After Saying COVID Would Only Kill 500 People, Law Professor Explains That He’s ALWAYS Thought Courts Should Overrule Scientists – Above the Law

There’s
a
decent
argument
that
no
single
human
being
did
more
to
prove
the
merits
of
the

Chevron

doctrine
than
law
professor
Richard
Epstein.
Before
the
Supreme
Court’s
last
Term
shift,
the
law
recognized
that,
when
it
comes
to
scientific
disputes
over
what
constitutes
toxic
waste
in
vague,
open-ended
public
safety
laws,
the
courts
should
default
to
the
actual
government
scientists
charged
with
implementing
those
statutes.
Now

John
Roberts
gets
to
decide
how
much
rat
poison
is
safe
to
put
in
a
hot
dog
.
COMFORTING!

But
Epstein
was,
unintentionally,
way
ahead
of
the
game
in
proving
why
this
result
is
so
deadly.

Epstein

took
to
the
pages
of
the
Hoover
Institution
on
March
18,
2020
,
to
explain
to
all
the
bedwetting
doctors
and
public
health
experts
out
there
that
he,
as
a
LAWYER,
had
already
considered
the
arrival
of
COVID
upon
American
shores
and
determined
that
it
was
all
much
ado
about
nothing.
All
Epstein
really
needed
to
reach
this
conclusion
was
some
out-of-context
data
reported
by
the
always-reliable-on-the-subject
Chinese
government.
And
while,
at
the
time
and
to
this
day,
there
are
actual
medical
debates
over
the
relative
merits
of
lockdowns
vs.
other
prophylactic
measures,
Epstein
bypassed
citing
these
battles
of
the
experts
to
issue
his
own
analysis.
In
the
end,
Epstein
reasoned,
the
virus
then
rampaging
across
Europe
would

only
kill
about
500
people
!

By
noon
of
March
24,
2020

less
than
one
week
after
publishing
his
article!

the
death
toll
in
the
U.S.
already
reached
592.
Epstein
said
the
“500”
number
was
“smaller
than
I
intended
to
state”
and
revised
his
figure
to…
5,000.
Epstein
and
Hoover
stopped
making
corrections
after
his
new
estimate
confirmed
his
buffoonery.
But
here’s
what
he
said
at
that
time:

So
my
adjusted
figure,
however
tweaked,
remains
both
far
lower,
and
I
believe
far
more
accurate,
than
the
common
claim
that
there
could
be
a
million
dead
in
the
U.S…..

The
current
U.S.
death
toll
from
COVID
is

somewhere
north
of
1.2
million
right
now
.

Fast
forward
to
today
and

a
Federalist
Society
webinar

about
the
post-Chevron
legal
landscape.
It
seems
Epstein’s
experience
as
an
armchair
scientist
whiffing
on
public
health
with
deadly
consequences

Donald
Trump’s
administration

enthusiastically
clung
to
Epstein’s
baseless
analysis
at
the
outset
of
the
pandemic


has
taught
him
some
humility.

LOL,
just
kidding!

I’ll
bet
he
was.

A
shocking
number
of
lawyers
are
positively
convinced
that
they
know
more
about
every
subject
based
on
three
years
of
torts
and
civ
pro
than
real
scientists.
It
develops
when
a
lawyer
confuses
doing
the
research
to

explain

the
merits
of
16th
century
oil
painting
with
thinking
they’re
qualified
to
be
a
painter.
One
is
about
cultivating
a
flexible
mind
respecting
the
lawyer’s
gift
for
marshaling
and
communicating
expert
information
and
the
other
is
about
being
an
idiot.

It’s
a
special
brand
of
hubris
possessed
only
by
lawyers
and
your
friend
who
thinks
you’d
“have
a
lot
of
fun”
at
their
improv
night.

The
irony,
of
course,
is
that
the

Chevron

doctrine
began
as
a
right-wing
troll
that
could
allow
Reagan-era
administrators
to
bypass
Congress
and
lift
restrictions
on
whole
swaths
of
sludge
while
finally
counting
ketchup
as
a
vegetable
for
school
lunches.
But
it
quickly
morphed
into
its
more
logical
end

a
vehicle
for
trained
experts
to
fulfill
laws
that
Congress
intentionally
leaves
open-ended.
Because
legislators
aren’t
equipped
to
predict
every
potentially
toxic
substance
that
could
ever
be
invented,
but
can
command
agency
scientists
to
“stop
people
from
poisoning
lakes.”

But
apparently
Epstein
knew
even
back
then
that
he
and
his
fellow
law-degree-holding
friends
would
be
better
at
science
than
all
the
scienticians
out
there!

Now,
thanks
to
the
Supreme
Court,
he
can
realize
his
dream
of
empowering
an
army
of
J.D.s
to
“well,
actually”
every
nerd
who
successfully
passed
organic
chemistry.


Earlier
:

Remember
When
A
Law
School
Prof
Said
Only
500
Americans
Would
Die
Of
COVID?
Whatever
Happened
With
That?


