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In the Greek myth, Scylla and Charybdis were maritime hazards located close enough to each other that avoiding one meant passing too close to the other and falling victim to its dangers. This is not so unlike the increasing number of challenges set before law firm leaders as they try to navigate through what seems to be an increasingly perilous landscape rife with opposing hazards.
It is more expensive to operate a law firm than ever before, but demand and productivity are declining. To compensate and maintain profitability, rates are increasing, but Chief Legal Officers (CLOs) — under tremendous budgetary pressure — have set reducing outside counsel spend, right sizing legal services and cost minimization as top strategic objectives in 2023. See, 2023 ACC CLO Survey.
The vast majority (86%) of lawyers prefer working from home (see, 2023 Thomson Reuters State of the Legal Industry Report); almost half of all junior lawyers may leave a firm for a better WFH policy (see, "Where Does the Legal Profession Go From Here," ABA (Sept. 2022), but leadership fears of loss of firm culture and disengagement are driving an increase in RTO mandates (see, "A Huge Concern: Big Law Leaders Grappling with Attorney Disengagement," The American Lawyer (June 22, 2023). To compensate, firms are now placing an ever-increasing focus on how, where and what their real estate looks like, transforming their office spaces, increasing amenities and luring professionals back in a "flight to quality," but space utilization still hovers around 50%. See, Cushman & Wakefield 2023 Bright Insights.
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What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
GenAI's ability to produce highly sophisticated and convincing content at a fraction of the previous cost has raised fears that it could amplify misinformation. The dissemination of fake audio, images and text could reshape how voters perceive candidates and parties. Businesses, too, face challenges in managing their reputations and navigating this new terrain of manipulated content.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.