by Kim, Lahey & Killough Law FirmAlternative Legal Service Providers
Should They Be “Alternative?”
This article appeared the January 2024 issue of SC Lawyer magazine. Reprinted with permission of the South Carolina Bar.
For the past several years, the legal profession has been searching for ways to respond to staffing shortages, increased complexity in legal matters, and clients’ demand for cost control and faster response times. The use of Alternative Legal Service Providers (ALSPs) has been one way to meet these challenges. Failing to understand, explore and, when applicable, properly incorporate ALSPs into your legal practice will unnecessarily diminish the value you can provide to clients and companies. This is especially true when the ALSP leverages modern technology for document review and signature, e-discovery and analysis, litigation support, and regulatory and compliance projects. The introduction of artificial intelligence (AI) makes the decision to adopt or ignore ALSP even more timely and relevant to the modern law practice.
ALSPs can be very beneficial when properly implemented, as they provide non-traditional ways, even revolutionary ways, to provide legal services. There is also no question that the industry is growing. An online article by Thomson Reuters in January of 2023 stated that the ALSPs comprise a $20.6 billion portion of the legal market. The article noted that the rapidly increased use of ALSPs is causing a blurring between law firms, legal departments, and technology companies. The offerings for alternative legal services come in many forms: online legal platforms, virtual law firms, and artificial intelligence technologies that can be used for document review and even document drafting. As client demands increase, ALSPs can help firms and companies meet this demand by providing non-traditional and even disruptive solutions. We have all seen the change in the legal industry, especially post COVID, where digital transformation was increased, remote working became the norm, physical documents were the exception, and access to information dramatically increased. Proper use of alternative legal services can assist the law firm or company transition into the digital era.
One simple example is the shift to e-signature. While the algorithm that was generally used to create the first e-signatures was created in 1977, it was not until the Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 that these signatures were allowed to be legally binding and therefore an option for law firms. E-signatures are also consistent with the move to the paperless office. E-signatures offer fewer signing errors, improved security, increased response time, client convenience, and lower costs. However, adopting e-signatures comes with requirements such as having the client accept doing business electronically, allowing a wet signature option, showing a clear intent to sign, and receiving a copy of the completed, signed document. The point is that even with something as simple as e-signatures, there are practical, operational, and regulatory requirements that must be met to implement this alternative to the traditional signature. ALSPs cannot just be adopted blindly.
ALSPs can also be thought of as “legal outsourcing”, which is the practice of law firms or corporations engaging with third parties that provide legal support. Domestically, this is outsourcing and internationally it is offshoring. In the early 2000s, tasks that were assigned to these third parties included document review, legal research and writing, drafting of pleadings and briefs, and patent services. For example, companies offered to draft patent applications for substantially less than the domestic attorney fees by using offshored authors. These third parties offered substantially reduced costs, improved turnaround and increased resources to those law firms and companies that sought their services. However, this practice was not without risk.
In 2008, the United States Patent and Trademark Office (USPTO) recognized that this offshoring was occurring and issued a notice which stated, “The USPTO has become aware that a number of law firms or service provider companies located in foreign countries are sending solicitations to U.S. registered patent practitioners offering their services in connection with the preparation of patent applications to be filed in the United States.” The USPTO “reminded” inventors and patent attorneys that “the export of subject matter abroad pursuant to a license from the USPTO, such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.” The risk was that using these ALSPs may cause a violation of the Export Administration Regulations governing exports of dual-use commodities, software, and technology, including technical data.
The lesson here is that while there can be substantial cost savings with an ALSP, a strategy should be put in place to properly manage the ALSP, project, information, data, and regulations.
One lesson can be learned from a now infamous proceeding before the USPTO involving ALSPs Abtach Ltd., 360 Digital Marketing LLC, and RetroCube LLC. These ALSPs purported to assist trademark filers with the federal trademark application process. On November 3, 2021, the USPTO issued a show cause order stating that it had reason to believe that these and related companies were violating the USPTO’s rules of practice, engaging in the unauthorized practice of law, and providing false, fictitious, or fraudulent information in thousands of trademark submissions to the USPTO. Among the violations, the USPTO alleged that the companies failed to follow the rule that all documents submitted to the USPTO in a trademark matter must be personally signed by the named signatory. When the companies did not adequately respond to the USPTO’s show cause order, the USPTO imposed sanctions on the companies, including a bar on further communication with the USPTO, permanent deactivation of their USPTO accounts, and disallowance of any future accounts. However, this was not the worst of it. The order terminated “all trademark application proceedings involving submissions by Respondents or filed through a USPTO.gov account registered to, associated with, or controlled by Respondents,” leaving thousands of applicants with paid for, but cancelled trademark applications. Several South Carolina applicants were caught in this proceeding. Since federal trademark rights can begin from the filing date, this caused substantial legal damages to thousands of entities. In this case, the use of these ALSPs resulted in substantially more harm than any saving could overcome. The use of an ALSP without the guidance of a practicing trademark attorney was very damaging indeed.
When considering an ALSP, there is always the issue of unauthorized practice of law, as shown in the USPTO proceeding. South Carolina has addressed one business model of an ALSP (Legal Zoom) in a 2012 proceeding and found that “Legal Zoom’s business practices, as reflected in the Settlement Agreement and the Affidavit of Edward Hartman, do not constitute the practice of law.” Nevertheless, each use and implementation is different, and this is an area where the specific ALSP in use will determine the outcome.