John
Roberts
Says
Judges
Should
Decide
How
Much
Rat
Poison
Is
Too
Much
For
Your
Hot
Dogs


Mask
Mandate
Struck
Down
Because
‘Sanitation’
Doesn’t
Mean
‘Keeping
Things
Clean’
For…
Reasons




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Black, Latino, Women Healthcare Leaders Sign Letters in Support of Kamala Harris – MedCity News

Healthcare
leaders
are
taking
a
stand
in
the
approaching
presidential
election.

Last
week
,
more
than
two
dozen
Black
and
Latino
healthcare
technology
leaders
endorsed
Vice
President
Kamala
Harris
for
president
in
an
open
letter.
This
follows
a
similar

letter

signed
by
more
than
500
women
healthcare
leaders
in
support
of
Harris.

The
former
letter
was
organized
by
Abner
Mason,
founder
and
CEO
of
SameSkyHealth;
Dr.
Daniel
Turner-Lloveras,
co-founder
and
CEO
of
The
Latino
Health
Innovation
Alliance
and
SaludConTech;
and
Kevin
Dedner,
health-tech
entrepreneur
and
author.
In
the
letter,
the
leaders
note
that
Harris
has
shown
a
“deep
understanding
of
the
structural
barriers
that
communities
of
color
face
in
healthcare.”
They
added
that
she
has
championed
policies
that
expand
digital
health,
support
minority
entrepreneurs
and
help
community-driven
solutions.

“As
healthcare
innovators,
we’ve
dedicated
our
lives
to
building
health-improving,
and
sometimes
life-saving
innovations
and
therapies,”
Mason
told
MedCity
News
in
an
email.
“Without
health
insurance,
these
innovations
would
only
benefit
the
wealthy.
Trump
continues
to
push
to
repeal
the
Affordable
Care
Act
(ACA),
while
refusing
to
offer
a
real
alternative
to
the
45
million
Americans
who
now
get
their
health
insurance
as
a
result
of
the
ACA.
After
a
term
as
President,
and
four
years
since,
Trump
still
has
only
‘concepts
of
a
plan’
for
the
millions
who
will
lose
their
health
insurance
if
he
prevails.
This
is
not
only
insufficient,
it
is
disqualifying.” 

Mason
is
referring
to
a
comment
that
Trump
made
during
the

September
presidential
debate
,
in
which
he
was
asked
if
he
has
a
plan
for
the
ACA
and
said
that
he
has
“concepts
of
a
plan.”

The
letter
among
women
healthcare
leaders,
meanwhile,
was
led
by
Missy
Krasner,
healthcare
investor
and
board
advisor;
Miriam
Paramore,
health
information
technology
expert;
Lori
Evans
Bernstein,
former
CEO
and
founder
of
Caraway;
Dr.
Molly
Coye,
former
board
member
of
Aetna/American
Hospital
Association;
Laurie
McGraw,
executive
vice
president
of
Transcarent;
and
Audrey
Mann
Cronin,
advisor
to
healthcare
CEOs.
The
group
is
called
the

Women
Healthcare
Leaders
for
Progress
.

This
group
is
focused
on
three
areas
within
healthcare:
reproductive
rights,
affordable
health
insurance
and
preserving
Medicare
and
Medicaid.

“[We’ve]
been
around
healthcare
for
a
long
time,”
McGraw
told
MedCity
News
at
the
HLTH
conference
last
week.
“We
know
it’s
complex.
We
know
that
when
there
is
an
opportunity
for
Medicaid
expansion
that
people
get
better
care,
and
we
need
confidence
and
competence
in
the
White
House.

We’ve
all
been
in
quite
a
bit
of
shell
shock
still
from
Roe
v.
Wade
being
turned
back.

We
can’t
continue
to
go
backward
because
it’s
just
unacceptable.
So
this
was
an
effort
to
say
it
is
too
important
to
play
it
safe.
We’re
going
to
put
our
names
out
there.”

Leading
up
to
the
election,
both
groups
are
trying
to
educate
voters.
Mason
said
he’s
reaching
out
to
media
outlets
with
large
Black
and
Latino
readerships,
including
Black
Enterprise
and
People
of
Color
in
Tech.
Krasner
mentioned
that
the
Women
Healthcare
Leaders
for
Progress
is
organizing
in
swing
states
and
volunteering
to
drive
voters
and
canvass.
While
the
group
isn’t
focused
on
policy
work,
it
is
dedicated
to
spreading
awareness.

Some
healthcare
players
have
also
come
out
in
support
of
Trump,
particularly

VCs
,
The
Atlantic
reported.
For
example,
VC
firm
Andreessen
Horowitz
co-founders
Marc
Andreessen
and
Ben
Horowitz
backed
Trump,
though
Horowitz

later
announced

a
“significant
donation”
to
support
Harris,
according
to
the
Financial
Times.
There
is
also
a

group
of
VCs

backing
Harris.

