’re excited to go public today with news that Josh Walker will be speaking at NELIC! Josh is the founder of the Stanford Center for Computers and Law, an interdisciplinary lab that examines how technology might radically enhance quality and efficiency in the legal system while reducing cost. He currently serves as CEO of Lex Machina, a company that is building one of the largest and most powerful empirical databases of patent and infringement outcomes in the world.

You can read more about Josh here. He’ll be bringing his ample experience and research to our panel on quantitative data mining and prediction on the legal system. Excited to have him! Announcing another panelist for that session tomorrow, stay tuned — we’ll also be updating the conference schedule as they come out.

NELIC Logo!

§ February 21st, 2011 § Filed under Conference § No Comments

Excited and just wanted to share this along — the New and Emerging Legal Infrastructures Conference now has an official logo! Celebrations all around.

We’ve been hard at work assembling speakers and guests for each of the panels, and we’ve got a few that are just about fully put together. It’s going to be an amazing group of speakers — stay tuned for some big announcements this week.

Announcing: A Symposium on Disruptive Legal Technology

§ February 13th, 2011 § Filed under Announcement, Conference § 1 Comment

As promised, after noodling around with a bunch of ideas, we’ve been working hard behind the scenes on a few projects to take place and launch this spring, but today I’m glad to officially go public with one of them.

Terrifically excited today to announce that we’ll be hosting the first ever New and Emerging Legal Infrastructures Conference (NELIC). We’ve secured space at Berkeley Law School on April 15th, to hold a one-day conference bringing together the technologists, entrepreneurs, and lawyers who are working on the biggest disruptive technologies and platforms in the legal industry. There’ll be four sessions, spanning a whole range of topics, specifically:

1) Quantitative Legal Prediction

Might recent work in machine learning and natural language processing influence legal practice and strategy? To what extent can judicial decision-making be reduced to statistical modeling and prediction?

2) Legal Financing and Securitization

As banks and other firms continue to experiment with the finance and investment of lawsuits, what is the long-term impact on the legal marketplace? Could it open the door to securitization and larger tradable legal assets?

3) The Future of Legal Automation

What is the current state of the automation of legal tasks, and how far can it scale? How much can be replaced by these applications, and what does the legal profession look like in a world of broad automation and commodification?

4) Legal Interfaces and User Experiences

Interacting with the law through simple, easy-to-use online platforms opens the possibility for broadening accessibility to the legal system. How might this be used?

We’re in the process of bringing together the speakers for each of the sessions, and will be making announcements on this as things continue to come together in February. Currently, registration is closed (and will be opening later in March), but if you or your organization would be interested in attending the event, drop a line to thwang@berkeley.edu!

Project Report: Legal Securities Schematic

§ November 21st, 2010 § Filed under Legal Securities, Projects § 1 Comment

One of the projects that we’ve been working on here at Robot Robot and Hwang headquarters is an open source project to develop the legal infrastructure to allow for large scale securitizing of lawsuits. We’ve been working on some of the basic pseudocode necessary for this to happen that’ll be releasing up on Github in a little bit, but wanted to drop out a post outlining the project and what we’ve been thinking about recently.

The basic concept is that there’s convertible risk in the current setup that’d allow for a potential restructuring of the legal market. Individual people have legal claims that they might want to pursue, but pursuing them tends to be an extremely costly and potentially risky proposition. There’s situations where they’d prefer to take an upfront, certain payout in exchange for the rights to a risky payment from pursuing the case.

Firms that have the capital are able to pool the risk by taking on a large number of claims, and reaping the benefit from the payments that come back. At the same time, these pooled bodies of lawsuits are also potentially attractive investments as assets for a whole range of financial firms, who would be willing to buy the rights and take a chunk of the payment as they are processed by firms and the court system. Firms would be willing to sell these pools as bundled assets if there was a framework, since it’d allow them to receive money upfront and fund the pursuit of these claims in the first place. As we’ve noted before, this happens already — though generally on a more one-off scale that doesn’t permit for a larger market to form.

The legal securities project is an effort to set up the legal code that’d put this into place and allow for this to happen. Specifically, there’s two big chunks of contract language that’s needed for something like this to happen:

1) A compiler: Which would allow for a standardized, boilerplate structure for people with claims to exchange the rights to the payout from those claims for a certain upfront payment. These claims would be sold to a bundler, who would act as a wholesale buyer of claims. In the simplest form of the idea, the bundler is a large law firm, who would also take on the role of processing these claims. In future iterations, we might add an initial decoupling step where the bundler sells the claims out to bidding law firms before assembling the complete security.

2) A “securitizer”: Which would allow for a bundler or law firm to stack and merge these purchased claims into a single contract which could then be sold out in the open market. Essentially the contract would allow a purchaser to receive regular payouts as the lawsuits are processed by the bundler.