Practical and ethical considerations require lawyers and firms to properly investigate and implement ALSPs consistent with the profession’s ethical obligations. Comment 8 to Rule 1.1 of the Rules of Professional Conduct states that a lawyer, to comply with the requirement of competency, should “keep abreast of changes in the law and its practice, including a reasonable understanding of the benefits and risks associated with technology the lawyer uses to provide services to clients or to store or transmit information related to the representation of a client.” Rule 1.4 requires transparent communication so clients can make informed decisions regarding representation. Rule 1.6(a) states, “A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation….” Rule 1.6(c) states, “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” When using an ALSP, even for normal tasks such as document review, e-discovery and data rooms, the law firm has several obligations under the application of Rules 1.1, 1.4 and 1.6. Consider an ALSP that provides e-discovery and document review. First, the lawyer has an obligation to understand the services and operations of the ALSP in sufficient detail to ensure that any information shared remains confidential (Rules 1.1 and 1.6). Second, the lawyer has an obligation to communicate and inform the client that the ALSP is being used and what information is being shared (Rule 1.4). Third, the lawyer has an obligation to stay abreast of the changes in services and operations of the ALSP in the event circumstance’s change. For example, SLPA that are technology-based companies can be subject to mergers, acquisitions, and reorganizations that can impact the ALSP operations. On August 29, 2023, the “legal technology” company Reveal published a press release stating that it acquired two other e-discovery companies, Logikcull and IPRO. Reveal provides the legal industry with tools for document review and other services. The acquisition resulted in over 4,000 customers and employees in more than two dozen countries. Logikcull, initially a United States company, now has its span globally. In the event that a law firm or client used Logikcull for a legal hold, extra steps now have to be taken to be compliant with the International Traffic in Arms Regulations (ITAR), because ITAR covered technical information cannot be transmitted without certain permissions and only to certain counties. Failing to understand the services and operations of the ALSPs of this transaction can result in not only ethical violations, but regulatory ones as well. The example of violating ITAR is the risk that the Rules of Professional Conduct are designed to prevent.
The use of technology, and investigating ALSPs, is not complete without a discussion of artificial intelligence. The risks associated with use of AI can create significant negative impacts on the client so that its use falls under this rule.
First, when we discuss AI, we should classify the type of AI that is being used. Generally, there are three types: analytical, predictive, and generative.
Analytical AI is generally directed to analyzing and interpreting data to provide insights, patterns, and meaningful information. An ALSP using analytical AI may be the easiest to implement since it can streamline document review, reduce errors, and improve efficiency. This is especially true when using AI to scan documents for key terms and flag issues for an attorney to review. Understanding the ALSP using analytical AI (and informing the client) can quickly lead to savings and improved accuracy.
Predictive AI seeks to forecast or predict future events or outcomes based on historical data and patterns. This use may be the riskiest for some firms because of the presence of bias in the very AI model itself, the large quantity of data required, the uncertainty of specific outcomes and assumptions made in the learning model about the subject matter. For example, one AI application, when presented with a potential juror name, searches public data related to the prospective juror, correlates the data with known patterns of human behavior, and provides a detailed profile of the person’s personality type and a summary of their views and biases. This application seeks to provide insight into the juror according to its AI model so that attorneys can use this information to predict biases in a potential juror. However, since AI has to be “taught” how to think, the AI may only be providing an appearance of usefulness, include bias and discrimination concerns, and even may violate the constitutional mandate not to use gender or race when selecting juries. Since the actual operation of the AI model is constantly changing and unknown, there is substantial risk with AI for this predictive application.
Nevertheless, using an ALSP with predictive AI that analyzes data to predict case outcomes and legal trends, combined with a lawyer’s oversight, can be a powerful tool. Using such an ALSP with predictive AI can allow a lawyer to make informed predictions about case success, analyze settlement offers, and develop mediation, settlement, and litigation strategies. Predictive AI can be used to review case facts, prior rulings, and judge behavior, potentially allowing the lawyer to better prepare strategic decisions concerning trial tactics, negotiations, or settlements. Predictive AI has the potential to enhance or even replace the mock jury process. It is important to be aware and understand that every model, technique, and process has its limitations when implementing it.
Generative AI is used to create new content, documents or other material and typically provides newly created content according to patterns and knowledge learned from existing data. Its use can include anything from litigation documents to emails. Again, understanding the process and communicating that it is being used to the client when deploying generative AI is critical to its proper implementation. For example, in patent law, a public disclosure can start a clock running in which the inventor has to file a patent application within twelve months or risk losing the ability to seek patent protection. ChatGPT is a public forum, so using this ALSP to draft a patent application would result in a public disclosure.
Even AI models that claim to keep confidential the information that is provided (e.g., seeking to avoid public disclosure) have issues with their operations. For example, patent drafting AI software states on its website that data is sent to Amazon Web Services (AWS), is encrypted, and the patent documents are not stored except as necessary to provide the services. While this is a good first step, the privacy policy states that the company may share the information collected from you with third-party companies, such as Amazon Web Services, Google, and LinkedIn. One has to wonder how the data remains confidential with these contradictory representations. Understanding these processes and policies is important to being able to communicate to a client when such a service is used.
We also know that there have been missteps with the use of generative AI, including the now well-known fine of $5,000.00 assessed against a lawyer who used ChatGPT to write an affidavit and brief, including six case cites that proved to be nonexistent cases. While it may appear that this is a gross dereliction of duty, the attorney explained that he was unaware that ChatGPT could provide false information (e.g., hallucinations). It is difficult to reconcile this explanation with the requirements of Rule 1.1, comment [8].
When using generative AI for a client, a detailed understanding of the ALSP policies and process is critical to ensure that confidentiality is maintained.