Following
the
election,
Mason
said
his
group
plans
to
meet
with
the
new
administration

which
they
hope
will
be
a
Harris
administration

to
share
their
perspective.
The
group’s
policy
priorities
for
the
new
administration
include
expanding
digital
access,
implementing
safeguards
against
algorithmic
bias,
investing
in
Medicaid
and
supporting
minority
entrepreneurs.
Krasner
said
that
if
Trump
is
elected,
the
Women
Healthcare
Leaders
for
Progress
will
continue
its
advocacy
work.
If
Harris
is
elected,
however,
“there’s
enough
of
us
that
are
already
working
in
healthcare
that
are
pretty
tapped
in”
with
the
White
House.


Photo:
MarianVejcik,
Getty
Images

Morning Docket: 10.30.24 – Above the Law

(Photographer:
Stefani
Reynolds/Bloomberg)

*
David
Boies
thinks
the
Supreme
Court
doesn’t
want
a

Bush
v.
Gore

redux
and
the
brutal
reputation
hit
that
carried.
Which
would
be
the
prudent
response
of
a
credible
institution,
but
after

Dobbs,
and

Bruen
,
and

Trump
some
men
(and
one
woman)
just
want
to
watch
the
world
burn.
[National
Law
Journal
]

*
Supporting
his
theory,
the
Supreme
Court
just
declined
to
enter
the
fray
to
remove
RFK
Jr
from
state
ballots,
meaning
Trump’s
new
brain
worm
buddy
will
continue
splitting
votes.
[Law360]

*
Jones
Day
is
back
on
the
MAGA
train
officially,
putting
in
the
hours
to
disenfranchise
battleground
state
voters.
[Bloomberg
Law
News
]

*
Lawyer
disciplined
for
sending
threatening
letters
to
schools
over
COVID
measures.
[LegalCheek]

*
Kamala
Harris’s
law
school

UC
San
Francisco

sees
an
applicant
surge.
[Reuters]

*
Interesting
look
at
Susman’s
approach
to
getting
young
attorneys
meaningful
trial
experience.
[Litigation
Daily
]

*
Lawyer
based
her
career
off

Bull
Durham

and
it
sorta
works.
[ABA
Journal
]

Volatile exchange rate delays govt’s urban food relief program


By
Costa
Nkomo 

The
government
has
allocated
US$13
million
for
the
program,
which
is
being
implemented
through
electronic
cash
transfers.

The
amount
is
equivalent
to
ZWL$4.50
at
the
parallel
market
rate
(US$1:
ZWL$45)
or
ZWL$13.6
at
the
interbank
rate
(US$1:
ZWL$26).

Information
Minister
Jenfan
Muswere
confirmed
the
program’s
launch
at
a
recent
cabinet
media
briefing.

“Disbursement
of
funds
to
beneficiaries
with
correct
details
has
since
commenced
under
the
Urban
Cash
for
Cereal
Programme
and
a
total
of
28
726
beneficiaries
have
been
reached
with
cash
disbursements
as
of
28th
October
2024,”
Muswere
said.

Public
Services
Minister
July
Moyo
attributed
the
slow
rollout
to
changes
in
the
exchange
rate
and
challenges
in
registering
vulnerable
urban
residents.

“We
have
been
slow
in
registering
the
people
who
deserve
to
have
food.
Our
target
was
1.7
million
people
and
all
the
urban
areas
have
been
working
very
hard.
This
28
000
represents
a
very
small
number
of
what
we
are
distributing,”
Moyo
admitted.

“We
were
delayed
also
because
we
wanted
to
recalibrate.
At
first,
we
benchmarked
with
US$8
dollars
per
person.
In
a
family
of
five,
that
will
mean
US$40
dollars
translated
at
US$1:
ZiG13.6.
That
immediately
changed
and
we
had
to
rework
such
that
we
can
use
the
latest
rate
at
US$1:
ZiG24,”
Moyo
added.

Meanwhile,
the
government’s
second
blitz
food
distribution
program,
which
aims
to
deliver
139
854.94
metric
tonnes
of
cereal
across
the
country,
has
reached
62.7%
of
its
target,
moving
94,527.64
metric
tonnes
as
of
October
22nd.

Zimbabwe
is
facing
a
severe
drought,
caused
by
the
El
Niño
phenomenon,
which
has
destroyed
over
80%
of
the
harvest.
The
country
has
appealed
for
US$3
billion
in
international
aid
to
address
food
insecurity
affecting
an
estimated
nine
million
people.

Biglaw Associates Are Getting Ready For A Big Payday – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


According
to
Above
the
Law’s
2024
bonus
prediction
survey,
what
percentage
of
respondents
think
they’ll
get
special
bonuses
(in
addition
to
annual
bonuses)
to
match

Milbank’s
summer
bonuses

at
year’s
end?


Hint:
Associates
are
bullish
on
bonuses
this
year,
with
57%
predicting
year-end
bonuses
in
2024
will
be
higher
than
in
2023.



See
the
answer
on
the
next
page.


Bonus Time

Enter
your
email
address
to
sign
up
for
ATL’s

Bonus
&
Salary
Increase
Alerts
.


