Welcome to the March 2022 Edition of Lawyer Monthly! As we reach the end of the winter, we find that “business as usual” has been shattered by the Russian Federation’s invasion of Ukraine. While it is still much too early to gauge the full impact of this event, we expect to cover its ramifications for the legal sector in greater depth in months to come. Our thoughts are with the people of Ukraine as we hope for a swift and peaceful resolution to the conflict. This month, Lawyer Monthly features insights from multiple areas of the profession. On immigration law, Emel Yilmaz outlines the sweeping changes that are coming to sponsor licenses in the UK on page 40, and L Durbin shares her learned advice on effectively working with immigrant clients on page 50. On corporate law, Yoshie Midorikawa offers a synopsis of the evolving landscape of fraud litigation in Japan on page 60, while on page 54 PwC UK’s Fran Marwood takes a look at fraud on an international scale and how businesses navigate the risks of sanctions exposure. In addition to several thought-provoking features on the practices of expert witnesses, the March edition also includes an overview of the world’s highest-paying law firms and how they reached their exceptional status, which you can find on page 22. Finally, our front-cover feature for this month comes from Dale Fiola, who explores the concept of privacy as enshrined in US law and the pressing need to remain one step ahead of emerging neural interfacing technology. His thoughts can be read on page 12. We hope that you enjoy this edition. Approx. 302,000 net digital distribution. LAWYER MONTHLY©2022 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Universal Media Limited: PO Box 17858 Tamworth, B77 9QG, United Kingdom Tel: 0044 (0) 1543 255 537 Follow Us: @lawyermonthly @LawyerMonthly @lawyermonthly linkedin.com/company/lawyer-monthly - EDITOR Oliver Sullivan firstname.lastname@example.org PRODUCTION MANAGER Emma Tansey email@example.com - A Note From the Editor Oliver Sullivan Editor - Lawyer Monthly LM EDITOR'S NOTE 3 MAR 2022 | WWW.LAWYER-MONTHLY.COM
INSIDE THIS ISSUE Contents 4 WWW.LAWYER-MONTHLY.COM | MAR 2022 12 Is theFuture for Privacy Doomed? LawOffices of DaleMFiola WORLD REPORT 6. Monthly Round-Up 8. Lawyer Moves - Recent Appointments FRONT COVER FEATURE 12. Is the Future for Privacy Doomed? Dale M Fiola, Law Offices of Dale M Fiola MY LEGAL LIFE: 18. From Insurance Commissioner to Blockchain Adviser: A Career of Many Challenges JP Schmidt, Abaris Global SPECIAL FEATURES: 22. What are the Highest Paying Law Firms? By Rachel Makinson, Lawyer Monthly 26. The Digitisation of the Legal Process 30. How ‘No-Code’ Can Digitally Transform the Legal Sector 34. The Importance of Employees When Buying a Law Firm 36. Putting Philanthropy at the Centre of Client Engagement EXPERT INSIGHT 40. Dramatic Changes to Sponsor Licences Emel Yilmaz, Global Immigration Law 44. Mediation Amid a Power Imbalance Ann D Carey, Delphi Dispute Resolution Services 48. Delivering Compassionate Class Actions Jacob Whitehead, SW Employment Law 50. Making Immigration Law Work for Clients Emily L Durbin, ERM Immigration Law 54. Managing Fraud and Integrity Risks on a Global Scale Fran Marwood, PwC UK 58. Canadian Immigration: A 360-Degree Overview of the Past and Future 12 Months Michael Niren, VisaPlace Legal 60. Navigating the Fraud Landscape of Japan Yoshie Midorikawa, Miura & Partners THOUGHT LEADER 64. An Overview of Dispute Resolution in Austria Michael Ibesich, IBESICH EXPERT WITNESS 68. Wood Experts and Expert Witness Advice Jim Coulson, TFT Woodexperts Limited 70. Anesthesiology and Developing as an Expert Witness John C Lundell, MD TRANSACTIONS 70. What’s Happening in the World of M&As and IPOs?
