Should Lawyers and Judges Be Required to Disclose Their Use of AI?
To many of us, the answer seems obvious as the AI wave continues to crest. The City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies hosts Hon. Xavier Rodriguez, U.S. District Judge for the Western District of Texas, and Maura Grossman, a lawyer and scholar specializing in technology assisted review, to join Task Force member David Zaslowsky in giving that question a closer look.
With lawyers filing in court, perhaps we're leaping to conclusions that don't match our experience. After all, lawyers once worried that tech like email would be the end of confidentiality. Then again, when it comes to judges, the risks may be just as high as we think. Research and fact-finding may be one thing, but what about when a judge asks an AI tool to render a legal decision?
Judge Rodriguez and Professor Grossman consider many cases and court rules from the past year as we pull apart the surprising nuances of the question: should lawyers and judges be required to disclose their use of AI?
If you’re interested in learning more about how artificial intelligence will affect the legal world, check out the City Bar’s Artificial Intelligence Institute, available on-demand (https://services.nycbar.org/EventDetail?EventKey=OND061024). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.
04:06 The Infamous Mata vs. Avianca Case
04:47 Debating AI Disclosure Requirements
06:12 Challenges with Broad AI Regulations
09:13 Judicial Reactions to AI in Legal Practice
11:12 Proposed AI Certification in the Fifth Circuit
19:10 Legislative Overreach in AI Regulation
26:00 Judges Using AI: Ethical and Practical Considerations
34:05 AI in Judicial Decision-Making: Disclosure Dilemma
34:22 A Personal Experience with AI Dispute Resolution
35:52 The Role of AI in Low-Value Claims
36:49 Psychological Anchoring and AI in Courts
37:41 Judicial Canons and AI Usage
39:06 Global Examples of AI in Judicial Decisions
40:17 The Debate on AI's Role in Legal Interpretation
44:40 Judge Newsom's AI Journey
48:56 Concerns and Considerations with AI in Courts
57:30 Encouraging AI Experimentation in the Judiciary
59:40 Conclusion and Future Discussions
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1:01:04
The Legacy of the Handschu Consent Decree: NYPD Investigations of Political Activity
Muhammad Faridi, City Bar President, interviews Jethro Eisenstein, a key figure in the creation of the NYC’s Handschu Committee in response to NYPD "Red Squad" activities in the 1970s and 80s. Jethro shares the history of the Handschu litigation, a landmark case initiated in 1971 that imposed significant oversight on the NYPD’s investigation of political groups. Jethro recounts the origins of the case, the challenges that the Committee has faced through the years, and the evolution of legal oversight mechanisms over decades, including a post-9/11 revival. He reflects on his career and the impact of the Handschu guidelines on civil rights and police accountability.
01:37 Meet Jethro Eisenstein: A Legal Luminary
02:25 The Handschu Litigation: Origins and Impact
02:50 Jethro's Journey to Law and Early Career
08:14 The Red Squad and Political Surveillance
09:56 The Panther 21 Trial and Its Aftermath
12:29 Drafting the Handschu Complaint
25:57 Litigation Challenges and Class Action Certification
29:03 Settlement and the Handschu Authority
40:50 Post-9/11 Changes and Legal Battles
47:12 Revelations and the Role of the Civilian
53:20 Jethro's Legacy and Final Thoughts
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52:24
Law & Order & Cryptocurrency Scams
In this podcast hosted by the City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies, Alona Katz, Chief of the Virtual Currency Unit at the Brooklyn District Attorney's Office, alongside a panel of experts, discusses the growing issue of cryptocurrency investment scams, specifically 'pig butchering,' which one guest describes as “ a confidence scam and a romance scam and an investment scam all wrapped into one.”
The panel includes Inspector Osvaldo Nunez from the New York City Police Department; Kristen Spaeth, Manager on the Global Intelligence Team at Coinbase; Jonathan Scharf, Deputy Chief of Major Economic Crimes at the Queens County District Attorney's Office; and Adrian Cheek, a disruption expert. They share insights on current trends, investigation techniques, and strategies for effective disruption and seizure of assets.