The Three Principles of Responsible AI Development, and Other Takeaways from the Everlaw Summit

At
the

Everlaw
Summit

in
San
Francisco
last
week,
the
annual
customer
conference
of
the
e-discovery
company

Everlaw
,
founder
and
CEO

AJ
Shankar

delivered
a
keynote
address
in
which
he
announced
the
general
availability
of
three
generative
AI
features
the
company
first
introduced
last
year
and
had
been
developing
in
beta
ever
since.

In
the
course
of
delivering
that
address
(see
featured
image
above),
Shankar,
a
computer
scientist
by
training,
detailed
the
core
principles
that
guide
the
company’s
AI
development

principles
that
he
said
are
“table
stakes”
to
ensuring
responsible
AI
development
and
the
best
long-term
outcomes
for
customers.

The
three
features
announced,
all
under
the
umbrella
name
Everlaw
AI
Assistant,
are
now
live
on
the
Everlaw
platform,
although
customers
must
purchase
credits
beyond
their
standard
subscriptions
to
use
them.
They
are:

  • Review
    Assistant,
    for
    reviewing,
    summarizing
    and
    prioritizing
    documents.
  • Coding
    Suggestions,
    for
    coding
    and
    categorizing
    documents
    based
    on
    criteria
    provided
    by
    the
    user.
  • Writing
    Assistant,
    for
    analyzing
    and
    brainstorming
    against
    documents,
    evidence
    and
    depositions.


Three
Core
Principles

At
a
time
when
many
legal
professionals
still
question
the
safety
and
accuracy
of
generative
AI,
it
was
notable
that
Shankar
devoted
a
substantial
portion
of
his
keynote
to
talking
not
about
the
products,
per
se,
but
about
the
three
core
principles
that
guided
their
development
and
Everlaw’s
development
of
other
AI
products
still
to
come.
Those
principles
are:

  • Privacy
    and
    security.
  • Control.
  • Confidence.

With
regard
to
privacy
and
security,
Shankar
said
that
Everlaw
ensures
that
providers
of
the
large
language
models
it
uses
adhere
to
strict
data
retention
policies.
Everlaw
prevents
LLM
providers
from
storing
any
user
data
beyond
the
immediate
query
and
from
using
that
data
for
model
training.


Keynote
speaker
Shankar
Vedantam,
creator
and
host
of
the
Hidden
Brain
podcast,
is
interviewed
by
journalist
Thuy
Vu.

“We
ensure
that
they
apply
zero
data
retention
to
your
data,
which
means
that
when
you
send
data
to
them,
they’re
not
allowed
to
store
it
for
any
reason
past
when
they’ve
answered
your
query,
as
well
as
no
training,
so
they
can’t
use
the
data
to
train
their
models
in
any
way.”

With
regard
to
control,
Shankar
said
Everlaw
is
committed
to
enabling
users
to
maintain
control
over
their
data
and
tool
usage
through
features
that
allow
them
to
manage
visibility,
access,
and
project-specific
settings.
Everlaw’s
approach
to
transparency
includes
notifying
users
when
they
are
using
AI-powered
features
and
making
it
clear
which
models
are
in
use.

Administrative-level
control
allows
admins
to
control
access
to
AI
features
as
well
as
consumption
of
AI
credits
at
various
organizational
and
project
levels.

“Your
users
should
always
know
when
they’re
using
gen
AI,”
Shankar
said.
“We’ll
tell
you
what
models
we
use.
We
want
you
to
have
that
kind
of
transparency
and
control
in
your
interactions
here,
so
you
can
best
devise
how
to
use
a
tool.”

The
third
principle

that
of
enabling
customers
to
have
confidence
in
using
these
tools

is
the
hardest,
Shankar
said.
“We
know
gen
AI
can
provide
immense
value,
but
it
can
also
make
mistakes,
right.
We
all
know
about
the
potential
for
so
called
hallucinations.”


A
panel
of
judges
share
their
perspectives
on
AI,
technology
and
the
law.
From
left:
moderator
Gloria
Lee,
Everlaw’s
chief
legal
officer;
U.S.
Magistrate
Judge
Allison
Goddard
of
the
Southern
District
of
California;
Superior
Court
Judge
Evette
Pennypacker
of
Santa
Clara
County,
Calif.;
and
U.S.
District
Judge
Rebecca
Pallmeyer
of
the
Northern
District
of
Illinois. 

Shankar
outlined
two
ways
Everlaw’s
development
of
AI
seeks
to
establish
confidence
in
the
AI’s
results.


  • Play
    to
    AI’s
    strengths.

    “The
    first
    thing
    we
    do
    is
    that
    we
    design
    experiences
    that
    play
    to
    the
    strengths
    of
    large
    language
    models
    and,
    to
    the
    extent
    possible,
    avoid
    their
    weaknesses.”
    That
    means
    focusing
    on
    use
    cases
    where
    LLMs
    have
    reliable
    innate
    capabilities,
    such
    as
    natural
    language
    fluency,
    creativity,
    and
    even
    some
    reasoning.
    Even
    then,
    he
    said,
    “we’re
    really
    wary.”
    For
    that
    reason,
    Everlaw
    avoids
    uses
    that
    require
    embedded
    knowledge
    of
    the
    law
    and
    instead
    delivers
    results
    that
    rely
    on
    the
    four
    corners
    of
    the
    document
    set
    on
    which
    the
    customer
    is
    working

    documents
    provided
    to
    the
    model
    when
    it
    is
    queried,
    not
    when
    it
    is
    being
    trained.
    “That
    makes
    a
    far
    more
    reliable
    experience.”