INSIDE THIS ISSUE 5 MAR 2022 | WWW.LAWYER-MONTHLY.COM Emel Yilmaz Dramatic Changes to Sponsor Licences 40 Canadian Immigration: A 360-Degree Overview of the Past and Future 12Months 58 18 JP Schmidt From Insurance Commissioner to Blockchain Adviser: A Career of Many Challenges What are the Highest Paying LawFirms? ByRachel Makinson 22
MONTHLY ROUND-UP Russian forces have launched a full-scale invasion of Ukraine under the orders of President Vladimir Putin, who on Thursday 24 February announced a “special military operation” at approximately 5:00 AM Ukrainian time. Shortly after Putin’s brief televised address, explosions were heard near major Ukrainian cities, including Kyiv. Elon Musk's electric vehicle company Tesla has been sued over an alleged suspension failure in a crash that killed both the driver and a passenger in Florida last September. A LAWYER’S PERSPECTIVE: UKMUST ACT TOPREVENTMAJOR REFUGEE CRISIS AMID RUSSIA’S INVASIONOFUKRAINE ELONMUSK’S TESLASUED OVER ALLEGED SUSPENSION FAILURE IN FATAL CRASH Commenting on the role of the UK government in averting a European humanitarian crisis, Matt Ingham, partner in the Citizenship and Immigration team at law firm Payne Hicks Beach, said: “The world is about to witness a major refugee crisis in Europe as a result of Russia’s invasion of Ukraine. The government in Kyiv has said that between three and five million people could be forced to leave the country, with 1.5 million already internally According to the lawsuit filed by the driver’s family, the 2021 Model 3 Tesla was equipped with “defective and unreasonably dangerous suspension that may cause loss of control during ordinary and foreseeable driving conditions.” The lawsuit claims that four days before the accident, the driver brought the vehicle to a Tesla Store due to problems with “controllability/steering, suspension, battery and electronic system, and an negligently by the lawsuit. In a preliminary report in November, the National Transportation Safety Board displaced by fighting in the east of the country. Ukraine’s Eastern European neighbours will feel the strain as citizens flee. That will lead to the inevitable overspill into the rest of Europe. “The UK government must act quickly to establish a bespoke settlement scheme for those fleeing Ukraine and avoid the kinds of problems and delays we saw from the evacuation of Afghanistan last year. It is currently difficult for Ukrainian citizens to seek asylum in the UK, and the fact there is a war currently underway does not give an automatic right to claim asylum in the UK. “The Nationality and Borders Bill, currently in the House of Lords, would make it even harder for those desperately fleeing Ukraine to come to the UK had it already been passed into law. Our government must now take a different approach and play its part to avert a humanitarian crisis.” LM ability to open the doors.” The Tesla service manager who checked the vehicle is accused of behaving said that the Tesla vehicle travelled at high speeds before crashing into two trees and catching fire. The vehicle’s driver and front-seat passenger both sustained injuries and traumatic life-ending burns, according to a Coral Gables Police Department report. The lawsuit against Tesla seeks damages of over $30,000 each from the company and its service manager. LM 6 WWW.LAWYER-MONTHLY.COM | MAR 2022
MONTHLY ROUND-UP According to the US Labor Department’s latest jobs report, the US legal sector added 1,800 jobs in January, continuing a trend of steady growth since spring 2020. According to royal and legal experts, Prince Andrew is likely to pay costs of at least £10 million after agreeing to settle Virginia Giuffre’s sexual abuse lawsuit against him. PRINCEANDREW SETTLEMENT: BOIES ANDMCCAWLEY SECURE JUSTICE FOR VIRGINIA GIUFFRE The out-of-court settlement means Prince Andrew makes no admission of guilt over claims by Giuffre that he sexually assaulted her on three occasions when she was 17 years old. These are allegations that the prince has repeatedly denied. In a letter to the judge, lawyers for Prince Andrew and Giuffre said a “settlement in principle” had been reached. The statement read: “The parties will file a stipulated dismissal upon Ms Giuffre’s receipt of the settlement.” While this sum is yet to be officially disclosed, legal experts told The Guardian that the cost of Prince Andrew was likely to come in at no less than £10 million even before paying his own legal fees. The prince is also set to make a “substantial donation” to Giuffre’s charity in support of victims’ rights. Ms Giuffre has been represented freeof charge by US lawyers David Boies and Sigrid McCawley, hailed “the most famed and formidable” by the BBC. Boies is renowned for his relentless cross-examinations and has been hailed as “the man who ate Microsoft” by Vanity Fair. Meanwhile, McCawley is known for her relentless interrogation skills which helped take down Jeffrey Epstein and Ghislaine Maxwell’s sex trafficking ring. In a comment, Simkins partner Gideon Benaim said, “It’s clearly a good thing for all concerned that the matter has now settled, particularly for Prince Andrew … Interestingly, we are not yet aware of any requirement for an apology, which would likely have been a stumbling point for the Duke, who maintains his innocence. I expect the Palace will be relieved that this debacle is seemingly over and now they can get on with the Platinum Jubilee without the prospect of a damaging trial looming large.” LM Image by Foto: Bernd Schwabe in Hannover - Own work, CC BY-SA 3.0, (https://commons. wikimedia.org/w/index.php?curid=33193705) US LEGAL SECTOR ADDS 1,800 JOBS IN JANUARY Data from the Bureau of Labor Statistics revealed an initial 1,176,600 legal services sector jobs last month, up 3.5% year over year. This figure had climbed steadily since October, when employment in the sector first exceeded its historical peak of 1,165,300 jobs in February 2020, before the coronavirus pandemic swung into full force. The legal sector’s employment count includes lawyers, paralegals, and other legal professionals. As large law firms come under pressure to keep up with work from corporate clients, many of these professionals are in noticeably high demand. In 2021, client demand for legal services was up 6.5% on average amongst the 130 large and regional law firms that were surveyed by Wells Fargo Private Bank’s Legal Speciality Group. Commenting on the factors that contributed to the surge in legal employment, John Cashman, president of Major, Lindsey & Africa said: “The demand for high-end legal services has never been higher, and the shortage of associates has never been reduced.” “There’s no good reason that’ll slow down when it comes to demand for services.” LM 7 MAR 2022 | WWW.LAWYER-MONTHLY.COM