When selecting an ALSP and implementing it in your practice, there are several key points that are needed:
- Understanding how the ALSP receives, stores, and otherwise manages the data it receives. For example, is the data stored in one location, multiple locations domestically, and/or internationally? Further, the vendors of your vendor can play a role. In one example, a vender was used for data storage and analysis for material that was ITAR controlled. However, a vendor of a vendor was not ITAR compliant creating ethical and regulatory issues.
- Understanding the ALSP’s policies such as its security policies, disclosure policies, and ability to return or destroy data is important both in operation (and what) as they provide informed consent to the client.
- Obtaining informed consent from the client can be a requirement in some, if not most, cases. As we see ALSPs continue to invest in technology, the lawyer can capitalize on these new technologies and tools, but not necessarily without the client’s permission.
- Ensuring confidentiality.
- Providing oversight so that the lawyer does not blindly rely upon the ALSP since the duty of communications, competence, and confidentiality cannot be delegated. We learned this from the case J-M Mfg. Co. v. McDermott Will & Emery where the client instigated a legal malpractice claim alleging the negligent handling of e-discovery. The client pled that its counsel’s professional duty of care was breached when its counsel failed to supervise its e-discovery vendors and contract lawyers which resulted in the inadvertent production of thousands of non-responsive, privileged documents.
Properly implemented, ALSPs can be used effectively for the benefit of the lawyer and the client, but not without investigations, precautions, and oversight. Unfortunately, there is not a single checklist for this as each ALSP has unique and ever-changing procedures, policies, and processes, especially with the introduction of AI. Nevertheless, cost savings, efficiency, speed, large data access and analysis, and future predictive services can provide the law firm with a competitive advantage without requiring the traditional “team of lawyers.” Planned, controlled and thoughtful implementation of ALSPs is the way of the future. As discovered in the Alternative Legal Services Providers 2023 Report, ALSP use is growing in large part to the ability of the ALSP to provide specialized expertise (e.g., intellectual property portfolio management) and access to technology that is not available within the firm (e.g., artificial intelligence).
Also, AI is not without its entertainment…
Doug: Please write a closing paragraph for an article discussing alternative legal service providers
ChatGPT: In an era marked by rapidly evolving legal demands and the imperative to optimize resources, alternative legal service providers have unquestionably earned their place in the legal landscape. Their innovative approaches, cost-effectiveness, and commitment to efficiency are reshaping the way legal services are delivered and consumed. As clients and law firms alike continue to seek innovative solutions, the rise of ALSPs stands as a testament to the legal industry’s adaptability and responsiveness to change. While traditional law firms remain a cornerstone of the profession, the symbiotic relationship between traditional and alternative legal service providers is fostering a legal ecosystem that not only meets but anticipates the diverse needs of clients in our increasingly complex and dynamic world. The future of the legal industry appears to be one where the combined strengths of both models will continue to drive progress, making legal services more accessible, efficient, and effective for all.
Doug: Now, write it in the voice of a pirate.
ChatGPT: Arrr, me hearties, in this ever-changin’ legal seascape, these here alternative legal service providers be a treasure worth discoverin’! Their swashbucklin’ methods, savvy for savin’ doubloons, and their knack for speedin’ through legal waters be transformin’ the way we handle our legal affairs. As clients and law firms seek new horizons, these ALSPs be showin’ their mettle, provin’ they be a vital part o’ the legal crew. While traditional law firms be anchorin’ the profession, the partnership ‘twixt old salts and these newfangled ALSPs be creatin’ a legal realm that not only meets but anticipates the diverse needs o’ clients in this ever-twistin’ and turnin’ world. The future of the legal sea be one where both models be workin’ in tandem to chart a course towards makin’ legal services more accessible, efficient, and effective for all ye landlubbers!
Doug Kim, a Physics major from Davidson College, began his professional career as a computer programmer and software engineer. His intellectual property career began in 1998 when he combined his business experience with his legal education and was involved with enforcing a client’s patent against multiple infringers. Since then, Doug has created a well-rounded IP practice that provides legal solutions and strategies tailored to each client from multinational corporations to start-ups.
Endnotes
- https://www.thomsonreuters.com/en-us/posts/legal/alsp-report-2023/ (according to the Alternative Legal Services Providers 2023 Report, published in 2023 and conducted June 1 to July
18, 2022 by the Thomson Reuters Institute, the Center on Ethics and the Legal Profession at Georgetown Law, and the Saïd Business School at the University of Oxford. - 73 CFR 42781
- Id.
- Id (See MPEP § 140 (8th ed., Rev. 5, Aug. 2006).
- 15 CFR Parts 730–774.
- https://www.uspto.gov/trademarks/protect/applications-terminated-abtach-360-digital-marketing-retrocube
- 37 C.F.R. § 2.193(a); TMEP § 611.01(b).
- https://www.uspto.gov/trademarks/protect/applications-terminated-abtach-360-digital-marketing-retrocube
- Case No. 2012-208067.
- Id.
- Rule 1.1 Comment [8].
- Rule 1.4 Comment[5].
by Kim, Lahey & Killough Law FirmContingency Planning and Disruptions: Preparing for a Typhoon
At the recent NEXT Upstate’s Founders Forum, our firm’s founder Attorney Doug Kim spoke to business owners about contingency planning and the crucial steps they should take to prepare for disruptions. He speaks from personal experience. In May 2023, during a diving expedition to Truk Lagoon Micronesia, unexpected challenges unfolded, leading to an extended stay due to flight delays caused by Typhoon Mawar.