  • Embed
    into
    existing
    workflows.

    By
    embedding
    the
    AI
    into
    customers’
    existing
    workflows,
    rather
    than
    in
    a
    conversational
    chat
    interface
    that
    gives
    open-ended
    answers,
    the
    AI
    is
    able
    to
    deliver
    answers
    with
    greater
    precision.
    “We
    don’t
    want
    users
    having
    to
    learn
    how
    to
    prompt
    engineer
    to
    get
    what
    they
    want.
    They
    basically
    will,
    in
    many
    cases,
    just
    click
    a
    button
    and
    we’ve
    done
    the
    work
    for
    that
    precise
    use
    case
    to
    ensure
    it’s
    going
    to
    be
    reliable.”
    This
    embedding
    into
    workflows
    also
    means
    that
    the
    necessary
    context
    is
    provided
    to
    more
    precisely
    answer
    the
    question.
    “So,
    together,
    being
    able
    to
    have
    precise
    use
    cases
    and
    having
    all
    the
    context
    you
    need
    allows
    for
    protective
    guardrails
    and
    higher
    quality
    outputs.”

But
he
said
there
is
a
third
aspect
of
building
confidence
in
the
AI,
and
it
is
something
customers
have
to
do
for
themselves,
which
is
to
change
their
mental
model.

“What
you
basically
have
to
do
is
think
about
using
a
computer
a
little
bit
differently
from
how
we’ve
all
been
trained
to
do
for
many
years.
You
have
to
move
from
an
interaction
model
where
you
have
very
repeatable
interactions
that
are
also
largely
inflexible,
like
a
calculator,
to
a
variable-interactions
model,
where
things
might
be
a
little
different,
but
it’s
highly
flexible.
It’s
much
more
like
a
human.”


‘A
Smart
Intern’

In
fact,
he
urged
the
audience
to
think
of
gen
AI
as
a
“smart
intern”

very
capable
and
very
hard
working,
but
still
able
to
make
mistakes.
Over
time,
you
need
to
learn
what
the
intern
is
capable
of
and
determine
your
personal
comfort
level
with
its
capabilities,
but
in
the
meanwhile,
you
need
to
continue
to
check
its
work.

“In
this
new
world,
it’s
neither
good
to
just
blindly
trust
the
output
of
a
gen
AI
tool,
nor
is
it
good
to
just
say,
hey,
one
mistake
and
it’s
out.
It’s
like
a
person,
and
that’s
a
fundamental
shift
in
how
we
want
you
to
think
about
these
tools.”

Just
as
you
would
with
an
intern,
in
order
to
build
confidence
in
the
AI,
you
need
to
check
its
work,
to
learn
what
it
is
good
at
and
what
it
is
not.
For
that
reason,
he
said,
Everlaw
builds
its
AI
products
with
features
that
make
it
easy
for
users
to
check
the
outputs.


A
virtual
Kevin
Roose,
tech
columnist
for
The
New
York
Times,
is
interviewed
by
Alex
Su,
chief
revenue
officer
at
Latitude,
and
Rachel
Gonzalez,
director
of
customer
marketing
at
Everlaw. 

“Our
answers
will
cite
specific
passages
in
a
document
or
specific
documents
when
you’re
looking
at
many
documents
at
once,
and
so
you
can
check
that
work.”

A
specific
example
of
this
ability
to
check
the
AI’s
work
can
be
found
in
the
new
Coding
Suggestions
feature,
which
will
evaluate
and
code
each
document
in
a
set
based
on
instructions
you
provide,
much
like
human
reviewers
would
do.

Unlike
predictive
coding,
it
will
actually
provide
an
explanation
for
why
it
coded
a
document
a
certain
way,
and
cite
back
to
specific
snippets
of
text
within
the
source
document
that
support
its
coding
decisions.
This
allows
the
user
to
quickly
verify
the
results
and
understand
why
the
document
was
coded
as
it
was.

“It
has
a
richer
semantic
understanding
of
the
context
of
each
document,
which
allows
for
a
unique
insight
like
a
human,
potentially
beyond
what
predictive
coding
could
provide
by
itself,”
Shankar
said.


A
Skeptic
Converted

During
his
keynote,
Shankar
invited
onto
the
stage
two
customers
who
had
participated
in
the
beta
testing
of
these
AI
products.

Of
particular
interest
was
customer

Cal
Yeaman
,
project
attorney
at
Orrick,
Herrington
&
Sutcliffe,
who
admitted
he
had
been
highly
skeptical
of
using
gen
AI
for
review
before
testing
the
Review
Assistant
and
the
related
Coding
Suggestions
features
for
himself.

