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NEW YORK STATE BAR ASSOCIATION NOVEMBER 2020 Journal VOL. 92 | NO. 8 CONNECT WITH NYSBA VISIT NYSBA.ORG/BLOG Technology’s Role Who (or What) Is Liable for AI Risks? LAW PRACTICE in Helping the Congress and Big Tech (Trump, Elections, MANAGEMENT: Court System Courts and Hearings) MARKETING AUTOMATION Why the Courts Are Moving to Survive a Pandemic TOOLS LEVEL THE Microsoft Teams Christian Nolan PLAYING FIELD New York State Bar Association New York NYSBA Membership 2021 Renewal Is Now Open NYSBA membership grants you access to exclusive benefits and to be part of monumental change. Whether it’s adapting to the new virtual environment, participating in health law discussions, or speaking out on racial injustice, we are always looking to increase involvement via leadership and task force opportunities. 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Fox, Chair Kelly McNamee, Esq, Vice Chair Samuel F. Abernethy, Esq. Prof. Hannah R. Arterian Marvin N. Bagwell, Esq. Jacob Baldinger, Esq. Brian J. Barney, Esq. Mark Arthur Berman, Esq. Earamichia Brown, Esq. Katherine Dandy, Esq. Hon. Janet DiFiore Michael W. Galligan, Esq. Sarah E. Gold, Esq. Ignatius A. Grande, Esq. Mohammad Hyder Hussain, Esq. Prof. Michael J. Hutter, Jr. Hon. Barry Kamins Elena DeFio Kean, Esq. Paul R. Kietzman, Esq. Daniel Joseph Kornstein, Esq. Ronald J. Levine, Esq. Peter H. Levy, Esq. Julia J. Martin, Esq. Gary R. Mund, Esq. Marian C. Rice, Esq. David H. Tennant, Esq. Vist the PUBLISHER Pamela McDevitt Coronavirus (COVID-19) Executive Director NYSBA CHIEF COMMUNICATIONS STRATEGIST Information Center Susan DeSantis PRODUCTION EDITORS Pamela Chrysler Alyssa Colton Get the latest SENIOR WRITER Christian Nolan CONTRIBUTORS Courts Brendan Kennedy Brandon Vogel Latest News and Information DESIGN Lori Herzing CLE Programs Erin Corcoran Christine Ekstrom Informational Webinars (Non CLE) COPY EDITORS Alex Dickson Reyna Eisenstark NYSBA Updates and Cancellations Howard Healy EDITORIAL OFFICES Wellness One Elk Street, Albany, NY 12207 518.463.3200 • FAX 518.463.8844 www.nysba.org NYSBA ADVERTISING NYSBA.ORG/COVID-19-INFORMATION-UPDATES MCI USA Holly Klarman, Account Executive [email protected] 410.584.1960 SUBMISSIONS Send articles to [email protected] Review submission guidelines at nysba.org/journalsubmission JournaNEW YORK STATE BAR ASSOCIATION l Contents NOVEMBER 2020 VOL. 92 | NO. 8 8 Technology’s Role in Helping the Court System Survive a Pandemic by Christian Nolan In this issue: Departments: 13 More Reliable, Improved Screen Sharing, Enhanced 5 President’s Message Video Quality: Why the Courts Are Moving to 16 Microsoft Teams Hilary on the Hill by Brandon Vogel Congress and Big Tech (Trump, Elections, Courts and Hearings) 18 Who (or What) Is Liable for AI Risks? by Hilary Jochmans by Vivian D. Wesson 58 Law Practice Management: 24 Using Remote Technology in Legal Practice: Marketing Automation Tools Level Attorney-Client and Attorney-Staff Relationships the Playing Field by Kelsey R. Ruszkowski and Samuel J. Blanton by Carol Schiro Greenwald 61 30 Impertinent Questions: The Unusual Case of Gorsuch Attorney Professionalism Forum v. Alito and the Supreme Court’s Textualist Approach by Vincent J. Syracuse, Maryann C. to Judging Stallone, Carl F. Regelmann and by Richard B. Ancowitz Alyssa C. Goldrich 65 State Bar News in the Journal 35 Bail Reform: New York’s Legislative Labyrinth by Hon. David J. Kirschner 59 Classifieds 39 Lawyers Tell Us: Their Must-Have Tech Tools 74 Marketplace by Brandon Vogel 75 2020–2021 Officers 42 What Makes a Virtual Lawyer Happy? 76 The Legal Writer by Debbie Epstein Henry by Gerald Lebovits 45 Title America’s Tech Giants: It’s Back to the Drawing The Journal welcomes articles from members of the legal profession on Board on European Data subjects of interest to New York State lawyers. Views expressed in articles or letters published are the authors’ only and are not to be attributed by Davide Szép to the Journal, its editors or the New York State Bar Association unless expressly so stated. Authors are responsible