New York City Bar Association Podcast

The City Bar Task Force on Digital Technologies dives into the complex landscape of artificial intelligence (AI) in the insurance sector, highlighting the unique regulatory environment in the United States where insurance is state regulated. It discusses the role of key states such as New York and Colorado and the national guidance provided by the National Association of Insurance Commissioners (NAIC) on the use of AI in insurance in a range of areas. The podcast features expert insights from Jerome Walker, Sophia Duffy, Azish Filabi, and Corey Goldstein, who discuss and compare the transformative effects of AI in insurance, focusing on actions by the New York State Department of Financial Services, the Colorado Division of Insurance and NAIC on ethical implications, the challenges of managing third-party algorithm developers, and recommendations for a national framework to ensure AI's ethical use in insurance. They elaborate on the roles of governance, testing, and third-party vendor management in complying with regulatory standards and the importance of audits and certifications for AI systems to prevent unfair discrimination and promote transparency and accountability. Tune in to learn more about: • What existing insurance regulations and guidance apply to artificial intelligence? • What is the role of NAIC on AI in insurance? • What data sources are underwriters using for their AI tools and how are they combatting bias in the data? • A comparison of regulatory approaches in New York, Colorado and elsewhere. • Insights on third-party vendor management. Want to learn more about innovations in digital technologies for the legal world? Join us at the City Bar’s upcoming Artificial Intelligence Institute on June 10. (This program will be available on-demand thereafter.) Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events. Access a transcript of this episode here: https://bit.ly/4b9CWHv Related articles: The NYDFS Plans to Impose Significant Obligations on Insurers Using AI or External Data (https://bit.ly/3wrY10S) AI-Enabled Underwriting Brings New Challenges for Life Insurance: Policy and Regulatory Considerations (https://bit.ly/3WI2OGe) Colorado Governance and Risk Management Framework Requirements for Life Insurers’ Use of External Consumer Data and Information Sources, Algorithms, and Predictive Models (https://bit.ly/3UGwwbO) NAIC Guidance on Artificial Intelligence (https://bit.ly/3K3XNjA)

Artificial intelligence tools are already changing the legal landscape, so how will lawyers know how to use them while complying with existing ethics rules? David Keyko and Tyler Maulsby – current and former chairs of the City Bar Professional Ethics Committee – join Azish Filabi, Executive Director of the American College of Financial Services Center for Ethics, on the latest podcast from the Digital Technologies Task Force to talk about the current landscape of ethics rules in relation to emerging digital technologies. They dig into the implications for the duties of confidentiality, disclosure and transparency while examining whether past leaps in technology – think cell phones and email – can inform the technological revolution that is happening underfoot today. Tune in to learn more about: • How do current legal ethics rules address digital technology? • What legal ethics rules exist addressing artificial intelligence? • What legal ethics considerations should lawyers have when advising clients on new technologies? • How can legal ethics inform the choice between using a tool from a third party vendor and managing a tool in-house? • How should lawyers think about disclosure to clients if they're using generative AI systems? Want to learn more about innovations in digital technologies for the legal world? Join us at our upcoming City Bar Programs: Technology Innovations and the Law on May 16 (https://bit.ly/3wkjtom) and the Artificial Intelligence Institute on June 10 (https://bit.ly/3JLCbrW). (These programs are available on-demand thereafter.) Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events. Access a transcript of this episode here: https://bit.ly/3UqERAr

The judiciary is poised for transformation in the AI era. From the courtroom to chambers, judges will likely need to address AI. Are current tools accurate enough for judicial work? How will judges be able to verify appropriate uses of these tools? What new opportunities and new headaches are going to crop up in courtrooms? Harut Minasian of the City Bar Working Group on Judicial Administration and Artificial Intelligence takes on those questions and more with two former federal judges: Hon. Katherine Forrest (S.D.N.Y.) and Hon. Paul Grimm (D. Md.). Tune in to learn more about: • What are the challenges at the intersection of AI and evidence? • How are professional responsibility rules changing to account for the use of AI in legal practice? • Will AI democratize legal services and access to justice? • What is the future of AI in the courtroom? Use this link to access a transcript of this episode: https://bit.ly/43PZslY

The City Bar Digital Technologies Task Force teams up today with the Financial Technology Association for a deep dive into the State of Fintech. Angelena Bradfield (FTA), Adam VanWagner (MoneyLion), Matt Cameron (Remitly), Meredith Fuchs (Plaid), and Parris Sanz (WebBank) unpack the current legal and regulatory environment, especially with regard to recent moves toward an open banking rule. Our guests discuss the significant impact of fintech on financial inclusion, consumer benefits, and the evolving landscape of digital financial services. The conversation highlights the crucial role of regulatory flexibility and the potential of technologies like AI in fostering innovation while ensuring robust consumer protection. The discussion also touches on the significant implications of regulatory actions at both federal and state levels on the fintech ecosystem. The experts call for a balanced approach to regulation that encourages innovation and ensures consumer trust in the fintech industry. Tune in to hear more about: • How will a forthcoming open-banking rule from the CFPB change the banking industry? • What is the potential for fintechs to expand inclusion in the financial system? • How will the use of AI affect future partnerships between fintechs and traditional banks? • How friendly to innovation is the current regulatory regime? How has the balance shifted over time? Access a transcript of this episode here: https://bit.ly/3xmNDYex