In
his
testing,
he
compared
the
results
of
the
gen
AI
review
tool
against
the
results
of
both
human
review
and
predictive
coding
for
finding
responsive
and
privileged
documents.

“I
was
surprised
to
find
that
the
generative
AI
coding
suggestions
were
more
accurate
than
human
review
by
a
statistically
significant
margin,”
he
reported.

He
speculated
that
others
might
get
different
results
when
using
the
gen
AI
review
tool,
depending
on
their
criteria
for
the
case,
the
nature
of
the
case,
and
the
underlying
subject
matter.

“But
the
more
subject
matter
expertise
is
required,
the
more
it’s
going
to
favor
something
like
the
generative
AI
model,”
he
said.

Another
way
in
which
the
gen
AI
review
impressed
him
was
its
consistency
in
coding
documents.
“If
it
was
right,
it
was
consistently
right
the
whole
way
through.
If
it
was
wrong,
it
was
consistently
wrong
the
whole
way
through.”
That
consistency
meant
less
QC
on
the
back
end,
he
said.

He
also
commented
on
the
speed
of
the
gen
AI
tool
compared
to
other
review
options.
In
just
a
few
hours,
he
was
able
to
complete
two
tranches
of
review
of
some
4,000-5,000
documents,
including
privilege
review.

Even
for
someone
who
is
inefficient
in
their
use
of
gen
AI,
the
review
would
have
cost
less
than
half
that
of
a
managed
review,
and
for
someone
who
is
proficient
in
these
tools,
the
cost
would
be
only
5-20%
of
the
cost
of
managed
review.
“So
it
was
a
massive
savings
to
the
client,”
he
said.

Of
course,
cost
doesn’t
matter
if
the
product
can’t
do
the
job,
he
said.
On
this,
he
said,
of
all
the
documents
that
the
model
suggested
were
not
relevant,
the
partner
who
reviewed
the
results
as
the
subject
matter
expert
found
only
one
that
he
considered
was
relevant,
and
that
was
a
lesser-inclusive
email
that
was
already
represented
in
the
production
population.

He
said
it
was
also
highly
impressive
in
its
identification
of
privileged
documents,
catching
several
communications
among
lawyers
who
the
review
team
had
not
been
aware
of
or
who
had
moved
on
to
other
positions.
In
one
instance,
it
flagged
an
email
based
only
on
a
snippet
of
text
that
a
client
had
copied
from
one
email
chain
and
pasted
into
another
email
with
only
the
lawyer’s
first
name
to
identify
him
and
no
reference
to
him
as
an
attorney.


I
moderated
a
panel
on
uncovering
key
evidence
in
high-profile
litigation
with
panelists
Mark
Agombar,
director
of
XBundle
Ltd.,
who
worked
on
the
U.K.’s
Post
Office
Horizon
litigation,
and
Greg
McCullough
of
Fire
Litigation
Consulting,
who
is
currently
working
on
litigation
relating
to
the
Maui
wildfire. 

“There’s
no
indication
that
it
was
an
email
to
an
attorney.
There’s
no
indication
that
it’s
necessarily
privileged.
Nothing
in
the
metadata.
No
nothing.”

Overall,
he
said,
there
was
close
alignment
between
the
gen
AI
coding
suggestions
and
the
predictive
coding,
with
their
suggestions
generally
varying
by
no
more
than
5-10%.

However,
in
those
cases
where
there
was
sharp
contrast
between
the
generative
AI
suggestions
and
the
machine
learning
models,
he
said,
then
in
every
instance
the
subject
matter
expert
found
that
the
gen
AI
had
gotten
it
right.

“Those
documents
tended
to
be
something
that
needed
some
sort
of
heuristic
reasoning,
where
you
need
some
sort
of
nuance
to
the
reasoning,”
he
said.


Other
New
Products

For
all
the
focus
on
generative
AI
at
the
Everlaw
Summit,
Shankar
noted
that
only
20%
of
the
company’s
development
budget
is
devoted
to
gen
AI,
with
the
rest
going
to
enhancing
and
developing
other
features
and
products.

In
a
separate
presentation,
two
of
the
company’s
product
leads
gave
an
overview
of
some
of
the
other
top
features
rolled
out
this
year.
They
included:

  • Multi-matter
    models
    for
    predictive
    coding.
    This
    provides
    the
    ability
    to
    leverage
    predictive
    coding
    models
    created
    in
    one
    matter
    to
    be
    reused
    in
    subsequent
    similar
    matters,
    making
    it
    possible
    to
    generate
    prediction
    scores
    on
    new
    matters
    almost
    immediately.
    Over
    time,
    customers
    will
    be
    able
    to
    create
    libraries
    of
    predictive
    coding
    models.
  • Microsoft
    Directory
    Integration
    for
    Legal
    holds.
    This
    feature
    allows
    users
    to
    create
    dynamic
    legal
    hold
    directories
    by
    connecting
    a
    Microsoft
    Active
    Directory
    to
    their
    legal
    holds
    on
    Everlaw.
    That
    can
    streamline
    the
    process
    of
    creating
    a
    legal
    hold
    and
    keep
    custodian
    information
    in
    existing
    legal
    holds
    up
    to
    date.
  • Enhancements
    to
    Everlaw’s
    clustering
    and
    data
    visualization
    tools.