Before the one-in-a-lifetime journey began, Doug and the rest of the firm prepared meticulously, including informing clients, designating a point of contact, and addressing administrative tasks. Despite facing unexpected delays and limited communication options during the trip that Mother Nature extended by two weeks, the firm’s established policies and procedures allowed for effective management of the disruption. We didn’t miss a beat!
The resilience of our firm’s operations, enabled by our SaaS tech stack, cloud storage, and VPN, allowed for continuous communication and work progress. The ability to triage and prioritize tasks ensured that essential work continued, even in the face of uncertainties. The experience highlighted the importance of having contingency plans in place, especially when unforeseen circumstances lead to an unexpectedly prolonged absence.
While the incident tested the firm’s resilience, it also provided valuable insights into the effectiveness of remote work capabilities. It underscores the need for businesses to not only anticipate disruptions but also to implement robust contingency plans that encompass various scenarios, ensuring continued functionality and adaptability in the face of the unexpected.
Key Takeaways:
Complete a Comprehensive Business Analysis Impact Report:
Doug emphasized the importance of conducting a thorough business analysis impact report. Scrutinize all business functions, applications, and services to identify vulnerabilities and potential areas of risk. By understanding how disruptions might impact different facets of the business, owners can proactively implement measures to mitigate risks.
Protect the Essentials for Revenue Generation:
Protecting what’s vital to revenue is paramount. Doug advised business owners to identify and secure the critical components that drive revenue. This includes safeguarding key assets, client relationships, and proprietary technologies. By prioritizing these elements, businesses can enhance their resilience against disruptions that may threaten their financial stability.
Cross-Train Teams and Establish Succession Plans:
Cross-training teams is a strategic move to ensure that no single person holds exclusive knowledge or skills critical to business operations. For solopreneurs, Doug recommended finding a trusted friend who can serve as a backup and hold a spare set of keys to the castle. This not only mitigates risks associated with personnel dependencies but also ensures a smoother transition in case of unforeseen circumstances.
Develop a Comprehensive Communications Plan:
Effective communication is key during times of disruption. Doug suggested creating both internal and external communications plans. Internally, it’s crucial to designate a person in charge and establish clear communication channels. Externally, keeping clients and vendors informed is essential for maintaining trust. Additionally, evaluating the need for public relations (PR) during crises ensures that the business’s image is carefully managed.
Data Recovery Strategies:
Doug outlined a robust data recovery strategy involving the maintenance of three copies, two backups, and one offsite storage. This ensures data redundancy and protection against data loss. Incorporating third-party solutions that are geographically untethered adds an extra layer of security.
Measures to Safeguard Property and Funds:
To protect property and funds, Doug recommended internal agreements such as employment and independent contractor agreements. Safeguarding intellectual capital (IP), having duplicate vendors, and establishing an incident response team, both internally and externally, further fortify the business against unforeseen events.
Insurance and Contract Clauses:
The importance of insurance in contingency planning cannot be overstated. Doug suggested considering insurance coverage tailored to the specific risks faced by the business. Additionally, including contract clauses that outline provisions for emergency use of electronic data processing equipment helps manage expectations in case of equipment failures.
By incorporating contingency planning strategies, entrepreneurs can build resilient businesses capable of withstanding disruptions and adapting to changing circumstances. As Judson L Moore aptly stated, “A bad plan is better than no plan,” emphasizing the significance of flexibility in adapting and refining strategies as circumstances evolve.
- Check out local news coverage of “Stuck in Truk”
- Learn more about NEXT Upstate’s Founders Forum series.
by Kim, Lahey & Killough Law FirmSC Biz News Selects Attorney Doug Kim for 50 Most Influential List 2023
SC Biz News Magazine names Attorney Doug Kim, founder of the Kim, Lahey & Killough Law Firm, one of the 50 Most Influential People in South Carolina for 2023. The magazine’s editor says Doug and the other executives recognized are “why South Carolina’s economic engine is humming and why people are flocking here to live, work, and play.”
Doug says, “It’s humbling to be honored with this recognition. My philosophy, and the philosophy of our firm, is that we all win by helping others. It’s a pleasure to work with so many organizations across our state whose mission is to strengthen our innovation and entrepreneur ecosystems.”
Click here to read the online publication. It includes an excerpt from Doug’s answers to the SC Biz News questionnaire. The full questionnaire and Doug’s answers are below.
What is your greatest career achievement/accomplishment?
Most importantly, I am so thankful for the relationships in my life. I am grateful for family, friends, clients, and collaborators. I realize how lucky I am to be surrounded by such quality people. I am also very proud that I’ve been able to make one of my dreams a reality, which is starting a law firm that is based upon modern business principles to service our clients, while also providing a working environment for other attorneys and staff so that they can be successful is quite rewarding. Seeing these attorneys and staff grow and succeed is quite fulfilling.
As for external wins, one with some of the most impact was hailed as a big win for the photography industry. The 2-year battle revolved around a company’s attempt to enforce a software patent, contending it owned exclusive rights to a data processing system for grouping photographs together.
In the fall of 2018, Snapizzi, a Washington state corporation, began contacting ImageQuix, a Greenville-based software company, about its patented image-tagging technology (U.S. Patent 8,794,506). ImageQuix had just released Blueprint, its latest photography workflow software that also included image tagging to sort and organize large volumes of images.
From the beginning, we believed the Snapizzi patent was invalid and that its claims were in violation of the Alice ruling, which covers “abstract ideas” that are therefore ineligible for patent protection. We’re happy both the District Court and the Federal Circuit Court of Appeals agreed with us.
What is South Carolina’s biggest strength?
