By Eleni Poulos

 

Technology innovations, generally, can have a large impact on the law field because it requires continuous and, at times, significant changes in how attorneys conduct their practice.[1] These changes can be difficult for attorneys to implement and keep up with, especially if attorneys are wary of embracing the innovations to their field.[2] After all, these innovations often require a significant investment of an attorney’s time and money.[3]But even more specifically, how do these changes effect in-house counsel? Working in-house as general counsel for any company or organization already requires any attorney to know the basics of most legal specialties, like employment law, contract law, and regulatory compliance, to name a few.[4]

 

Each day brings new challenges and different responsibilities—especially when tech innovation is constantly occurring and implementation into every day work is multi-faceted.[5] Adding another layer to the intricacies of tech innovation is what happens when the business is tech focused, and the law hasn’t quite caught up.[6]

 

Enthralled by the fast past innovation in technology are general counsels of companies within the tech field.[7]One reason for this is because “technology is moving so quickly that it’s outpacing social dialogue and outpacing regulation.”[8] In other words, state and federal regulations have not laid out much of any kind of guidelines on how a tech company should conduct their business or what technology use is, or is not, permitted.[9] A notable example of new and evolving technological advancements is genetic-testing, like the services provided at 23andMe.[10] In a recent panel with several large tech companies, the company’s chief legal and regulatory officer of 23andME, Kathy Hibbs, discussed the difficulties of handling a field with little regulation—including customer privacy and computer facial recognition and bias.[11] In addition, she mentioned how crucial it was that the company take  the privacy of its customers seriously—as it was “probably the most important issue to customers.”[12] This effect of constant innovation is felt around the world and in different sectors, too.[13] For example, in the manufacturing field these innovations “are not only an opportunity—they’re a considerable risk.”[14]

 

Countries around the world consider cybersecurity as the biggest risk to general counsels because as more things become tech-based the ability to steal others research and products.[15] General counsels face several other issues brought on by technology innovation, such as digitalizing the supply chain, which produced more cyber security risk, data and information protection, and general compliance.[16] According to a survey conducted by Forbes, the general counsel’s believe these difficulties come from “keep[ing] tabs on the safeguarding and whereabouts of data.”[17]

 

Overall, as the world continues to make technological advancement after technological advancement, general counsels in all fields, and particularly in the tech field, will have to continue to make evolve with the changing technology.[18] This evolution requires attorneys to change the way they work, and to adapt and think ahead to what legislation and regulations will look like as more technology is created.[19]

 

[1] The Unexpected Challenges to Adopting New Technology in Your Law Firm, LexisNexis (Apr. 16, 2020) https://www.lexisnexis.com/community/lexis-legal-advantage/b/insights/posts/the-unexpected-challenges-to-adopting-new-technology-in-your-law-firm.

[2] Id.

[3] Id.

[4] Innovation Raises Novel Legal Issues for Tech General Counsels, A.B.A. (Aug. 19, 2019)https://www.americanbar.org/news/abanews/aba-news-archives/2019/08/innovation-raises-novel-legal-issues-for-tech-general-counsels/.

[5] Lexis

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Hugo Moreno, General Counsel and Technology Risks, Forbes (Oct. 30, 2017) https://www.forbes.com/sites/forbesinsights/2017/10/30/general-counsel-and-technology-risks/?sh=19b24818f95c.

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] See supra note 1.

[19] Id.

Image Source: “Secure Data – Cyber Security -“ by perspec_photo88 is licensed under CC BY-SA 2.0, https://search.creativecommons.org/photos/5e907343-7c47-49ce-acd7-f93bf877316d.