We’re currently cranking on getting an alpha version of the compiler together and documented so people can take a look at the source and contribute/make suggestions. Stay tuned.

Updates and Legal Securitizing

§ November 17th, 2010 § Filed under News § No Comments

As you’ve probably noticed, we’ve been delayed as of late here at RRH. Luckily, though, it’s not just because we’ve been sitting around in the living room and eating Funyuns. There’s been two big projects on the hopper:

* A First Project: We’ve been cranking on finding organizational partners and getting spun up to develop our first application that we’re planning on rolling out in early 2011. It’s looking like a neat little initial step in robotic lawyering. Stay tuned!

* Legal Hacking Conference: There’s also been some interest among folks in throwing together a potential legal hacking conference over the summer, in the vein of the geek conference classics like DEFCON or HOPE. The idea would be to bring together folks who are working on legal technology, but also generally doing awesome things in hacking around the constraints of the law.  More news on that soon as well!

In the meanwhile, the partners have been watching the recent trend of investments in law suits with much interest. We’ve been putting a good deal of thought into the possibility of creating a commodified legal instrument that’d allow you to easily trade/sell/buy tort claims. This 7th Circuit case seems to permit it, though obviously more research/legal engineering would have to go into it.

On Legal Arms Dealing

§ September 6th, 2010 § Filed under Firm Opinion, Legal Hacking, News § No Comments

The boys and girls over at ABAJournal are reporting on the dramatic emergence of lawyer-entrepreneurs chomping up huge amounts of cash to compete with law firms in a big way even as the economy continues to tank. Combined with the ongoing trend of Biglaw partners leaving their cozy homes to spin up smaller, more maneuverable firms, it’s the opinion of senior partners here at RRH (and some of our collaborators) that we’re finally approaching a big, bad, rootin’-tootin’ High Noon style shootout on a global scale in the coming few years. On one side, the still-powerful, still-highly-respected-but-slow incumbents. On the other, the relatively-nimble-and-fresh challengers.

For legal hackers and supporters of legal hacking, there’s both ideological and pragmatic reasons to get into this fight. Not on any one side, but on creating applications and services that aid both sides.

Ideologically, it’s clear at this early stage that neither side of this fight has it quite where the legal hacker wants it yet. Incumbents are a natural opponent since they are relatively less progressive with regards to technology. But, the challengers are only partially on the side of legal hacking. While wanting to update the legal system with shiny new hardware, it’s clear that they largely want to just replicate the same old services and activities, but just cheaper, faster, and more efficiently (as indicated by some of the strongest boosters on this front). That’s pretty narrow thinking, and RRH thinks that it’s evident in how little gets talked about innovating on top of the law among both incumbents and challengers. It’s clear in the lack of real research and development even as the two teams gear up for a clash.

That being said, the conflict itself fuels a demand for the kind of research and development that legal hackers want. Challengers are looking for new ways to outflank incumbents, and incumbents are looking for ways to plug holes against the threats of challengers. Effectively, there’s a meta-market emerging to demand legal arms dealing, early-stage innovation for products that can be scaled-up and put into play in the emerging conflict over legal services. In some ways, this meta-market gets around the oft-cited problem that it looks like clients really aren’t playing a role in pushing things ahead. The very nature of competition over market share between incumbents and challengers creates the engine for technological development to occur, regardless of what clients are looking for.

Beyond being a great opportunity from the business angle, the disruptive aspects of supporting both sides opens a wedge for broader thinking and innovation to enter, so it’s worth finding ways to grease the wheels of collision. Engineering the proper tools can permit a disruptive and productive conflict between business models to deepen, but it can also cause the nature of the conflict itself to change.

A First Needed Hack: Lawyer as API Key

§ August 31st, 2010 § Filed under Firm Opinion, Legal Hacking § No Comments

There’s a pretty neat article over at Bruce MacEwen’s blog “Adam Smith Esq,” giving some of the pretty awe inspiring stats on the behemoth that is CPA Global, a firm that’s raised $700 million just this past spring. Essentially, the business is built around legal outsourcing — finding ways of reducing the reducible tasks of the legal business by farming it out to cheaper labor and automated systems. The business strategy ends up being pretty straightforwards: either bypass traditional law firms completely by marketing to enterprises, or contracting with law firms to automate some of their services.

This is, of course, mirrored on the more microscale by the automated software that can take a case and process the entire matter from start to finish. They’ve got some horrendously designed websites — and are involved in some pretty shady legal trolling, but their use is growing and the businesses that support them are booming.

The outcome, both on the large and the small scale, is the same. Increasingly, technology makes lawyers — and the law firms that collect them — merely points of access to the legal system. Once a machine is filing forms under a human name, or the lion’s share of legal work is being outsourced into disaggregated non-specialist workers, the fact that a lawyer is needed is an incidental requirement of the system. Effectively, their name just serves the role of authorization: a recognized pass that allows others to plug into the system. Despite the businesses that illustrate it, this reframing of the lawyer as simply a point of access is a great one, and suggests a thought about how legal hacking might be made possible.