South Carolina has a pro-business climate that fosters growth. There are entrepreneur ecosystems, networks of resource partners, across the state that help attract and grow innovative entrepreneurs, as well as international companies.
What is South Carolina’s biggest challenge?
In order to keep high-growth businesses in the Palmetto State (when they’re actively being recruited by our neighbors), we must shift from the regional mentality that’s currently in the Upstate, the Midlands, and the Lowcountry to more of a unified state-wide effort of inclusivity. If Myrtle Beach is launching an entrepreneur ecosystem, for example, there’s no need for our neighbors to recreate the wheel. We all benefit from sharing ideas – what works, what doesn’t work. The challenge is how to make that happen when we are, as a state, so regionalized.
How do you think your work has benefited South Carolina?
I have been told that I am a serial networker and connector. These relationships allow me to see potential connections and opportunities between clients, companies, and organizations that promote collaboration and business. For example, I am involved with multiple entrepreneurship programs, business organizations, and professional organizations. I revived and now chair the SC Bar Intellectual Property and Innovation Committee. For 10 years, I chaired the InnoVision Awards, a program that has honored innovative companies for 25 years. One awardee said the exposure InnoVision provided motivated and propelled his business to the next level.
Finish this sentence: South Carolina will continue its positive economic momentum if …
It continues to stay focused on maintaining a business-friendly environment, focusing on the workforce from the high school level and upward (e.g., the South Carolina Governor’s School of Science and Mathematics – for which I sit on the foundation board), continues to produce high-quality STEM education from academic instruction such as Clemson USC and MUSC (and their research foundations) and continues to translate that southern hospitality into “the client comes first” so that we take care of our existing businesses and individuals – including those that are here enjoying this great state and those that are soon to come.
by Kim, Lahey & Killough Law FirmThe 2023 InnoVision Award winners
As a sponsor of the InnoVision Awards organization, the Kim, Lahey & Killough Law Firm is proud to share the news about this year’s winners. Application and nominations opened this past spring the organization received almost 100 nominations and applications. These submissions showcased innovations across the state in a variety of industries including mental health, construction, medicine, educational programming, and much more. The selected panel of judges reviewed each application and scored the organizations that provided the 2023 finalists and winners for six of their eight awards. The Charles Townes Individual Achievement Award and Dr. Janajreh Ibrahim Young Innovator Award were carefully considered and voted on by the InnoVision Awards Board of Directors, which includes Attorney Hunter Freeman. These organizations were recognized during the in-person celebration on November 9th in Columbia, South Carolina.
The Dr. Charles Townes Individual Achievement Award – Sponsored by Kyocera AVX
The highest honor awarded by the InnoVision Advisory Board and Judges panel is the Dr. Charles Townes Individual Achievement Award. The award is named in memory of Dr. Charles Townes, a Greenville, South Carolina native and Furman University graduate. He was awarded the Nobel Prize in Physics in 1964 and the Templeton Prize in 2005. Dr. Townes is the only person other than the Dalai Lama and Mother Teresa to win both a Nobel Prize and a Templeton Prize. The Dr. Charles Townes Individual Lifetime Achievement Award honors an individual who has exhibited a sustained commitment to the advancement of technology and the community through their technology-oriented and innovative contributions. Such contributions may be business, civic, and/or educational and must benefit the State of South Carolina.
The Dr. Charles Townes Individual Achievement Award winner this year is Amy Robichaud. Amy and her leadership helped push innovation in the Palmetto State and provided a spotlight for innovators. She was one of the founding members of InnoVision Awards which is celebrating its 25th anniversary this year. Amy’s work gave recognition and awareness to innovations, and collaborations with organizations across the state, and helped foster an innovation ecosystem that is thriving today. Amy Robichaud is the backbone of the InnoVision Awards and one of the rare individuals who can do it all.
The Ibrahim Janajreh Young Innovators Award – Sponsored by Designli
The award is named in honor of the memory and ideals of Dr. Ibrahim Janajreh. A brilliant scientist and unique individual, Dr. Janajreh was an important part of Michelin for more than 15 years, served on the InnoVision Advisory Board of Directors for three years, and received an InnoVision Award in 2000. The Ibrahim Janajreh Young Innovator Award was established in 2005 to recognize successful South Carolina programs that engage, encourage, and acknowledge young people in the areas of science, technology, math, and innovation.
The Young Innovators Award winners this year are Sean Powers and Brett Nilsen from Copyt. Copyt is a platform for sneaker resellers to easily connect, manage inventory, and act as a sales channel automation. Individuals can list sneakers on multiple platforms and manage listings through Copyt. Sean and Brett found difficulty keeping up with multiple platforms as missteps can hurt a seller’s reputation and lead to cancellation fees, this caused the creation of the company.
Technology Development Award – Sponsored by SCTech
The InnoVision Technology Development Award recognizes a company or organization for the development of a new or improved technology. The focus of this award is on the novelty of the technology and the challenge associated with developing it. The technology may be part of a new or existing product, process, or service that is intended for sale to customers or use inside the organization.
The 2023 Technology Development Award winner is Pensievision. Pensievision is developing 3D modeling technology which can be applied in various healthcare applications. One imaging device, CervImage, is helping diagnose cervical cancer which is extremely common but treatable if caught early. The device produces high-resolution 3D images of the area for early detection and analysis of legions. This method provides the true shape and size which assists with accurate diagnoses. Pensievision’s goal is to spread this technology and save countless lives. There were two other finalists for the award, GlycoPath and Kiyatec. Gylcopath is using biomarkers, the Glycotyper Assay, for early disease detection and progression. Kiyatec is a cancer diagnostic company that will test patient cells to find which chemotherapy treatment will react best.