LAWYER MOVES Hogan Lovells’ Madrid office has hired Fernando Calancha Marzana, the head of PwC’s Spanish regulatory group, to lead the office’s regulatory and energy practices. Marzana joins the UK-headquartered Hogan Lovells as a partner after more than a decade of experience at PwC, during which time he oversaw the firm’s Spanish regulatory and energy and natural resources practices. In his capacity as a state lawyer, Marzana was responsible for litigating a variety of administrative cases. Most recently, he served as head of cabinet for the Spanish state department of energy as well as chief state lawyer for the government’s energy department. Prior to joining PwC, Marzana worked in several other energy-related roles as a state lawyer, including for the Spanish Institute of Foreign Trade and the Institute for the Diversification and Saving of Energy. In his new role at Hogan Lovells, Marzana will lead the firm’s Spanish regulatory practice in Madrid and advise corporates, funds and advisory firms across several highly regulated sectors. With this appointment, Marzana has become the twenty-third partner to join the firm’s Madrid office since it opened for business in 2004. One of those partners, Jon Aurrekoetxea, received a promotion last month as part of the firm’s 27-strong promotions round that included 14 European appointments. Hogan Lovells Hires Head of PwC’s Spanish Regulatory Group Mayer Brown has boosted its London corporate and securities team with the hire of Matthew Griffin, White & Case’s head of funds and investment management. Griffin acts for sponsors, institutional investors and sovereign wealth funds on fund formations and fund investments. His new appointment signifies Mayer Brown’s global push to strengthen its international PE team.. “Having built up our funds practices with new hires in our New York and Chicago offices, we are delighted that Matt will be joining Tim Nosworthy on the fund product group in London,” said Perry Yam, co-leader of the global corporate and securities practice. “Matt has extensive experience in this space and complements the firm’s experience working with sovereign wealth funds in the Middle East and Asia, as well as acting for hedge funds and real estate funds, where we are active globally.” Griffin’s arrival follows the hire of Tarun Patel and Electra Callan from Ropes & Gray last year. Both were made partner on 1 January. Yam stated that these additions illustrate the firm’s ambitious growth plans for its London team. Magic circle firm Slaughter and May has announced the promotion of two of its partners – Simon Nicholls and Richard Smith – as heads of its corporate and M&A practice respectively. Both clients carry a track record of advising high-profile clients. Nicholls and Smith succeed corporate head Andy Ryde and M&A head Roland Turnill. Turnill has been elected to succeed Steve Cooke as senior partner at the firm in May 2024. Nicholls joined the firm in 1996 and was made partner in 2005. Some of Nicholls’ most noteworthy clients include Babcock, Diageo, GlaxoSmithKline, Ultra Electronics, Whitbread, and Wood and Morgan Advanced Materials. Smith joined Slaughter and May in 2001 and became partner in 2010. His most prominent clients include, Aviva, Close Brothers, Equinix, Landsec, Reckitt, The Walt Disney Company and United Utilities. Both partners will commence their new roles on 1 May 2022. Mayer Brown Hires White & Case’s Head of Funds Slaughter and May Appoint NewHeads of Corporate and M&A 10 WWW.LAWYER-MONTHLY.COM | MAR 2022
LAWYER MOVES Wilson Sonsini Goodrich & Rosati has announced the addition of Richard Goold as a corporate partner in its London office. Recognised as one of the leading innovators shaping the future of finance in Europe, Goold joins from Ernst & Young, where he served as the firm’s global Head of Tech Law. Goold is a transatlantic and global transactions specialist and a goto legal advisor for innovative start-ups and scale-ups throughout all stages of the business lifecycle, including international mergers and acquisitions, fundraising transactions, buyouts, growth, and venture capital financing rounds. In addition, he counsels UK- and European-based companies in key technology industries, including the fintech, adtech, digital media, and enterprise software sectors. He also regularly represents US companies and investors in crossborder corporate matters and international projects. Wilson Sonsini’s London office, which has grown to 24 lawyers and more than 30 overall staff since opening in 2018, represents highgrowth technology and life sciences companies, including those looking to access the US markets through significant transatlantic deals. During the past year, the firm’s London corporate team has been involved in a series of significant transatlantic transactions for iconic high-growth UK- and European-based companies, including Babylon and Checkout.com. Doug Clark, the firm’s managing partner, commented positively on Goold’s appointment. “Since opening in London, we’ve scaled rapidly and we continue to add talented practitioners like Richard to align with the needs of the many fast-growing companies and sophisticated investors we work with throughout the UK and Europe,” he said. “Our active and expanding corporate team in London remains focused on transatlantic work, so Richard’s industry experience and understanding of what growth-minded start-ups need makes him a great fit. We’re excited to welcome him to our firm.” Goold was a partner at Ernst & Young for nearly six years prior to joining Wilson Sonsini. Whilst there, he led the firm’s global tech law efforts and all UK and Ireland service lines for fast growth. Before EY, Goold worked at Gowling WLG, where he became partner in 2012 after joining as an associate in 2001. EY Transatlantic Deals Veteran Joins Wilson Sonsini Gobal law firm Jones Day announced its recruitment of Scott Edson and Jason Keehfus, who will be joining the firm as partners in its business & tort litigation practice, based in Jones Day’s Atlanta Office. Edson has extensive experience representing clients in complex litigation, including class actions, mass actions and multi-district litigation, in both state and federal court. He has advised clients in all stages of litigation, from initial pleadings through discovery, trial and appeal. He is also a frequent writer and lecturer on various aspects of law and legal practice. Keehfus has a wide range of experience in defending both liability and punitive damages claims in challenging jurisdictions around the country, and has particular expertise in taking and defending depositions of medical and scientific witnesses. He is a first-chair trial lawyer who has tried dozens of multi-week product liability lawsuits to verdict. Keehfus also works with the National Veterans Legal Services Program to obtain increases in disability benefits for US military veterans. “Scott and Jason bring valuable experience in the kinds of high-stakes commercial disputes for which our clients require counsel, especially class actions and product liability matters,” said Lizanne Thomas, Partner-in-Charge of Jones Day’s Southeast US Region. “I’m pleased to welcome them to Jones Day and to work alongside them to serve our clients’ needs throughout the region and around the world.” Edson earned his undergraduate degree from the University of Florida and his law degree from Duke University, whereas Keehfus earned his undergraduate degree from The Ohio State University and his law degree from Syracuse University College of Law. Jones DayAdds TwoNewPartners toAtlanta Business &Tort Litigation Practice 11 MAR 2022 | WWW.LAWYER-MONTHLY.COM