Committee member Aimee Latorre speaks with Craig Dobson, a National Board Certified Health and Wellness Coach. They focused on healthy eating practices as well as how lawyers can use mindful approaches to eating that support their personal and professional well-being. Craig is a practicing ethics attorney with a vivid personal journey into the world of nutrition and coaching. He shared some common-sense framing devices when approaching nutrition. Craig also spoke about forming habits and building new practices. Tune in to learn more about: • How mindful eating can contribute to attorney well-being • How wellness coaches can support clients in making informed choices on their personal wellness journeys • Different forms of misinformation around diet and nutrition • Craig’s tips for starting a mindfulness practice based on his own experience starting from step one Access a transcript of this episode here: https://bit.ly/49TTjr7

Bad actors have been some of the earliest and most skillful adopters of new financial digital technologies. They are using those technologies to move money and finance their operations in ways that present a raft of new challenges for law enforcement agents and financial regulatory agencies. The justice and financial systems are speedily reacting and learning to enforce financial laws in the digital world. It’s uncharted territory, and the laws and regulations enforced by various agencies often overlap. So the City Bar Digital Technology Task Force invited five of its members (all current and former law enforcement and compliance chiefs) to start the discussion about how market participants and other stakeholders can understand the actions of law enforcement and regulatory agencies in the digital technologies arena. Tune in to learn more about: • How the US at the federal, state, and local levels fight narcotics, trafficking and money laundering in the digital world. • The ins and outs of public private partnership in crypto investigations for various government agencies. • Why market participants and other stakeholders should help prevent illicit activities by terrorist groups like Hamas, North Korea and Iran. • Tools to help prevent illicit activity from infiltrating the financial system. Access a transcript of this episode here: https://bit.ly/3Tfb11g

Flying cars and vertipads. Electric cars filling the streets with a charging station on every block. That’s the not-so-distant future and the experts are getting serious about preparing for it. How will the grid accommodate all of these new draws on electricity? How will this army of new devices communicate with each other? What business models will govern our new technologies? Who will own the galaxy of new data that results? Matthew Daus, Margaret Barry, Elizabeth Stein and Lorraine McGowen from the Electronic Mobility Subcommittee of the Digital Technology Task Force tackle these and more pressing questions in this episode of the New York City Bar Podcast. Stay tuned to hear more about: • What are emerging transportation technologies? • What’s next for the proliferation of electric vehicles? • How will we need to adapt the electrical grid to accommodate all of these new technologies, and how can we ensure they are deployed equitably? • What new challenges in product liability are going to come with new electronic mobility technologies? Access a transcript of this episode here: https://bit.ly/3SReLFJ

Governor Hochul has proposed transferring one hundred million dollars from the state’s IOLA account into the State General Fund. That could have cascading consequences for the State’s legal services community and the hundreds of thousands of New Yorkers that it serves. We’re here today to help you understand what IOLA is, the stakes in the governor’s budget proposal, and what lawyers and others can do to stand up for IOLA. View a transcript of this episode here: https://bit.ly/3OFrYjX Google this episode for links to the resources below. IOLA Press Release linking to Community Letter urging Governor Hochul to undo $100 million IOLA transfer. The signatories represent leading social service agencies, veterans groups, health care providers, legal organizations, and concerned citizens from across the state. IOLA Letter to Governor Hochul IOLA Board Statement New York State Bar Association Press Release NY Legal Services Coalition Testimony Network of Bar Leaders Statement New York City Bar Association Statement New York County Lawyers Association Statement

Almost everyone has heard of the metaverse and seen that word in a splashy headline. But what is it, really, and what could it become in the future? In some sense, the answer is simple and very broad: the metaverse is a new environment for people to interact, shop, play and learn, and a new environment for companies to advertise, market and sell. But the metaverse today is a new Wild West where potential for innovation is matched by potential risk factors in terms of ownership, liability, trademark and intellectual property, and much more. Jerome Walker, Flora Lau and Terry Dugan from the City Bar Digital Technology Task Force dive into the innovations and the risks that are emerging today. And they ask, with creators and companies galloping into the new frontier, where are they going and who will be in charge? Tune in to hear more about: • What is the metaverse? Why was it created? And what is the metaverse experience like? • Who are some of the leading companies in the metaverse? • Why should lawyers for example, even care about the metaverse? • New vocabulary and concepts from the metaverse. • What are the legal issues for influencers in the metaverse? How do you deal with the concept of ownership in the metaverse? Who owns the content of the metaverse? • What are the trademark and IP issues in the metaverse? • What are the product liability issues in the metaverse? • What’s next for the metaverse? Who will lead the charge to Web 3.0 and how soon will we get there? Access a transcript of this episode here: https://bit.ly/3vKCUWC

The Digital Technology Task Force explores the crisis of unequal access to digital technologies. Robert A. Marchman and Jolevette Mitchell talk about how this huge issue can hide in plain sight, and they go over some of the existing efforts to close the gap as well as existing challenges. This episode also covers some of the pitfalls that even well-intentioned reforms must be careful to avoid. Tune in to hear more about: • What is the digital divide? Who are the communities that are affected? • What is being done at the local, state and federal level to close the digital divide? • How can existing programs be expanded, and how can existing programs better work together? • How can reform efforts avoid the possible harms implicit in the use of many technologies? Access a transcript of this episode here: https://bit.ly/48wlqvo Related Resources (NYS ConnectALL) Five-Year Action Plan - Broadband Equity, Access, and Deployment (BEAD) Program: https://on.ny.gov/3tCipLf (GAO) Broadband - National Strategy Needed to Guide Federal Efforts to Reduce Digital Divide: https://bit.ly/3vvjfK7 (City Bar) Support for Legislation Providing Internet Access to Individuals Living in Temporary Housing Throughout New York State: https://bit.ly/41S4eOL (City Bar) Help Ensure Internet Access for New Yorkers Experiencing Homelessness: https://bit.ly/3vnKhDv