A
Note
on
the
Conference

This
was
my
first
time
attending
the
Everlaw
Summit.
As
it
generally
the
case
with
customer
conferences,
there
would
be
little
reason
to
attend
for
those
who
are
not
either
customers
or
considering
becoming
customers.


Panelists
who
tackled
the
issue
of
deepfakes
in
the
courtroom
were
Judge
Evette
Pennypacker
from
the
Superior
Court
of
Santa
Clara
County,
Calif.;
Justin
Herring,
partner
at
Mayer
Brown;
Rebecca
Delfino,
associate
dean
at
Loyola
Law
School;
Chuck
Kellner,
strategic
discovery
advisor
at
Everlaw;
and
Maura
Grossman,
research
professor
at
the
University
of
Waterloo. 

That
said,
the
more
than
350
attendees
(plus
Everlaw
staff
and
others)
got
their
money’s
worth.
The
programs
that
I
attended
were
substantive
and
interesting,
and
many
covered
issues
that
were
not
product
focused,
but
of
broad
interest
to
legal
professionals.
(I
moderated
one
such
panel,
looking
at
the
discovery
issues
and
strategies
in
two
high-profile
litigations
that
have
been
in
the
news.)

The
conference
also
featured
two
fascinating
“big
name”
speakers


Shankar
Vedantam
,
creator
and
host
of
the

Hidden
Brain

podcast,
and

Kevin
Roose
,
technology
columnist
for

The
New
York
Times
.

An
unfortunate
sidebar
to
the
conference
was
the
strike
by
workers
at
The
Palace
Hotel,
the
Marriott-owned
hotel
where
the
conference
was
held.
Just
a
couple
days
before
the
conference
started,
they
started
picketing
outside
the
hotel,
joining
a
strike
and
picket
lines
that
are
ongoing
at
Marriott
hotels
throughout
the
United
States.

Workers
are
seeking
new
collective
bargaining
agreements
providing
higher
wages
and
fair
staffing
levels
and
workloads.

You
can
read
more
about
the
hotel
workers’
campaign
at

UnitedHere!

and
find
hotels
endorsed
by
UniteHere
at

FairHotel.org
.

Of Course Kamala Harris Could Do A Joe Rogan Interview… – Above the Law

(Photo
by
ALLISON
JOYCE/AFP
via
Getty
Images)



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


Conservatives
are
convinced
Kamala
would
melt
down
doing
a
full
Rogan
interview,
but
if
there’s
anyone
who
knows
how
to
make
charming
small
talk
with
people
who
aren’t
nearly
as
smart
as
they
think
they
are
for
long
periods
of
time,
it’s
the
wife
of
an
LA
entertainment
lawyer.


This
is
someone
who
has
been
forced
to
nod
and
smile
and
act
interested
while
some
A-lister
on
MDMA
cornered
her
at
a
party
to
drone
on
about
climate
change
and
regenerative
agriculture
and
their
last
ayahuasca
retreat.
Compared
to
that,
Joe
is
a
walk
in
the
park.





Zack
Stentz
,
screenwriter
for
films
and
TV
shows
including
Thor,
X-Men:
First
Class,
The
Flash,
Rim
of
the
World,
and
Jurassic
World:
Camp
Cretaceous,

commenting
on
X

on
how
Democratic
presidential
candidate
Vice
President

Kamala
Harris

would
do
in
an
interview
with
outspoken
podcaster

Joe
Rogan
.
Stentz
continued,
saying,
“I
actually
kind
of
like
Rogan,
but
if
you
think
I’m
going
to
pass
up
an
opportunity
to
make
a
joke
about
the
vapidity
of
Hollywood
party
conversations,
well…”
The
“LA
entertainment
lawyer”
Stentz
mentions
is
Harris’s
husband,
former
Biglaw
partner

Doug
Emhoff
,
who
currently
holds
the
title
of
Second
Gentleman.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
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PA Judge Tosses Effort By GOP Congressmen To Throw Out Military And Overseas Ballots – Above the Law

Don’t
ya
just
hate
it
when this
happens?

Plaintiffs
delayed
too
long
to
file
their
action,
they
lack
standing,
they
have
failed
to
join
indispensable
parties,
and
they
have
failed
to
articulate
a
viable
cause
of
action.
Hence,
we
will
grant
the
Secretary’s
motion
to
dismiss
plaintiffs’
amended
complaint
without
further
leave
to
amend,
and
we
will
deny
as
moot
plaintiffs’
motion
for
temporary
restraining
order
and
preliminary
injunction.
An
appropriate
order
shall
issue.