“Privacy is of paramount concern for our individuality”
MAR 2022 | WWW.LAWYER-MONTHLY.COM 13 Is theFuture for Privacy Doomed? Can you tell us a little about theUSPrivacy Act of 1974 andwhat it guarantees? Having practiced law for over 44 years, I have seen firsthand how privacy has undergone some unique changes. The Fourth Amendment and its California counterpart, Article 1, Section 1 of the California Constitution protect privacy in very broad, somewhat undefined ways to assure the sweeping scope of its safeguards: “The Privacy Initiative in Article I, Section 1 of the California Constitution creates a right of action against private as well as government entities” (Hill v. National Collegiate Athletic Association (1994), 7 Cal.4th 1, 20). The Privacy Act of 1974, 5 U.S.C.§ 552a et seq., prohibits federal agencies from disclosing “any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains”, unless the disclosure AI and computer technology have transformed many aspects of modern society in only a handful of decades, and their development is accelerating at an everincreasing rate. With the likes of Elon Musk’s company Neuralink looking to tether the human brain directly to a digital interface, questions have arisen regarding this developing technology’s potential to clash with longestablished notions of personal privacy. This month we hear from lawyer, author and producer Dale M Fiola, who examines the current trajectory of brain-interfacing technology and shares his concerns on where it may yet take us if privacy laws are not developed in tandem. Dale M Fiola Founder, Law Offices of Dale M Fiola 200 North Harbor Boulevard, Suite 217, Anaheim, CA 92805 T: (714) 635-7888 | (714) 635-7887 E: firstname.lastname@example.org www.dalefiola.com
WWW.LAWYER-MONTHLY.COM | MAR 2022 14 Are the rights guaranteed by the federal privacy laws expanded upon in any significant way at the state level? California is moving to the forefront to ensure that privacy protection endures in a place that spawned much of those technological advances. On September 23, 2018, California signed into law the California Consumer Privacy Act of 2018. The enactment permits enforcement by the Attorney General and an individual’s private right of action in connection with certain unauthorised access and exfiltration, theft or disclosure of consumer’s nonencrypted or nonredacted personal information. Found at Section 1798.100 of the California Civil Code (C.C.), a business that collects consumers’ personal information shall “inform consumers as to the categories of personal information to be collected and the purposes” for its collection. The consumer has the right to request that business to delete any personal information about the consumer which it has collected. C.C. § 1798.105. But the business retains certain rights not to delete even at the request of the consumer if it fulfills a business transaction, detects security incidents, debugs and repairs its errors, protects the free speech of another customer, complies with the California Electronic Communication Privacy Act or complies with another legal obligation. What newprivacy issues have come to the forewith themass collection of data and other practices by contemporary tech companies? With the European Union’s passage of the General Data Protection Regulation (GDPR), the United States is getting Pamphlet for the measure in 1972, as noted by the California Supreme Court in its decision in White v. Davis, 13 Cal.3d 757, 774, stated: “The right of privacy is the right to be left alone. It is a fundamental and compelling interest. It protects our homes, our families, our thoughts, our emotions, our expressions, our personalities, our freedom of communion and our freedom to associate with the people we choose.” The right of privacy under California law, in many respects, is broader than its federal constitutional counterpart when it protects individuals from the invasion of their privacy not only by state actors but also by private parties. See Leonel v. Am. Airlines, Inc., 400 F.3d 702, 711 (9th Cir. 2005). The California Constitution has express language protecting privacy against intrusion. That privacy under the roof of California is more proactive and protectionary. In Hill, the California Supreme Court noted four distinct types of acts that can give rise to a claim of invasion of privacy: (1) intrusion into private matters; (2) public disclosure of private facts; (3) publicity placing a person in a false light; and (4) misappropriation of a person’s name or likeness. Inwhat ways have these privacy laws become dated by the emergence of the internet andmodern tech giants? Privacy as a constitutional protection has remained broad to secure those inalienable rights as time, mores, and technology evolve. To address the changing climate, Congress and, indeed, state legislatures have stepped into providing further support to that protection. At the federal level, certain laws have been enacted to specify those protections through the Federal Trade Commission Act (1914), Electronic Communication Privacy Act (1986), Computer Fraud & Abuse Act (1986), Children’s Online Privacy Protection Act (1998), Financial Services Modernization Act (1999), and the Fair and Accurate Credit Transactions Act (2003). falls within one or more enumerated exceptions to the Act. (§ 552a(b)). Those exceptions set forth at (b)(1) to b(12) include in part: officers and employees of the agency which maintains the records (1), another agency within the control of the United States for a civil or criminal law enforcement activity (7), a person showing a compelling circumstance affecting the health or safety of an individual (8), either House of Congress or subcommittee (9), pursuant to court order (11), or to a consumer reporting agency (12). The listed exceptions permit disclosure to governmental agencies in particular situations. In November 1972, California amended its constitution to include among the inalienable rights protected by Article I, Section 1, a right of privacy. The Ballot Privacy as a constitutional protection has remained broad to secure those inalienable rights as time, mores, and technology evolve.
