Commercial News Summary - February 2018

Coralin96

Valued Member
Early Bird
Feb 28, 2018
122
175
So the big headlines at the moment (28/02/2018):

  • Toys R Us and Maplin went into administration
  • Jay Powell, the new federal reserve chairman, was optimistic about the US economy in his testimony, which some think could lead to more interest rate increases.
  • Despite Brexit, Toyota has joined Honda and Nissan by committing to build a new version of its car in the UK. This also follows the government's commitment to support the automobile sector after Brexit, where it has said it will invest up to £21.3m for Toyota's plant.

I still haven't decided whether it's more helpful to do a daily or a weekly round-up but we'll see how it goes. Feel free to discuss any of the topics, it would be good to see different perspectives! I'll try to pick out three interesting headlines, but you can also add anything I've missed out :)
 
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Nicole

Legendary Member
TCLA Moderator
Feb 28, 2018
233
224
Hey! Following on from this thread, I thought we could separate it by month.

I still haven't decided whether it's more helpful to do a daily or a weekly round-up but we'll see how it goes. Feel free to discuss any of the topics, it would be good to see different perspectives! I'll try to pick out three interesting headlines, but you can also add anything I've missed out :)

So the big headlines at the moment (28/02/2018):

  • Toys R Us and Maplin went into administration
  • Jay Powell, the new federal reserve chairman, was optimistic about the US economy in his testimony, which some think could lead to more interest rate increases.
  • Despite Brexit, Toyota has joined Honda and Nissan by committing to build a new version of its car in the UK. This also follows the government's commitment to support the automobile sector after Brexit, where it has said it will invest up to £21.3m for Toyota's plant.

Great job Coralin! Why don't we feature this thread :)
 

Nicole

Legendary Member
TCLA Moderator
Feb 28, 2018
233
224
Sorry Coralin, I hope this isn't too irrelevant, but I thought I'd copy Jaysen's post on TSR about AI and the Law (notes on a live webinar hosted by the European Legal Tech Association (ELTA)). I think it'll be useful for students as it's quite a common question in interviews/AC's atm.

Jaysen also warned that his notes are quite a draft form so ignore any typos! And that we're hopefully getting one of the speakers to answer questions on topic in the Spring.

“Artificial Intelligence: what can it offer to, and what does it need from, the legal profession”

Host:
María Jesús González-Espejo, managing partner of EmprendeLaw and founding member of the Instituto de Innovación Legal
Speakers: Richard Tromans, founder of Artificial Lawyer (I love this site), and Dr Francisco Martin Co-Founder and CEO of BigML