Thus
endeth
the
preposterous
challenge
to
overseas
and
military
ballots
filed
September
30
by
six
Republican
congressmen
in
Pennsylvania,
flicked
away
like
a
stray
piece
of
lint
adhering
to
US
District
Judge
Christopher
Conner’s
robes.
The
effort
to
block
counting
military
and
overseas
ballots,
filed
after
25,000
of
them
have
been
sent
out
by
the
Pennsylvania
Secretary
of
Commonwealth,
runs
aground,
felled
by
the
doctrine
of
laches,
the Purcell
principle,
and
half
the
Federal
Rules
of
Civil
Procedure.

The
plaintiffs’
argument
was,
as
they
say,
hard
to
characterize.
Their
theory
seems
to
have
been
that
Pennsylvania’s
Republican
Secretary
of
the
Commonwealth
Al
Schmidt
and
his
Deputy
Secretary
for
Elections
Johnathan
Marks
broke
the
law
when
they
“issued
directives
and
guidance
to
county
officials
to
exempt
[overseas
and
military
voting]
applicants
entirely
from
any
verification
requirements.”

Which
would
make
complete
sense,
except
that:

  1. The
    challenged
    directive
    was
    issued
    upwards
    of
    two
    years
    ago;
  2. Generalized
    whining
    that
    the
    law
    hasn’t
    been
    followed
    does
    not
    constitute
    standing
    to
    challenge
    state
    action;
  3. Ditto
    for
    claims
    of
    “vote
    dilution”;
  4. Defendants
    Schmidt
    and
    Marks
    lack
    the
    authority
    to
    order
    the
    67
    county
    election
    boards
    to
    take
    the
    action
    requested,
    a
    fact
    the
    defendants
    were
    made
    aware
    of
    before
    they
    amended
    their
    complaint
    and
    failed
    to
    add
    the
    responsible
    parties
    as
    defendants;
  5. The

    amended
    complaint

    seeks
    a
    declaratory
    order
    based
    on
    the
    Supremacy
    Clause,
    which
    contains
    no
    private
    right
    of
    action;
    and
  6. The
    Uniformed
    and
    Overseas
    Citizens
    Absentee
    Voting
    Act
    [UOCAVA]
    expressly
    instructs
    states
    to
    accept
    registration
    applications
    from
    overseas
    voters
    with
    a
    simple
    attestation
    of
    citizenship
    and
    no
    other
    documentation.

But
other
than
than, bang
up
job,
boys!

If
anything,
the
dismissal
order
understates
how
nuts
this
complaint
was.
Reps.
Reschenthaler,
Kelly,
Meuser,
Perry,
Thompson,
and
Smucker
tried
to
read
a
federal
law
that
explicitly
says
that
the
Federal
Post
Card
Application
“shall”
serve
as
“simultaneous
voter
registration
application
and
absentee
ballot
application”
as
permitting
the
state
to
impose
additional
requirements
upon
registrants

and
their
argument
somehow
rested
on
federal
preemption???

On
the
other
hand,
the
plaintiffs
can
now
point
to
the
ruling
as
further
evidence
of
a
Deep
State
plot
to
enable
large
scale
voting
by
non-citizens,
aided
by
a
feckless
judiciary,
and
which
will
be
directly
responsible
for
any
and
all
Republican
losses
next
week.
And
if
that
was
the
goal,
it’s
a
winner!


Reschenthaler
v.
Schmidt

[Docket
via
Court
Listener]





Liz
Dye
 lives
in
Baltimore
where
she
produces
the
Law
and
Chaos substack and podcast.

Former Moody’s General Counsel Gets Prison Time For Tax Evasion – Above the Law

Making
a
lot
of
money
comes
with
some
real
obligations.
No

not
the
ones
Peter
Singer
lays
out
in

Famine,
Affluence,
and
Morality


the
ones
that
really
matter,
like
making
sure
the
government
gets
a
cut
of
your
cash!
Paying
taxes
and
voting
may
both
be
civic
duties,
but
deciding
to
opt
out
of
taxes
for
a
couple
of
years
will
get
you
locked
up
before
not
voting
will.
One
very
successful
lawyer
had
to
learn
that
the
hard
way.

Reuters

has
coverage:

A
former
longtime
general
counsel
to
Moody’s was
sentenced
by
a
New
Jersey
federal
judge
on
Thursday
to
8
months
in
prison
for
willfully
failing
to
file
personal
federal
income
tax
returns.

Federal
prosecutors
said
John
Goggins
earned
$54
million
between
2018
and
2021
and
failed
to
file
federal
income
taxes
during
those
years.
Goggins
stepped
down
as
Moody’s
senior
vice
president
and
general
counsel
last
fall.

Remember,
readers
at
home,

if
the
IRS
can
get
Capone,
they
can
get
you
!
The
$3.1M
in
restitution
was
a
mitigating
factor
in
Goggins’s
sentencing,
but
he’d
have
likely
been
better
off
if
he
just
paid
what
he
owed
before
it
got
to
this
point.
Don’t
let
his
punishment
be
yours
too;
pay
your
damned
taxes!


Moody’s
Former
Top
Lawyer
Gets
8-Month
Sentence
In
Personal
Tax
Case

[Reuters]



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.