MAR 2022 | WWW.LAWYER-MONTHLY.COM 15 onboard to shore up some of the “dead zones” of protection as to how far the tech companies can go in collecting sensitive, private data of its customers. Before the Senate is the Customer Online Notification for Stopping Edge-Provider Network Transgressions (CONSENT) Bill (S. 2639) The CONSENT Act would require the Federal Trade Commission to establish an opt-in requirement mandating consent in order for edge providers to use sensitive information. Anyone with a business website in the United States would be expected to abide by the CONSENT Act. An edge provider is any business that provides online content, such as an eCommerce store, videos, images, or even just a blog about the business will qualify as such. The CONSENT Act is still pending before the Senate. With this inmind, what is the premise of Elon Musk’s Neuralink venture? Neuralink is a technology being developed by Elon Musk whereby a chip the size of a coin is implanted surgically in the skull connected to approximately 1000 flexible threads that are positioned in certain strategic locations of the brain near neurons. It is anticipated that the threads will convey information to and from the neurons. The threads are difficult to see and are measured in microns; they are much smaller than a strand of one’s hair. For that reason, Neuralink has invented a robot to actually perform the surgery of installing the chip and threads. The primary objective of Neuralink is part of a larger dynamic called brain-computer interfacing (BCI), which allows the human brain to communicate directly with a computer without the use of an IOS device, keyboard or mouse. However, this is not the first foray of humans entering the brain for scientific purposes. Over several decades, electrodes have been utilised for deep brain stimulation either on the surface of the head or at a fixed situs. Elon Musk has hosted several presentations discussing this new developing technology, promoting it as beneficial for those disabled with Pictures professionally shot by Angelica Reyn. Al-Law-Gory book cover designed by Mark Frazier. spinal cord injuries, such as tetraplegics and quadriplegics. He believes that if his technology can be pioneered, it may one day lead to flexible threads bridging the signals from the brain to other parts of the body to regain movement for limbs frozen with paralysis either by injury or defect. He has further inferred that the technology is also beneficial for the non-disabled, freeing them from manual data entry and thereby speeding up the transfer of data through direct contact with the computer. The claimed advantages are mind-boggling, with some suggestion that humans may become telepathic, through thought transference communicating with each other via computer, rendering manual texting as anachronism. Are other companies looking to develop similar technology? The field of neurotechnology involving BCI, brain-machine interfaces, neurostimulation, neuroprosthetics and
WWW.LAWYER-MONTHLY.COM | MAR 2022 16 implantable devices is exploding, with many start-up companies sprouting. At last count, there are 21 neurotech companies working the field: companies such as Kernel, Dreem, Thync, Halo Neuroscience, BrainCo, Inc., Neurable, Paradromics and several others. From treating depression, sleep disorders and speech pathologies to creating brain machine interface wearables and implantables, the whole area is ripe for development. What tensions do you expect this emerging fieldwill havewith privacy laws and norms? The initial reaction with BCI is that it is certainly an improvement over using a keyboard, mouse or eyewear to communicate. Oneof ElonMusk’s concerns, as he has expressed, is that thumbs on a keyboard may be able to reach 20 words a second, but the computer and artificial intelligence (AI) are growing in power and capability at a faster pace. If the human’s bandwidth connection to the computer does not increase, AI will progress onward without us and will become the leader and humans will lose their place at the top of the intelligence pyramid. If the sole aspiration for the BCI is to secure the humans’ race for intelligence as AI grows, as I call it the “brain race,” then that might be a worthy objective. But there are equally countervailing reasons not to engage in this “brain race.” Once the door to the mind is now open for direct communication with the computer, our thoughts, expressions, personalities, emotions and passions are on display for the computer to record and store to an external drive or download to a robot body. In his presentation using pigs, Elon Musk showed the behaviour of the implanted and recently unimplanted pigs and how both acted in a porcine way. The recently unimplanted pig seemed unphased by his recent implantation. In 2021, Neuralink used a macaque to play a ‘Pong’ video game solely with his mind while he sucked on a banana smoothie. To many, this is startling Dale M Fiola has been handling employment and labour actions since the early 1980s. Through decades of sound legal practice, the Law Offices of Dale M Fiola have focused primarily upon representing employees in all types of litigation, and have successfully brought actions on behalf of employees against large corporate employers, local governments and state and federal agencies. Dale is also a member of several professional associations and is currently a member of the California Employment Lawyers Association (CELA).