Technology Application Award – Sponsored by SCRA
The InnoVision Technology Application Award recognizes a company or organization for the innovative application of an existing technology. The focus of this award is on how an existing technology is applied to create new value. The technology may be applied to a product, process, or service that is intended for sale to customers or use inside of the organization.
The 2023 Technology Application Award winner is SpheroFill. SpheroFill repurposed defense technology to develop a platform for drug delivery. The molecules in the device vary in size depending on what drug is, this allows SpheroFill to release medicine at different times and amounts while having all products in one device. There is also an option for extended-release over hours, days, or weeks. There were two other finalists for the award, Builder Rocket and Zylö Therapeutics. Builder Rocket created a platform where home builders can choose every aspect of the home and a picture is created for the builders so all parties agree and make an easier building process. Zylö Therapeutics developed a sustained-release drug delivery system for topical administration to increase the rate of drug penetration and effectiveness.
Small Business Award – Sponsored by Robinson Ventures
The InnoVision Small Business Award honors organizations for their creative technology development or innovative technology application. This innovation can be applied to a product, process, or service that will be sold to consumers or can be used inside a small business. Eligible awardees must employ fewer than 10 full-time employees and generate less than $5 million in revenue.
The 2023 Small Business Award winner is BagValet in Charleston. BagValet offers pickup, dropoff, and storage for bags during the time gaps between flights and accommodation check-in or check-out. Customers can request baggage pickup in as little as 30 minutes and items are stored with tamperproof locks for added security. This organization was founded by Amanda Sheridan as a solution to the ‘Luggage Struggle’ where tourists were dragging their bags on walking tours and around the city. BagValet has proven to be a success in Charleston and would like to scale nationally. There were two other finalists for the award, Maelstrom Propellers and Southeast IP Group. Maelstrom Propellers has created a safer and more effective propeller, the Eddy, which users can use less power to move through the water and reduces injuries. Southeast IP Group developed ANGEL, a drone rescue for distressed swimmers that will act as a floatation device to save lives.
Education Award – Sponsored by Contec
The InnoVision Education Award recognizes innovative approaches to education that create new educational opportunities and experiences for students, new methods of delivery, or improved quality and efficiency.
The 2023 Education Award winner is Notey. Notey is building an interactive education app to encourage music learning among children. The games on the platform will help motivate children to come back and learn their instrument. A vast majority of people with try an instrument and quit in a few weeks but Notey is working to make music learning a lifelong skill. There were two other finalists for the award, Converse University and Richland Two Institute of Innovation. Converse University is growing the Data Science program with a minor focusing on data visualization, ethics, coding, and broad applications, a general education course, and making partnerships in the area. Richland Two Institute of Innovation is individualizing instruction education for students to enjoy school and better retain information.
Sustainability Award – Sponsored by Velux
The InnoVision Sustainability Award recognizes an organization for an innovative approach to environmental stewardship. The focus of this award is on innovative technology, processes, and/or business models that promote the protection of the earth’s natural resources including renewable energy, renewable materials, reduced energy consumption, or reduced waste.
The 2023 Sustainability Award winner is Carolina Seed Systems. Carolina Seed Systems is addressing the feed demand issue in the south as the animals here need more than the area can provide. The company uses existing sorghum and naturally manipulates the variation to create other strains for several uses. The company’s product is helping other farmers meet their needs and reducing carbon emissions from traditional practices. There were two other finalists for the award, Gravity Driven Technologies and Living Carbon. Gravity Driven Technologies produce power by converting movement in a vehicle to electricity to address problems with the nation’s power grid. Living Carbon is reducing carbon emissions through afforestation, reforestation, and revegetation efforts using Living Carbon Climate Smart Seedlings.
Community Service Award – Sponsored by Insperity
The InnoVision Community Service Award recognizes an organization for an innovation that improves the quality of life in South Carolina communities. The innovation may involve products, services, or processes that serve South Carolinians.
The 2023 Community Service Award winner is Open Broadband. Open Broadband recognizes the increased need for internet across the state and works to make it more accessible. The company aims to serve areas where the internet is not readily available or where other internet providers cannot reach. Open Broadband broadcasts a fiber optic network from an antenna that connects with receivers in homes. There were two other finalists for the award, Health Evolve Technologies and Just Bee. Health Evolve Technologies is closing the gaps in health disparities among women by creating an app to track progress and assessments to determine at-risk individuals. Just Bee created a social impact app that trains businesses how to understand and accommodate individuals with autism to make public spaces more accessible.
by Kim, Lahey & Killough Law FirmIT Security Strategies in the Age of AI
The cybersecurity landscape has undergone a seismic shift in the aftermath of the COVID-19 pandemic. We’ve moved past the era of deceptive Nigerian email scams to confront highly organized and tech-savvy cybercriminals, many of whom employ advanced AI-driven tactics. Small businesses, in particular, are bearing the brunt of ransomware attacks because they often lack the financial cushion to fend off these digital marauders. In this blog post, we will delve into the key takeaways from Acumen IT’s event, “IT Security Strategies in the Age of AI,” held in Greenville in October 2023.
The Evolution of Cybercrime
Cybercrime has transitioned from the work of lone individuals operating out of basements to well-structured businesses with deep knowledge of your organization. AI now plays a significant role in orchestrating attacks, making them more efficient and devastating.
