April 01, 2019

Subcommittee News

From the Cloud & Enterprise Technology Subcommittee
Candace Jones and Isvara Wilson

The Cloud & Enterprise Technology Committee is continuing its series of recurring drop-in conference calls. The next call is scheduled for Wednesday, April 10 at noon E.T. If you would like to join the call, please let us know and we will send call details and materials.

Several contributors have submitted draft chapters or chapter outlines for the book, DIRECTOR’S HANDBOOK – ENTERPRISE TECHNOLOGY. We will be circulating the draft material in advance of the next call. Call participants are asked to provide constructive feedback on the draft to assist contributors.

In Vancouver, we discussed content for a chapter providing tips for lawyers discussing technology issues with their boards and senior management. We envision the chapter as a collection of pointers contributed by Committee members. Michael Fleming has offered to edit the chapter. We will be circulating a template shortly. Please watch for it and share an insight or two based on your own experience.

From the Consumer Privacy and Data Analytics Subcommittee
John Isaza and John Rothchild

I.    Privacy Checklist Project Status

The Deadline to finish the first draft has been extended to April 15. Upon receipt of the first draft, the Subcommittee Co-Chairs will prepare an introduction to formally submit the document to the ABA. The Subcommittee will work with the ABA to determine the best format to publish the Checklist. In any event, a target of September 2019 has been set for publication in anticipation of the Business Law Section Annual Meeting in Washington DC.

II.    Hot Topics Brainstorming

The Subcommittee did some brainstorming on possible new hot topics for the next project. Regulation of AI and the emerging U.S. landscape of state privacy regulations bubbled to the top. It was decided the Subcommittee will propose a presentation in conjunction with the banking law Committee on the topic of the state privacy landscape for the Washington DC annual conference. The Corporate Compliance Committee also expressed interest in co-presenting on this topic.

From the Current Law Task Force
Michael Silvestro

Current Law Task Force Meeting – 4/23/19 at 11 AM CST

The next meeting of the Current Law Task Force will be April 23 at 11:00 AM CST. The Current Law Task Force hosts monthly calls to discuss new developments and emerging issues, as well as opportunities to publish updates to ABA members through various ABA publications. The call-in numbers for the next meeting are:

Toll-free dial-in number (U.S. and Canada):
(866) 646-6488

International dial-in number:
(707) 287-9583

Conference code:

If you are unable to attend the meeting, but are interested in developing a piece for publication, please contact Michael Silvestro at Michael.silvestro@rsmus.com.

From the Cyber Insurance Subcommittee
John Black

The Cyber Insurance Subcommittee is working to develop a series of articles that might be placed in Business Law Today to assist business attorneys and their clients in understanding, and preparing to apply for and utilize, cyber insurance to address their cybersecurity exposures. To assist attorneys and their clients in better understanding and implementing cyber insurance as part of a business’s cybersecurity arsenal, the articles would address a number of issues including: (1) describing and discussing the key features, definitions and exclusions in a cyber insurance policy, and walking the reader through a standard cyber insurance policy; (2) providing a checklist of important cyber insurance policy features that various types of businesses should review when considering the purchase of cyber insurance; (3) offering questions that businesses should address with their cyber insurance broker and underwriter; and (4) addressing the implementation of good cybersecurity practices, both when seeking to qualify for a cyber insurance quote and after cyber insurance is in place.

From the Robotics and Artificial Intelligence Subcommittee
Carla Reyes and Lisa Lifshitz

The Robotics and Artificial Intelligence (AI) Subcommittee met at the ABA’s Business Law Spring Meeting in Vancouver on Thursday, March 28th. A number of potential projects were discussed, including the development of legal/due diligence checklists relating to (i) the development of AI platforms/systems; and (ii) the acquisition/sale of AI platforms/systems. Please contact either Lisa R. Lifshitz or Carla Reyes if you would like to be part of this initiative. Additionally, at the same meeting the Subcommittee hosted a panel on Friday afternoon entitled, “Medical AI: Legal Issues of Robotics in Healthcare” featuring Stephen Wu, Lois Mermelstein, Steve Mutkoski, Mark Rasch that was moderated by Lisa R. Lifshitz. The panelists provided an overview of robotics and AI applications in healthcare, including related medical devices, and discussed intellectual property, ethics, privacy and cybersecurity and product liability issues as well as best practices and was well received by its audience. Materials for the program are available on the ABA’s website.

From the Electronic Payments and Financial Services Subcommittee
Sarah Jane Hughes and Steve Middlebrook

The E-Payments and Financial Services Subcommittee meeting in Vancouver featured two excellent speakers – Anne Butler, Chief Legal Officer and Head of Research, Payments Canada, and Carla Reyes, Michigan State University College of Law and Chair of the Joint Task Force on Electronic Negotiable Instruments in Cross-Border Transactions that the ABA is sponsoring. Anne provided an update on payments law in Canada and brief remarks on the proceeding initiated by Quadriga CX and Canadian insolvency processes. Carla spoke about the work of the task force so far and encouraged interested participants to join the project.

Sarah Jane sends thanks to the many CLC members who attended the CLE “Regulating Blockchain: How, When, and Why (Bother)?” at 8:30 am on Saturday morning. Your presence and questions really buoyed the spirits of the presenters – Amy Davine Kim, Norma Kravem, Joe Lynack, and myself – and honored AJ Bosco, who did a fabulous job bringing this Program to fruition. Special thanks go to AJ for keeping us moving and bringing to the discussion his own extensive knowledge of blockchain and cybersecurity.

From the Smart Contract and Blockchain Subcommittee
Bill Denney and John Ottaviani

The Smart Contract and Blockchain Subcommittee had another productive meeting in Vancouver.
Carla Reyes, Assistant Professor of Law and Director, Legal RnD – Center for Legal Services Innovation at Michigan State University College of Law, presented her research and led a lively discussion on her new unified theory of “code-connected contracts,” which gets away from the misnomer of “smart contracts.”

Bill Denny also advised those present that he, Professor Reyes, Ryan Rist from American Family Insurance, and John Ottaviani presented a “Business Law Basics” CLE for the Business Law Section on March 21 titled “Blockchain Technology and Smart Contracts for the Business Lawyer.” The materials for the webinar are available on the ABA website.

The subcommittee also discussed potential projects, including a survey and analysis of state laws in this area, the use of alternate entities for distributed organizations and projects, a glossary of technology and privacy concerns, including the implications of GDPR and the California Consumer Privacy Act (and other similar state laws) on blockchain applications.

We also welcome other topics for projects, particularly something that may be useful for someone’s practice or research. Anyone who is interested in a project should contact Bill Denny or John Ottaviani. If anyone who is interested in participating in a program at the Business Law Section Annual Meeting in September, proposals are due in early May.