MAR 2022 | WWW.LAWYER-MONTHLY.COM 17 space age technology that even H.G. Wells could not have conjured up. But thoughts are private, and as the monkey navigates the ‘Pong’ game, his private thoughts are being monitored and recorded by that computer. If cell phones have the capability of picking up sounds or conversations through applications, it would be axiomatic that communicating your thoughts directly with a computer through a BCI would find those thoughts in its hard drives. If one’s thoughts are recorded, those thoughts may result in liability in a civil or criminal context. If intent, malice or negligence can be established by your thoughts, that computer can be transformed into the prosecution’s chief witness in finding you guilty of wrongdoing. As an example: you are riding in a selfdriven car and are upset with another driver’s careless driving methods. Your thoughts go to road rage and you direct your car to side-swipe the other vehicle. Your thoughts recorded in the car’s computer will be fair game for examination in the civil and criminal trial that ensues. Your claims that it was no more than inadvertence or simple negligence will be overwhelmed by evidence of malicious intent. Do you foresee any other significant trends regarding privacy laws in the near future? Just as cell phones have become such an integral part of our lives, the advancing technology of BCI will come to pass at some point in our lives. Cell phones will become obsolete and we will communicate with each other through implants. As science moves closer to decoding the electrical systems of the neurons, laws will have to be updated to protect the privacy of one’s thoughts and emotions. If we are all connected to the internet via our brains, it will be possible to know each other’s thoughts. Our every thought will be on display for social media’s consumption and governmental intrusion. Unless laws are mapped out demarcating what is recordable from that which is not, the right of privacy will cease to exist. With a cerebral implant in place, your private acts Pictures professionally shot by Angelica Reyn. Al-Law-Gory book cover designed by Mark Frazier. – including speech at home, in the office, or anywhere – is open to view by anyone connected to that mainframe computer. Why have you taken this interest inmatters of privacy in theUS? About 2 years ago, I heard that technology was in the works to create an implant for the brain. I am unsure if it was Neuralink that caused me to think it through. But during the COVID stay-at-home mandate of 2020, I decided to write a book on the subject called ‘The Devalued’ (right). The novel takes place about 100 years into the future when cerebral implants are inside a majority of human brains. The book portends that implanted individuals will be smarter, more physically capable, and more connected to computer-generated technology that gives them superhuman talents. There is no need to go to school when all the information they need comes from the computer’s vast information portals. Those that have submitted themselves to implantation view their privacy as consequential to the benefits of being implanted and have become acclimated to a world where privacy is no longer important. In ‘The Devalued’, the computers continue to amass vast amounts of information through self-generated AI and human participation. The predictions of the 21stcentury pundits ring true when AI and the computers have now become the leaders and humans the unwitting subordinates reliant upon AI to survive. Through years of feeding the computers information and making them more anthropomorphic, humans have created a world in which computers run everything. The more mundane tasks are performed by humans, leaving the difficult ones to the computer. Sure, it may have freed up more time for recreational activities, but humans no longer play an important role in worldly things. They have become devalued. There will be those who refuse to become implanted. Those individuals will be treated as outcasts, ostracised from the functioning groups of implanted. It cannot be expected that the computers will protect that right of privacy when their very existence depends upon and pervades every aspect of our lives, from bodily functions, to changes in our health and well-being, and our motives to act and reason. Do you have any further thoughts aswe begin to go down this road? This technology is coming. It cannot be stopped because it is the next stage in our development as humans toward the 22nd century. But, as we go through, it is important that at every stage of the development of BCI we assure and safeguard all our thoughts, emotions, reasons, passions and opinions from interfacing with computers just for the sake of using a computer. Privacy is of paramount concern for our individuality. Laws must develop alongside the advancing technology to focus on keeping computers out of our minds. Without those laws in place, our privacy will be doomed. ‘The Devalued’ - Dale M Fiola The advancing technology of BCI will come to pass at some point in our lives. D A L E M . F I O L A GO T I MP L AN T ? T H I NK TW I C E . “A gripping tale about a dystopia future that we may be already plunging headfirst into ... terrifying in its reality ... you won’t be able to put it down.” — R O G E R M C C A F F R E Y “Giving 1984 a run for its money.” — E V E R E T T M . “Scarily futuristic and probable.” — L O R E T T A I R V I N E D A L E M . F I O L A THIS FUTURISTIC DYSTOPIAN THRILLER offers insights into advancing technology of cerebral implants in which people are connected directly to the internet via cerebral implants. In that certain future, one will no longer need a device to connect to information centers. Once inside the inner sanctum of the mind, implants will present an array of opportunities at the price of a miasma of misfortune and degradation. Charleston, SC www.PalmettoPublishing.com
MAR 2022 | WWW.LAWYER-MONTHLY.COM for the State of Hawaii. In the United States, each state regulates the insurance business, while most other financial services are primarily regulated by the federal government. As a result, I oversaw regulation of domestic, national, and international companies doing business in Hawaii. We brought in a number of companies to provide new options for the people of Hawaii, including Dong Bu, one of the largest Korean insurance companies. Dong Bu entered Hawaii under a model Port of Entry law that I shepherded through the legislature. I also began the review of health insurance premium rates and pushed to wrap up several estates of companies in liquidation that returned 100 cents on the dollar to claimants. In addition, I represented the US insurance regulators in testifying before Congress and joining the US Trade Representative in successful negotiations with the government of Japan to privatise Kanpo, their postal insurance company (at the time the biggest insurer in the world). You have had a storied career both in private practice and in the public sector. Could you give us a brief history of the government roles you have held? I joined the Maui County Office of Corporation Counsel as a Deputy Corporation Counsel advising the Departments of Finance and Budget. After three years, I was appointed Corporation Counsel, overseeing a staff of 11 attorneys plus