Ransomware attacks, in particular, have surged, with small businesses being prime targets due to their vulnerability. Many small businesses lack the financial resources to pay a ransom or defend against such attacks. To combat these threats effectively, here are three crucial strategies to consider:
- Employee Training: Focus on training your employees to recognize and respond to potential threats. A well-informed workforce can serve as a crucial line of defense.
- Cybersecurity Policies: Implement robust cybersecurity policies that dictate how employees should handle sensitive data and use company resources securely.
- Cybersecurity Insurance: Invest in cybersecurity insurance that covers your organization adequately. Avoid relying solely on general liability insurance, which may offer insufficient protection in the event of a significant breach.
Cybersecurity Insurance Matters
One essential aspect often overlooked is the need for dedicated cybersecurity insurance. It’s crucial to understand your liabilities and not rely solely on general liability insurance, which may include minimal cybersecurity coverage. A $50,000 cybersecurity policy that’s included in your general liability insurance wouldn’t scrape the surface of a $1M attack, for example. Engage your cybersecurity service provider to review your insurance policies and ensure they provide adequate protection for your organization.
Remote Work and Privacy Compliance
With the prevalence of remote work, maintaining privacy compliance becomes paramount. Here are some best practices:
- Least Permissive Access: Clearly define who has access to specific resources within your organization and limit access to only what’s necessary for each employee’s role.
- Data Logging: Maintain logs and controls for data access and usage, ensuring transparency and accountability.
- Data Assessment: Regularly evaluate your dataset to identify and eliminate unnecessary or sensitive data.
- End User Privacy: Respect and maintain end-user privacy by setting clear boundaries on data access.
- Data Ownership: It is crucial to understand that cloud providers like Microsoft and Google are not responsible for securing your data; you must take proactive measures.
- Regular Audits: Periodically audit your systems to identify and address potential vulnerabilities.
Leveraging AI for Cybersecurity
Harnessing AI for cybersecurity can be a game-changer. By feeding internal documentation into AI systems, you can empower your employees with quick access to critical information. However, it’s essential to maintain a 100% closed system to prevent misuse. Striking the right balance between convenience and security is key.
Managing IoT Devices
IoT devices can introduce vulnerabilities into your network. To manage them effectively:
- Vet Devices: Carefully evaluate IoT devices before integrating them into your network.
- Built-in Monitoring: Opt for devices with built-in monitoring capabilities to detect unusual activity.
- Segregation: Maintain separate networks for business IoT devices and personal devices to limit access.
- Conditional Access Policies: Implement conditional access policies to control device connectivity.
Securing Multi-Cloud and Hybrid Systems
Securing multi-cloud and hybrid systems requires a multifaceted approach:
- 2FA & MFA: Enforce multi-factor authentication to bolster security.
- Single Sign-On (SSO): Use SSO solutions for centralized control over access.
- Employee Policies: Establish clear policies for device usage and data access.
- Remote Device Management: Be prepared to wipe compromised employee devices to safeguard data.
- Secure Connectivity: Encourage employees to use VPNs or hotspots when on public networks.
- Data Encryption: Utilize encryption technologies to protect data in transit.
The evolving cybersecurity landscape necessitates a proactive approach. By prioritizing employee training, implementing robust policies, and investing in cybersecurity insurance, you can fortify your defenses against modern cyber threats. Additionally, implementing AI responsibly, managing IoT devices, and securing multi-cloud and hybrid systems are crucial components of safeguarding your organization. Stay vigilant, adapt to new challenges, and invest in the security of your digital assets to thrive in this evolving digital world.
Founded in 1999, Acumen IT is a leading technology firm that helps companies and organizations accelerate their business by helping to increase efficiency in Processes, People and Profitability. Acumen IT leverages technology to assist businesses to materially improve the health and performance of their client’s businesses.
by Kim, Lahey & Killough Law FirmKim, Lahey & Killough Listed in 2024 Best Law Firms
Kim, Lahey & Killough Law Firm has been named in the 2024 edition of Best Law Firms® in Greenville and Charleston. Firms included in the 2024 Best Law Firms list are recognized for professional excellence with consistently impressive ratings from clients and peers. This is the fifth consecutive year Kim, Lahey & Killough has received this esteemed recognition.
Ranked firms, presented in three tiers, are listed on a national and regional-based scale. Firms that receive a tier designation reflect the highest level of respect a firm can earn among other leading lawyers and clients in the same communities and practice areas.
Kim, Lahey & Killough is recognized as a Tier 1 law firm in the areas of Trademark Law and Intellectual Property Litigation and a Tier 2 law firm in the area of Corporate Law in Charleston. In Greenville, our firm is recognized as a Tier 2 law firm in the area of Patent Law and a Tier 3 law firm in the areas of Intellectual Property Litigation and Trademark Law.
With offices in Greenville and Charleston, SC, and Brevard, NC, Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate to the Lowcountry to across the globe. The firm serves the manufacturing, software, energy, finance, hospitality, tourism, and technology industries. Key practice areas include intellectual property, business and commercial litigation, mediation, employment, corporate and business matters, mergers and acquisitions, contracts, and cybersecurity.
by Kim, Lahey & Killough Law FirmFive Kim, Lahey & Killough attorneys recognized by Best Lawyers 2024
The Kim, Lahey & Killough Law Firm is pleased to announce five of our attorneys are listed in The Best Lawyers in America® 2024 edition, including four registered patent attorneys who are being recognized for their work in intellectual property law throughout the state.
In Greenville, Doug Kim is recognized in the 30th edition of The Best Lawyers in America in the practice areas of intellectual property litigation, patent litigation, patent law, and trademark law. Kim has previously been recognized as a Lawyer of the Year in Greenville, SC, in two of these areas: as Trademark Lawyer of the Year in 2022 and the Patent Lawyer of the Year in 2019.