Introduction

  • Machine-learning is underrated: that’s what we should look to in the short to medium term (machine learning is a form of AI where a program is designed to learn on its own).
  • Machine learning can be used to solve complex problems i.e. NDA Lynn: https://ndalynn.com/ automatically determines whether you should sign NDAs, which sentences are deal-breakers or not acceptable.
  • Many tasks performed by lawyers can be automated and it’ll be used to achieve human-level performance at maximum speed, for a fraction of the cost.
The current state of the legal market
  • Lawyers in most law firms complete their work manually with the assistance of information technology for document management, communication, billing and virtual data rooms etc.
  • There are some new developments in assisted technology. For example, contract express, but this is more to do with automation.
  • The growth of machine learning and natural language processing (allowing a machine to understand natural languages) will have a dramatic impact on lawyers and in-house. The entire business relationship will change.
  • For example, due diligence in M&A: the use of natural language processing will allow lawyers to look for a change of control clause, or perform risk analysis on contracts.
  • Expert systems like Dealogic – which I’ve used at my law firm – uses inputs from lawyers to form a machine. That alters the way in which lawyers work because the data is available immediately, at all hours.
  • Some companies are entering the litigation prediction space.
  • Automating increases efficiency and productivity, its great for big law firms, and if small law firms can afford it, it will likely level the playing field.
  • It’ll allow lawyers to focus on high-level work.
  • It’ll affect the cost basis – typically a client will pay a fixed fee for a due diligence exercise, if you have an automated system such as Slaughter & May’s Luminance which reduces cost - you can increase profit margins.
  • AI can also give new value, for example, traditional tasks which weren’t worth doing because the risks didn’t justify the costs could be made possible: this can create a new and improved client relations.
  • One of the speakers was speaking to Google yesterday. He told a story of how AI beat lawyers in their document review analysis/predictions (which I’ll hopefully ask the speaker to discuss in full in the next newsletter!). Hint: lawyers like to overestimate their abilities!
  • Lawyers not using AI may be placed in a riskier position.
  • Law firms need to consider how they’re using data, some should start collecting it and consider how it can be automated.Every time you review a contract – all that knowledge can be easily used in machine learning to automate tasks, review boilerplate clauses or parts which aren’t subject to significant confidentiality.
  • Lawyers may need a mindset shift: to start looking at contracts as data rather than about its textual meaning.
Practical examples
  • A 2017 survey of the UK 100 law firms found the top 30 are using an AI/machine learning system – either for fully paid client work or in a pilot. The entire 100 are interested in doing the same.
  • Davis Polk in the US is now using Kira to do due diligence. Clients – investment banks – are saying we want a better solution than to pay your associates for this work. When a firm like Davis Polk, one of the best law firms in the world does this, that sends signals to the market.
  • This is happening all over the world, Europe has some fantastic AI companies developing including French-based Predicted (litigation analysis), German-based Leverton (real estate AI). This extends to Singapore, China and Australia.
  • It’s growing really fast. Two years ago, about 5 law firms in the world were using machine learning for due diligence, risk review and compliance, now it’s a huge number (and many aren’t speaking about it!).
  • There’s a tremendous market for automation and a big commercial case, including with small law firms. Soon that cost will go down, and they can specialise in a certain area if that firm, for example, doesn’t offer M&A.
  • Smaller firms are also thinking creatively about they can use technology to add value, for example, one firm hard-coded an interactive legal bot. There’s also more simpler areas that they can automate such as standard contracts. The higher you go up – that’s where machine learning applies – if you want a like-human capability.
  • Legal innovators – usually 2 or 3 partners at firms will lead this change (as well as external parties pitching). Some firms, such as A&O have already adopted innovation departments.
  • One law firm in the UK said 60% of its request for work contained a paragraph asking about AI systems and how it’ll benefit the client.
Risks of AI
  • Not using the right data or using biased data. There was a case in the US where a company designed an Algorithm which was used to determine whether a person should be given parole. It was found to be completely biased against minorities as the designer had misunderstood data. The problem is the court in America started using it – so caution is needed about who are designing these systems and what data is used.
  • That subjectivity can be dangerous if applied to litigation suits etc. To overcome these problems, algorithms need to be trained to make fair decisions and a human should still check the final end-product.
Where will AI lead us?
  • Fully automated law firms will pop up and they will be unbeatable in performance/speed/cost: the Amazon of the legal services.
  • Fully automated back-ends for new companies i.e. corporate matters/financing/NDAs/agreements/terms and conditions.
  • All major law firms will adopt AI review systems, litigation systems, for at least 10% of work in the coming years.
  • Technology will continue to develop and become more sophisticated.
  • It’ll vary based on practice i.e. IP v corporate may use it differently.
  • The biggest mover has been M&A and the biggest transactional law firms have now created a new standard: within 18 months every major law firm will be using it – from Davis Polk to Freshfields to Jones Day.
  • Litigation prediction tools are also being developed by established legal services like Lexis Nexis.
  • Clients will get great value. For example, an insurance law firm can use AI to predict the likelihood of litigation suits, that will help insurance firms to predict their costs and they will significantly benefit. Alternatively, lawyers can offer to review sales contracts/service agreements for clients using natural language processing, and determine what type of customer agreements are most profitable/what will get challenged letter and what the probability of that is.
I asked a question about what students going into the legal profession should consider – in relation to AI. They said:
  • Trainees and junior associates might want to consider getting involved in hackathons or groups in cities.
  • Many legal AI companies, such as Neota Logic, are currently working with universities around the world.
  • Paralegals are likely to get hit first, junior associates may be just enough to get by provided they have enough expertise. There will be a market for legal entrepreneurs.
  • Law students at Columbia Law School have already been working on machine learning training
  • Some equity partners may think broadly about how many areas to automate, it may get to the point where – through expert systems and Natural Language Generation – all documents will be automated, and only partners will look at the final documentation: this could be in the next ten years!
 
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Coralin96

Valued Member
Early Bird
Feb 28, 2018
122
175
Sorry Coralin, I hope this isn't too irrelevant, but I thought I'd copy Jaysen's post on TSR about AI and the Law (notes on a live webinar hosted by the European Legal Tech Association (ELTA)). I think it'll be useful for students as it's quite a common question in interviews/AC's atm.

Jaysen also warned that his notes are quite a draft form so ignore any typos! And that we're hopefully getting one of the speakers to answer questions on topic in the Spring.

Ahh no not at all, I forgot about this post! I had this exact question in one of my interviews and they were really impressed by my knowledge!
 

Jaysen

Founder, TCLA
Staff member
TCLA Moderator
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Premium Member
M&A Bootcamp
  • Feb 17, 2018
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    So the big headlines at the moment (28/02/2018):

    • Toys R Us and Maplin went into administration
    • Jay Powell, the new federal reserve chairman, was optimistic about the US economy in his testimony, which some think could lead to more interest rate increases.
    • Despite Brexit, Toyota has joined Honda and Nissan by committing to build a new version of its car in the UK. This also follows the government's commitment to support the automobile sector after Brexit, where it has said it will invest up to £21.3m for Toyota's plant.