support staff including a paralegal and investigator. We had significant victories in court over Dow Chemical and Occidental Petroleum and the US Environmental Protection Agency and helped the Mayor and Directors of county departments achieve numerous initiatives to benefit the citizens of Maui. After a few years as a partner in the law firm of Crockett Nakamura & Schmidt, I was appointed Insurance Commissioner MY LEGAL LIFE - JP SCHMIDT From Insurance Commissioner to Blockchain Adviser: A Career of Many Challenges This month we have the pleasure of hearing from JP Schmidt, whose work in the legal sector has been studded with remarkable achievements both in the US and abroad. Below, Mr Schmidt takes us through his career journey and explains the difference his work has made to the insurance landscape of Hawaii and the still-developing Ethereum blockchain. Accomplishing a variety of good results for society while in compliance with the numerous additional laws that apply to government attorneys requires creativity, intensive research and persistence – and seeing the benefits in your community is very rewarding. 19
In what ways did working as a government lawyer differ from your work in the private sector? Of course, as a government attorney, you do not have the joys of hourly billing and attracting new clients. Many attorneys may suspect that the job of government attorney is boring, as I originally did. But accomplishing a variety of good results for society while in compliance with the numerous additional laws that apply to government attorneys requires creativity, intensive research and persistence – and seeing the benefits in your community is very rewarding. How did you draw upon your earlier career experience as Insurance Commissioner for Hawaii? Managing government attorneys is no easy task. I gave a lot of praise for a job well done because the media often seems to enjoy frequent criticism of the government and its lawyers. I also established goals for accountability. I emphasised pride in the work, often saying: “Each paper on your desk is not just dried ink on wood pulp; it is important to the life of a person in our community”. As Maui Corporation Counsel I heard all the excuses used to avoid work and learned how to short-circuit such claims and keep the ball rolling. The Division of Insurance (DOI) had a number of attorneys in legal, supervisory and analyst positions. Lessons learned worked well at the DOI as well. I also would not accept a standard government employee response: “That’s how we’ve always done it”. If there is a more compendious and efficient way, that is how we will do it now. Which aspects of this position did you find most interesting? Working with international regulators and working with Insurance Commissioners from the different states with their different views and approaches to the job. WWW.LAWYER-MONTHLY.COM | MAR 2022 MY LEGAL LIFE - JP SCHMIDT I also actually enjoyed working with the media. What was your strategy for speaking with the media during this time? The media’s standard story is “big bad insurance company beating up on the poor little consumer”. When the media called me, I would spend time explaining all the facets of the issue. They were appreciative because they then got a better story. Government attorneys normally just say: “No comment”. I got frustrated when there was an opposing point of view because the media would talk to me, then they would talk to my opponent (plaintiff’s attorney, union, et al), and I would not get an opportunity to rebut. So, I established a routine where I would tell them my side, then my opponent’s side (fairly, of course) and tell them why I disagreed. That way I got in a pre-rebuttal. 20 How did you work to establish Hawaii as a captive insurance domicile? What other outcomes did your tenure have for the state? Hawaii was one of the first states to enact friendly statutes for captive insurance. We hadgoodexpertise in theDOI.We regularly met with companies and supported the captive managers, reinsurance agents and actuaries in the private sector. We were the second-largest domicile in the US by number of captives and in the top ten in the world. I liked to point out that we were the fifth largest domicile in the world based on capital assets. We held a captives’ conference in Japan once a year to educate companies and insurers on the captive company benefits. As a result, we became the premier domicile for Japanese companies’ captive companies.
MY LEGAL LIFE - JP SCHMIDT 21 MAR 2022 | WWW.LAWYER-MONTHLY.COM How did your career eventually lead you to your current position as Principal of Abaris Global? I wanted to set up my own business after I learned about the profound promise of blockchain technology. Through personal contacts, I was introduced to Ethereum leadership and Vitalik Buterin. Because of my background in government regulation and board meeting procedures, I was asked to help Ethereum Foundation run its board of directorsmeeting andwith the charter for the stiftung. Shortly afterward, the Swiss financial authority, SIFMA, asked for a meeting with Vitalik and I was asked to attend and advise based on my understanding of the common concerns of government regulators. Following this, I provided a variety of legal services to Ethereum and attended the annual Devcon in Shanghai in 2016 and Cancun in 2017. I gave a presentation on insurance regulation application to blockchain developments at the first Decentralized Insurance Conference (D1Conf). The government of Mexico asked me to present at their annual International Seminar on Surety and Insurance. I co-authored a nontechnical explanation of blockchain and a review of regulation in the US and around the world in the Hawaii Bar Journal. Can you tell us anything about your plans for the firm and yourself in 2022? I will continue to consult and give presentations on blockchain regulation as well as various insurance issues. In February I attended ETHDenver, billed as the “largest ETH event in the world”. There were numerous speakers’ panels and workshops on the latest issues, as well as a retreat at Breckenridge resort. JP Schmidt is a former Hawaii state Insurance Commissioner and Maui County Corporation Counsel with two decades of experience in insurance regulation and insurer infrastructure. As Principal of Abaris Global, he advises on international, national, state and local issues relating to regulatory affairs, corporate governance, insurance, including health insurance, captives, and commercial property, casualty and liability, and government and political process. He is also highly knowledgeable in blockchain regulation with experience advising the Ethereum Foundation. JP Schmidt Principal, Abaris Global Abaris Global, E. Amherst Circle, Denver, CO 80231 Tel: +1 808-292-7999 E: email@example.com www.abarisglobal..com Each paper on your desk is not just dried ink on wood pulp; it is important to the life of a person in our community.
Written by Rachel Makinson, Lawyer Monthly What are the Highest Paying Law Firms? The top-paying firms are almost neck-andneck in terms of salaries paid to attorneys, the field remaining extremely competitive. You will recognise the names, but how did these firms achieve their current positions as world leaders? In this feature, Rachel Makinson takes a look at the top five.
