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Getting it Right: AI and Lawyers' Ethical Obligations



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Description: Judge Katherine Forrest will discuss the potential for generative AI, including large language models (LLMs), to reshape the legal profession, as well as how use of these tools may impact lawyers’ ethical obligations. Judge Forrest will provide an overview of the different use cases for attorneys employing generative AI in their practice, from completing 50-state surveys to brief writing to oral argument preparation.
 
We will discuss the potential for generative AI to raise ethical issues, such as the unlicensed practice of law, adhering to the duty of confidentiality and preserving privilege when using these tools (Rule of Professional Conduct 1.6), fulfilling the duty of competency in light of the varying limits and capabilities of generative AI tools (Rule of Professional Conduct 1.1), and considering the duty of candor given the growing number of rules of court governing the use of AI tools in legal practice (Rule of Professional Conduct 1.6).

Presenter Bios 

A partner in the Litigation Department, co-chair of the Digital Technology Group and a member of the Antitrust Practice Group, Katherine Forest previously served as a U.S. District Judge for the Southern District of New York and as a Deputy Assistant Attorney General in the U.S. Department of Justice’s Antitrust Division. A veteran trial attorney, Katherine regularly handles sensitive high technology investigations, litigation and advisory (in the areas of artificial intelligence, cryptocurrency and blockchain), complex commercial and antitrust litigation and intellectual property matters.
 
A remarkable litigator and trial talent with more than 30 years of experience, Katherine has led sensitive, high-profile investigations involving the DOJ, FTC and other U.S. and foreign regulators, and complex, high-stakes litigation spanning numerous substantive areas such as antitrust, copyright, patent, media, sports & entertainment and high technology including artificial intelligence, Web3 and digital assets. She has also worked extensively in the pharmaceutical, financial services, toxic tort and employment sectors. Sources quoted in Chambers USA note that Katherine “is one of the best if you have a significant litigation or internal investigation,” while Legal 500 US sources call her “a force in court.” Katherine is also widely regarded as a leader in legal issues relating to technology, including artificial intelligence, the digital environment, high-speed trading and content distribution, and big data.
 
Katherine was nominated by President Barack Obama and confirmed by the U.S. Senate in 2011 as a U.S. District Judge for the Southern District of New York. In her seven years on the bench, she presided over several thousand criminal and civil cases, including over 100 trials; authored more than 1,000 opinions; and sat by designation on the Second Circuit for dozens of appeals. The Judicial Panel on Multidistrict Litigation consolidated over 30 lawsuits filed nationwide concerning aluminum price-fixing allegations before Katherine. As a member of the Judicial Patent Task Force for the Southern District of New York, she presided over several dozen patent cases and conducted numerous Markman hearings. Before stepping down from the bench, Katherine also served on the Grievance Committee for the Southern District, including as chair from 2016—2018. Earlier, in 2010, Katherine served as Deputy Assistant Attorney General in the DOJ’s Antitrust Division, where she oversaw operations for criminal and civil enforcement and worked on merger review and numerous civil and criminal (cartel and price-fixing) antitrust investigations.
 
Prior to her eight years in government service, Katherine advised on and litigated antitrust, intellectual property, employment and contract issues for a wide range of clients in the media, airline, banking, healthcare, pharmaceutical and manufacturing industries. Over the years, her clients have included Time Warner and a number of its divisions, including Home Box Office, Warner Brothers Studios, Turner Broadcasting Systems and Time Warner Cable, as well as Warner Music Group, WarnerMedia, Schneider Electric, Fenway Sports Group, Eli Lilly and United Airlines.
 
 
A counsel in the Litigation Department and a member of the Digital Technology Group, Anna Gressel advises leading businesses on a wide range of complex and high-impact matters related to AI, blockchain and other innovative technologies. She was recently named by Re-Work as one of the “Top 100 Women Leading AI in 2023.”
 
Anna is deeply experienced in regulatory investigations, examinations and civil litigation related to digital technologies. She leverages her extensive knowledge of emerging regulations and industry best practices to counsel companies in implementing effective compliance, governance, and enterprise risk management policies and procedures to mitigate AI legal and regulatory risks. She has also represented global financial institutions and technology companies in challenging and complex regulatory inquiries and supervisory examinations concerning AI and data governance.
 
Anna regularly advises clients on the applicability of a broad range of laws and regulations to AI and emerging technologies, including the EU AI Act, Digital Services Act, Communications Decency Act, General Data Protection Regulation, Fair Housing Act, Equal Credit Opportunity Act, Copyright Act, FTC Act, federal banking regulations, and state insurance, privacy and biometric privacy laws. She has advised major public companies, global financial institutions, insurers, technology companies, fintech companies, blockchain and DeFi companies, and private equity and venture capital firms.
 
Anna is an active thought leader and speaker on emerging issues related to AI and data regulation, enforcement and litigation. She is the co-founder of the Women in AI Law and Governance Network, and previously created and chaired a roundtable series in collaboration with the IEEE focused on delivering cutting-edge information on AI regulation and risk management to senior legal executives. She also actively participates in industry efforts to establish best practices in the areas of AI risk management, compliance and governance.
 
Anna is actively involved in the development of junior lawyers, and particularly women lawyers. She currently serves as a commissioner on the American Bar Association's Commission on Women in the Profession, and was previously a member of the board of directors of Ms. JD, a national nonprofit organization dedicated to the success of women in law school and the legal profession. She also co-chairs the National Association of Women Lawyer’s Next Level Affinity Group.
 
Anna was awarded the senior prize in neuroscience while at Pomona College. Prior to attending Harvard Law School, she was the recipient of a Fulbright Research Fellowship to Morocco. She is a fellow of the American Bar Foundation.


Practice Areas: Ethics & Professional Responsibility, Information Technology Law & E-Commerce
Online Media Type: Video
Production Date: 01/08/2024 12:00 PM EST
Level: Intermediate
Category: Standard
Duration: 1 Hours, 0 Minutes
Online Format: Live
Course Type: Public

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Total Credits: 1
Specialty Credits: Ethics 1
Status: Reciprocal Credit Available
Expiration: 01/07/2025
Training Type: Online

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Speakers:
Katherine B. Forest - Paul, Weiss, Rifkind, Wharton & Garrison LLP
Anna R. Gressel - Paul, Weiss, Rifkind, Wharton & Garrison LLP
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