Couldn’t make this year’s ClioCon? Don’t know why you would if you could? Jeff is on location in Austin, Texas, and reports in on the latest legal tech trends, like:

• The death of the billable hour? A review of attorney tasks suggests 70% could be done with AI. This could mean more shops switch to flat fees. It could mean they increase their hourly rates. But if you’re not even in the AI game, you may soon find yourself among the dinosaurs.
• Worried that AI will steal from your billing? Wisetime does the opposite—it tracks what you do so that you bill more time, not less. It’s a chatbot on steroids.
• Clio Duo is another “gateway drug” to AI, giving attorneys and staff an AI assistant to fetch details from the Clio matters.

We also discuss the new Doxing Victims Recourse Act, Civil Code section 1708.89, which creates a cause of action for online doxing—publishing a person’s personal identifying information (including a photo) with the intent of causing harm to that person. Another dicey intersection between harassment and Free Speech.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Wisetime for Clio.
• Clio Duo.
• The Battle for Your Brain, the book by Duke Prof. Nita Farahany who spoke at Clio Con about neuro technology.
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

In a (non)definitive survey of writing instruments, big-law attorney turned solo employer counsel Michelle Strowhiro reveals her pick for the best pen for lawyers.

Then we turn to the U.S. District Court of Texas ruling in Ryan LLC v. FTC, blocking an FTC rule that would ban non-competes. This rule would eliminate trade restraints already banned in California. What comes next?

Michelle Strowhiro’s biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• Videos from this episode will be posted at Tim Kowal’s YouTube channel.

The Supreme Court of California isn’t always interested in money disputes, but throw attorney misconduct into the mix and you get the City of LA v. Pricewaterhousecoopers reinstating a sanction for “egregious” city attorney’s office collusion totaling $2.5 million.

Angling for contractual attorneys’ fees in your defense? The recent Am. Bldg. Innovation v. Balfour Beatty Constr. case reminds attorneys to consider whether asserting the contract in an affirmative defense is enough, or if you need to file a cross-complaint.

We also discuss:

• Family law contingency agreements are invalid.
• Was the directed verdict for the NFL appropriate in the $14 billion antitrust case? The judge ruled that the plaintiffs’ expert opinion should have been excluded. But isn’t the remedy pretty clearly a new trial rather than JMOL?

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

Other items discussed in the episode:

• City of Los Angeles v. Pricewaterhousecoopers, LLP, Case No. S277211 (Cal. Supreme Ct. Aug. 22, 2024) (published). Previously discussed in “PMQ Declarations, Extortion & AI Judges”, and **$2.5M Discovery Sanction Reversed Because Not Authorized by a Specific Statute, But Justice Grimes Pens a Strong Dissent.**
• **Prevailing on a Contract Affirmative Defense Gives Rise to Civ. Code § 1717 Fees** Am. Bldg. Innovation v. Balfour Beatty Constr. (D4d3 Sep. 3, 2024) No. G062471 [pub. opn.]
• Wright v. Wright, Case No. B330901 (2d Dist., Div. 1 Aug. 23, 2024) (unpublished) via CalAttorneysFees.com
• Judge Philip S. Gutierrez entered judgment as a matter of law for the NFL
• Reductio ad arbitrium absurdum: Disney wants to kick a wrongful death lawsuit in Florida to arbitration.
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.