The group emphasizes education as a key tool for inoculating the public to these scams, the importance of public-private sector collaboration, and proactive measures to prevent scams and protect victims.
If you’re interested in learning more about cryptocurrency and law enforcement trends, join us for the City Bar’s Crypto Institute on March 11 (https://services.nycbar.org/EventDetail?EventKey=INS031125). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.
00:00 Introduction and Host's Welcome
00:38 Meet the Experts: Introductions
05:37 Understanding Pig Butchering Scams
12:45 Law Enforcement's Perspective
22:52 Local vs. Federal Response
29:22 Private Sector Insights: Coinbase's Role
31:53 Transaction and Blockchain Analysis
32:54 Law Enforcement Collaboration
33:42 Coinbase's Protective Measures
34:35 Scam Detection Techniques
36:35 Tech Against Scams Coalition
37:28 Disruption Strategies in Investigations
40:12 Domain and Wallet Analysis
43:34 Advice for Law Enforcement
54:04 Future of Cryptocurrency Crime Units
55:45 Final Thoughts and Collaboration
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1:01:48
Benjamin N. Cardozo Lecture: Hon. Jed S. Rakoff — "SCOTUS’ History as a Regressive Institution"
In this special episode we hear the Hon. Jed S. Rakoff – Senior Judge, United States District Court, Southern District of New York – deliver a speech to the Association entitled "The U.S. Supreme Court’s History as a Regressive Institution."
Judge Rakoff’s speech is part of City Bar’s Benjamin N. Cardozo Lecture Series, which is inspired by the legacy of Benjamin N. Cardozo "and his love for the law, passion for justice and sympathy for humanity." First presented in 1941, previous speakers in the series have included Robert H. Jackson, Felix Frankfurter, William O. Douglas, Earl Warren, William J. Brennan, Jr., Marian Wright Edelman, and Ruth Bader Ginsburg, among many others.
Judge Rakoff was introduced by Judge Raymond Lohier, of the United States Court of Appeals for the Second Circuit, after a welcome from City Bar President Muhammad Faridi.
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42:36
Could Agentic AI Be Your New Legal Intern?
Presidential Task Force on AI and Digital Technologies members Wendy Butler Curtis and Robert Mahari are joined by Cai GoGwilt, founder of Ironclad, to discuss the power and potential of Agentic AI. Their conversation explores the definitions, capabilities, and notable limitations of the emerging Large Language Models. Building on Forbes’ “intern” analogy, the co-hosts highlight the ways in which Agentic AI can enhance productivity across several fields with its hyperintelligence and adaptability to complex tasks. Curtis, Mahari and GoGwilt conclude with thoughts on its future development, ethical considerations of its usage, and anecdotes of their most interesting encounters with these tools.
If you’re interested in learning more about artificial intelligence, join us for related programs at the City Bar, including the UN Summit of the Future: International Regulation of AI on November 4 (https://services.nycbar.org/EventDetail?EventKey=TFDT110424) and the Artificial Intelligence in Health Care: An Overview of Laws, Policy, and Practices webinar CLE on November 6 (https://services.nycbar.org/EventDetail?EventKey=_WEB110624). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.
00:00 Introduction to Agentic AI
05:14 Defining Agentic AI
08:11 Rapid Fire Q&A
09:07 Capabilities and Limitations of Agentic AI
13:55 Open Source and Future Prospects
21:26 AI's Limitations in Legal Contexts
22:01 Debating AI's Reasoning Capabilities
26:02 Practical Applications of AI in Various Industries
28:24 AI in Legal Practice: Current and Future Uses
31:47 Ethical Considerations and Professional Responsibility
32:34 Optimism and Concerns About AI's Future
40:10 Engaging with Generative AI: Practical Tips
41:56 Best and Worst Uses of Generative AI
45:47 Conclusion and Final Thoughts
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