    I still haven't decided whether it's more helpful to do a daily or a weekly round-up but we'll see how it goes. Feel free to discuss any of the topics, it would be good to see different perspectives! I'll try to pick out three interesting headlines, but you can also add anything I've missed out :)

    It's a great idea!

    When it comes to Toys R Us, I'm not saying I predicted it - but check out the cartoon in our private equity guide ;).

    If anyone has any questions about some of the topics above i.e. administration/interest rates/Brexit, feel free to fire away.
     

    aaron22

    Active Member
    Feb 28, 2018
    15
    8
    It's a great idea!

    When it comes to Toys R Us, I'm not saying I predicted it - but check out the cartoon in our private equity guide ;).

    If anyone has any questions about some of the topics above i.e. administration/interest rates/Brexit, feel free to fire away.

    Hahaha how did you know!

    Actually I've been asked about the impact of interest rates a few times during interviews, would you mind explaining what the consequences are? And how does it impact law firms?

    I understand that interest rates has something to do with exchange rates and inflation but I'm confused to be honest.
     

    Jaysen

    Founder, TCLA
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    TCLA Moderator
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    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
    4,719
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    Hahaha how did you know!

    Actually I've been asked about the impact of interest rates a few times during interviews, would you mind explaining what the consequences are? And how does it impact law firms?

    I understand that interest rates has something to do with exchange rates and inflation but I'm confused to be honest.

    Sure, good question - I will get back to you shortly.
     

    Jaysen

    Founder, TCLA
    Staff member
    TCLA Moderator
    Gold Member
    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
    4,719
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    Hahaha how did you know!

    Actually I've been asked about the impact of interest rates a few times during interviews, would you mind explaining what the consequences are? And how does it impact law firms?

    I understand that interest rates has something to do with exchange rates and inflation but I'm confused to be honest.

    Ok so this question seems to be a favourite at assessment centres this year. I’ll try to give a quick run through of the main issues. There’s plenty of things I’ve missed out so I may cover this in a future guide.

    Who is raising interest rates?

    That’s the central bank. Almost every country in the world has one. We’ll focus on two – the Bank of England in the UK and the Federal Reserve in the US. Right now, when you see the press talking about the ‘Fed’, that’s just short for the Federal Reserve.

    When the central bank raises interest rates, it becomes more expensive for banks to borrow money. As a result, banks will often raise interest rates making it more expensive to borrow for everyone else.

    The central bank has a few functions, I’ll focus on inflation. Inflation is the rise in prices of goods and services over time. If inflation increases, it erodes the value of money. That means it costs more to buy the same amount of goods and services.

    So rising inflation is bad and central banks are there to stop that. They can raise interest rates to slow down economic activity and stop inflation rising too fast.

    Why are they raising interest rates this time?

    First, it’s important to remember that interest rates have been really low for a long time. That was in order to stimulate growth after the financial crash.

    At the moment, the US economy is doing well. It’s seen wage growth and low unemployment rates. When the economy is growing and wages are growing, that’s usually a sign of inflation. There’s also a new chair of the Federal Reserve, it used to be Janet Yellen and now it’s Jerome Powell. Markets have been a bit crazy for a while because they don’t like uncertainty. With a new chair, investors are looking to see how he feels about the economy.

    Consequences and Impact on law firms

    Borrowers in emerging markets will be hurt because they have plenty of bonds denominated in US dollars. You may see that referred to as dollar-denominated debt. If interest rates rise, investors are also likely to flock to the US. That’s because bonds issued by the government will pay more interest (which is good if you’re an investor. If I wanted to link that to a law firm, I could talk about the global reach of a law firm. I’d think about how its restructuring or insolvency practice will thrive in emerging markets.

    Companies with lots of debt could go bust or need to restructure. If there’s a slowdown in economic activity and companies aren’t borrowing, I could say we might see less work for finance and M&A teams in the US. It might also cause our central bank governor, Mark Carney, to think about raising interest rates.

    Having said that, I’d note that the UK picture is different. Whilst our target is 2% (and inflation is currently higher than that), we’ve also got Brexit to deal with. It doesn’t make much sense to raise interest rates when the markets are already troubled.
     
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    Jaysen

    Founder, TCLA
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    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
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    ^ Quality. I don't really understand the link between Toys R Us and private equity? I understand they were bought but why was that a bad thing?

    You're right - many private equity firms buy companies and end up fine (or even better). In this case, Toys R Us were already struggling even before they were bought. The problem is that the private equity firms loaded debt onto the business in the hope of turning it around. Unfortunately, Toys R Us continued to make losses until it couldn't service the debt anymore.
     

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