In the technical space, the kind of grassroots innovation and hacker culture that made the internet such a profoundly generative and exciting space depended crucially on third-party innovation. The fact that it was easy for anyone to come along and experiment with code that they had designed allowed third-parties to find new users and applications for the computer that were completely unexpected.

However, the platform of the legal computer doesn’t have the same affordances as the digital one. If nothing else, the API keys are prohibitively expensive ($150,000+ and 3 years) and the hackerspaces at the forefront take a huge period of time to become part of (7+ years to partner) which prevents the same backwaters culture of amateur hacking to emerge. And despite having the skills, certification, and training to be a legal developer, you still don’t have the same freedom that you do in the digital space.

So, then, the zeroth hack that must occur before all else, in some sense, is this one: how can we provide those conditions for such a culture to emerge? How do you make the API keys widely available for experimentation and amateur development? What things can you put in place to encourage that activity to occur, all else being equal?

Reboot

§ August 27th, 2010 § Filed under News § No Comments

Wow, so it’s been awhile. I’m writing here from the new world headquarters of Robot Robot and Hwang in beautiful, sunny Berkeley, California. The senior partners are being moved over on the bed of a truck from Boston as I write this, and we’re leased a gorgeous new office space in an Oakland server farm (we’re down the hallway from some friendly servers that run a neat little mom-and-pop web hosting service). As our partners start spinning their hard drives and getting plugged in with the area, you can expect that we’ll be posting more regularly from here on in.

In any case, while we’ve been on hiatus with the move — we’ve gotten some fair questions from the boys over at the ABA as to what exactly it is that RRH is doing, and what we’re looking to do in the coming months. The partners have asked me convey their view on this publicly, so I figure it’s worth setting down here on the blog.

In brief, RRH is premised on the idea that the law — inclusive of the law itself as well as the practice of it — is a type of a computer in the technical sense of the term: a programmable machine that receives input, stores and manipulates data/information, and provides output in a useful format.

Beyond being a neat metaphor to just consider, such an analogy opens the ground to take action on three things:

First, to mine the data itself. If law concerns the manipulation of data, there is room to bring in a universe of techniques that have been developed from other fields in dealing with and better understanding large datasets. From RRH’s perspective, this includes everything from statistical analysis and machine learning to graph theory and others.

Second, to creatively design applications that experiment with the legal computer. The processes of the law define a framework for what is permissible. However, creative engineering and development can design novel programs that are possible within existing frameworks and create entirely new behavior. The invention of the modern corporation, for instance, is perhaps the best example of this programming. The creation of “real” programs — like the introduction of peer-to-peer sharing technology — can also play a role in disrupting the typical operation of the legal computer.

Third, to bring (digital) technology itself into the operation of the legal computer. Insofar as the law has traditional methods that process and manipulate data, the much improved information technology of the past decade may be useful in augmenting or supplanting those traditional methods. It might also play a role in stabilizing the system as a whole against the efforts of actors that are deploying this technology to their advantage (I’m thinking here of automated collections law firms).

Our mission with all these three is to prototype on, advance the progress of, and provide thinking about how each of these elements plays out in practice. Hope that helps to clear things up! Feel free to leave any questions. In any case, we’re excited to get rolling — keep an eye on this space.

Predicting Systemwide Judicial Behavior

§ July 22nd, 2010 § Filed under Judicial Predictability, Papers § No Comments

These papers have been floating around for awhile now, but it’s worth reposting again (pdf alert):

Needless to say to anyone familiar with the research, it’s clear that the number crunching indicates that two simple things. A) judges render decisions in a predictable way over time based on a not-overly complex set of factors, and B) quantitative approaches tend to systematically beat out legal “experts” at predicting which way a case will go (i.e. experience does not necessarily win out over calculation).

Most of the work has been done with the Supreme Court, which is data rich, but unfortunately pretty difficult to apply for 99.9% of work being done by lawyers. But what’s exciting about judicial prediction is that you might eventually be able to turn entire parts of the legal business into a numbers game, particularly as processing cases become more automated.

Example: say you wanted to aggregate a sufficient caselaw to challenge a particular doctrine — we could work to identify and aggregate a portfolio of cases to test against judges that we know statistically tend to give a thumbs down on a particular argument/doctrine/issue. So long as the rate of this targeting happens faster than the random cases entering the system, you could engineer an appellate body of cases that support an eventual argument one way or the other. That’d be pretty neat (though expensive). Even if the strategy wasn’t activist in nature, in the very least a model like this could give a prediction around the support around one argument or another over time, given the average case inputs into the system.

Thinking through the infrastructure to set something like this up, so RRH is currently looking for datasets that might be relevant to doing this kind of processing. Stay tuned!

« Older Entries Newer Entries »