WWW.LAWYER-MONTHLY.COM 24 Allen & Overy Founded in 1930, global law firm Allen & Overy “helps the world’s leading businesses to grow, innovate and thrive.” The firm’s founders, George Allen & Thomas Overy, aimed to build a commercial practice, with the firm’s reputation later made as a result of George Allen’s role as adviser to King Edward VII during the abdication crisis. By the beginning of the Second World War, Allen & Overy was well-established as a leading City law firm. Over the decades, Allen & Overy has been involved in several major developments in the legal sector, including the firm’s work as an advisor in the first hostile takeover in London as well as arranging the first Eurobound in the 1960s, leading to the diversification of the firm’s practice from purely commercial to financial. Fast-forward to the present and Allen & Overy advised on 12% more deals than any other law firm globally last year, according to its Global Snapshot for 2021. The firm now has 40+ offices around the world, employs 5,650 people, and saw 26% growth in its number of US partners. 1 2 Cahill Cahill Gordon & Reindel is a New York-based international law firm founded in 1919, initially under the name of McAdoo, Cotton & Franklin. The firm’s early work was primarily in financial and corporate areas, including a large international practice for investment banker clients. By the end of the Great Depression, Cahill had expanded to handle bankruptcies, reorganisations and regulatory matters. However, it was during and after the Second World War that the firm truly began to flourish. In 1942, senior tax partner John Ohl assisted with the drafting of the wartime Excess Profits Tax Act as well as provisions to permit the five-year amortisation of war facilities. In 1943, John T Cahill argued before the Supreme Court on issues regarding chain broadcasting regulations in National Broadcasting Co. v. United States. The case is widely considered to be among the most significant cases ever concerning the authority and influence of the Federal Communication Commission. Today, Cahill maintains offices in London, Washington DC and New York City, employing around 278 attorneys. In 2020, the firm saw gross revenue of $444,400,000 and was placed 91st on The American Lawyer’s 2021 Am Law 200 ranking. Over the past handful of years, the salaries of legal professionals have gone up considerably at top-paying firms. As firms compete for the best talent, differences between salaries are slight – if existent at all. However, according to US News, the median salary of a lawyer in the US sat at $126,930 in 2020, meaning these firms, alongside others such as Cooley, Cravath, Fish & Richardson and Holwell Shuster, are offering their first-year employees almost double the professions average national salary. But how did these top paying law firms become so successful?
WWW.LAWYER-MONTHLY.COM 25 3 4 5 Clifford Chance Clifford Chance is a “magic circle” law firm headquartered in the City of London. Though founded in 1802, the Clifford Chance of today came into existence following the 1987 merger of Clifford-Turner and Coward Chance, forming a “pre-eminent law firm in Europe, taking the legal world by storm.” The firm prides itself on being at the “forefront of developments that have changed fundamentally the management of law firms – from the adoption of IT systems and sophisticated document management processes to investment in ‘best-in-class’ learning and development to creation of efficient and cost-effective offshore legal support, administrative, business research and technology centres.” In 2021, despite the coronavirus pandemic, Clifford Chance announced its sixth consecutive year of profit and revenue growth. For the year ended 30 April, the firm saw its revenue reach an impressive £1.8 billion. Gibson Dunn Headquartered in the Wells Fargo tower in Los Angeles, Gibson Dunn is a global law firm founded by corporate attorney John Bicknell and democratic litigator Walter Trask in 1890. Judge James Gibson joined the firm in 1897, with the practice later merging with that of former Los Angeles City attorney William Dunn and former Assistant City Attorney Albert Crutcher, giving the firm the name it still goes by today. Over the decades, the firm expanded and was hailed “The Rescue Squad” for its response and service to clients in legal need. By the 1970s, Gibson Dunn boasted offices in both London and Paris. Since 2000, the firm has further expanded into Europe as well as South America, the Middle East, and Asia. Gibson Dunn now has 20 offices worldwide, staffed by more than 1,600 lawyers, and was hailed as the 2021 “Law Firm Of The Year” by Law360. In its Annual Report for 2021, Chair & Managing Partner Barbara L. Becker writes, “Our accomplishments this year have been remarkable. Clients continue to trust us with their most sensitive and high-stakes matters, and Gibson Dunn attorneys continue to meet this call to action time and again. The world has changed in many ways over the past two years; the pandemic continues to impact our lives and work. While we navigate this new world together, the strength of the Gibson Dunn community remains a constant [...] The Firm has never been stronger.” Latham &Watkins American multinational law firm Latham & Watkins was founded in 1934, in Los Angeles, California, by Dana Latham and Paul Watkins. Watkins’ practice focused primarily on labour, while centred around state and federal tax law. Eventually, Latham came to serve as Commissioner of the US Internal Revenue Service under President Eisenhower, though their firm grew steadily at first. In 1960, Latham & Watkins employed just 19 attorneys, though, by the 1970s, the firm’s growth rapidly sped up. It opened new offices in New York, Chicago, Orange County, Washington DC, and San Diego. In 1990, Latham & Watkins opened its first international office in London and, since, it has continued to expand internationally. The firm now has 18 international offices with 3,000 lawyers across the globe. Over 60 languages are spoken by the firm’s lawyers. On the 2021 Global 200 survey, Latham & Watkins came in as the secondhighest-grossing law firm in the world. After being named “Global Law Firm Of The Year” at the 2021 PFI Awards, Latham & Watkins said it was “honoured for advising on a series of complex transactions that “demonstrated skill in both crossborder advising and innovative structuring”. Over the past year, the firm worked on more than 80 project financings with an aggregate value of approximately $77 billion, spanning multiple sectors, from the development of battery storage to the development and financing of LNG facilities. Among other notable transactions, Latham won praise for advising the lenders on Vineyard Wind, the first major offshore wind farm to achieve financial close in the US. A group of 25 banks took part in the syndication of the 800MW project off the coast of Massachusetts, which represents one of the largest investments in a single renewable energy project in the US.” Allen & Overy 1st Year - $202,500- $205,000 2nd Year - $215,000 Cahill 1st Year - $202,500- $205,000 2nd Year - $215,000 Clifford Chance 1st Year - $202,500- $205,000 2nd Year - $215,000 Gibson Dunn 1st Year - $202,500- $205,000 2nd Year - $215,000 Latham&Watkins 1st Year - $202,500- $205,000 2nd Year - $215,000 *Based on Chambers-Associate’s 2021 salary survey