Seann Lahey joins the list this year and is recognized for his work with trademark law, while Hunter Freeman is listed for his work in intellectual property litigation, trademark law, and copyright law.
In our Charleston office, B.C. “Bill” Killough has been recognized in Best Lawyers® for the past 15 years for his work in intellectual property litigation, patent law, and trademark law. He is also listed for his work in business organizations (including LLCs and partnerships) and was The Corporate Law Lawyer of the Year for the Charleston metro in 2015.
Attorney Casey Martens is named in Best Lawyers: Ones to Watch in America™ in the practice areas of Employee Benefits (ERISA) Law, Employee Labor and Employment Law, Management Labor and Employment Law, and Labor and Employment Law Litigation. Martens practices in both the Greenville, SC, and Brevard, NC, markets.
For the 30th edition, The Best Lawyers in America received a record of more than 22.5 million peer evaluations from across the United States to identify this year’s group of honorees. The Best Lawyers in America recognizes only the top 5.3% of lawyers in the nation across 150 practice areas.
With offices in Greenville and Charleston, SC, and Brevard, NC, the Kim, Lahey & Killough Law Firm is devoted to helping clients establish, enforce, and leverage their intellectual property rights from the Upstate, to the Lowcountry to across the globe.
by Kim, Lahey & Killough Law FirmSix Kim, Lahey & Killough attorneys listed as 2023 Legal Elite
From left: Robert Merting, Casey Martens, Hunter Freeman, Doug Kim, Seann Lahey, B.C. Killough
Six Kim, Lahey & Killough attorneys have been named in the 2023 Legal Elite lists by Charleston and Greenville Business Magazines. Four of the six attorneys listed are recognized for their work in the areas of intellectual property and innovation, a core focus of the law firm. Other areas of recognition included work in business litigation, corporate law – business organization and employment law for both plaintiffs and defendants. The Legal Elite are chosen annually and are compiled through peer nominations from attorneys throughout the state of South Carolina in 50 legal practice areas.
Registered patent attorneys Doug Kim, Seann Lahey, and Hunter Freeman are recognized by Greenville Business Magazine and B.C. Killough is recognized by Charleston Business Magazine for their work in the area of Intellectual Property and Innovation. Hunter Freeman is further recognized for his work in Business Litigation.
Additionally, Greenville attorneys Casey Martens and Robert Merting are listed as follows: Casey Martens is recognized for her work for both defendants and plaintiffs in Employment Law and Robert Merting for his work in Corporate Law – Business Organization.
by Kim, Lahey & Killough Law FirmU.S. Patent and Trademark Office releases 2022-2026 Strategic Plan
Plan sets priorities that enable the agency’s new mission and vision
WASHINGTON, DC (June 7, 2023) — The U.S. Patent and Trademark Office (USPTO) today published its 2022-2026 Strategic Plan, completing a planning process that welcomed more than 150 comments on the draft version from the public and USPTO employees.
“We are reimagining the USPTO of the future, an agency that issues, upholds, and protects robust and reliable IP rights that incentivize innovation and bring more ideas to market for and from all,” said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “Our 2022-2026 Strategic Plan is our path forward for continued success – we thank everyone who provided feedback throughout the planning process to make this plan ambitious, focused, and relevant.”
The new plan outlines the USPTO’s mission-focused strategic goals:
1. Drive inclusive U.S. innovation and global competitiveness;
2. Promote the efficient delivery of reliable intellectual property (IP) rights;
3. Promote the protection of IP against new and persistent threats;
4. Bring innovation to impact for the public good; and
5. Generate impactful employee and customer experiences by maximizing agency operations.
The plan directly supports the USPTO’s new mission of driving U.S. innovation, inclusive capitalism, and global competitiveness, and its new vision of unleashing America’s potential, with multiple objectives directly linked to each of these five goals.
For more information on the USPTO 2022-2026 Strategic Plan, visit www.uspto.gov/StrategicPlan.
by Kim, Lahey & Killough Law FirmST BARTH® Prevails in Trademark Opposition Case
Charleston
intellectual property attorney B.C. Killough recently prevailed in a trademark opposition case before the Trademark Trial and Appeal Board in an opinion issued in May of 2023. The Board sustained opposition to the federal trademark registration of Poupette St Barth, which was deemed to be confusingly similar to the trademark ST BARTH®.
Brands are important and valuable assets of companies, even though that value may not appear on a balance sheet. Monitoring brands used by competitors is an important part of an IP portfolio strategy. If a trademark owner believes they would be harmed by federal registration of a similar mark, they can file an opposition to the application for registration within a very limited opposition period. Monitoring of trademark applications at the United States Patent and Trademark Office provides intellectual property attorneys the ability to timely oppose the registration of conflicting marks to protect the client’s brands and prevent consumer confusion.
The Opposer in this case used ST BARTH to identify high-end luxury personal care products and has sold these products throughout the world since 1983. The applicant sought to register Poupette St Barth for personal care products with the United States Patent and Trademark Office.
The Board concluded that the marks are confusingly similar and refused to register Poupette St Barth. The Board stated that “consumers familiar with Opposer’s ST BARTH mark for perfumery, cosmetics, and other personal care products may perceive Applicant’s addition of the term POUPETTE merely as a variant or line extension of Opposer’s ST BARTH mark, with both marks indicating a single source.”
Read the entire case opinion here.
Any results the lawyer or law firm may have achieved on behalf of clients in other matters do not necessarily indicate similar results can be obtained for other clients.