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Corporate strategy is often seen as the domain of operations, finance, or marketing. But what happens when legal expertise becomes the engine of competitive advantage?
This month’s cover story by University of Connecticut Professor Robert Bird challenges outdated assumptions and lays out a compelling framework for how general counsel can drive value at the highest level.
“Legal expertise can serve as a sustainable competitive advantage, enabling firms to unlock and capture value that might otherwise be overlooked. A sustainable competitive advantage from legal knowledge requires both executives and legal experts to collaborate closely together on important business decisions,” he explains, before going on to outline actionable steps lawyers can take to generate strategic value for the C-suite.
Rob Beard, Chief Legal and Global Affairs Officer at the materials, networking, and lasers company Coherent Corp, has a similar vision. In an era defined by uncertainty—from geopolitical shifts to technological acceleration— legal leaders are no longer just guardians of risk. They’re architects of strategy.
That’s the central theme running through our interview with Beard, whose career has spanned sectors as diverse as finance, tech, and law.
“I expect my lawyers or the people that work in our organization to be business leaders first. People who are business leaders who look at the world through a different lens,” he says. “We look at the world a certain way—we bring certain experience to every business objective.”
Having sway with the C-suite is a career pinnacle for many senior-level attorneys—but what about those just starting out in their careers? The AI-fueled legal technology revolution has fundamentally altered the traditional career paths of young lawyers, as Noga Rosenthal, General Counsel and Chief Privacy Officer of data-driven TV company Ampersand, writes in her story for us.
“AI tools are now capable of doing much of the entry-level work that once served as the foundation of a junior attorney’s training,” she explains, referencing the technology’s ability to summarize contracts in seconds, suggest redlines to agreements, and perform other tasks.
Rosenthal goes on to outline what today’s legal leaders should be doing to grow the next generation of senior lawyers at a time when more and more of the routine work that once taught them to think like lawyers is being automated. Shifting their workload to judgment-based tasks and away from document processing is just one of her suggestions.
Also in this issue: stories on employee terminations, agentic AI, technological patents, and digital deception. And remember— this issue represents just a small sample of the content we publish every day on todaysgeneralcounsel.com. Be sure to follow us on LinkedIn and X for the latest updates.
Thank you for reading!
Amanda Kaiser Editor-in-Chief
8 How GCs Can Leverage Legal Expertise to Create Strategic Value for the C-Suite
By Robert Bird
Legal departments are often overlooked as drivers of strategic value creation. Learn how to leverage legal knowledge into a strategic advantage.
10 Coherent CLO Rob Beard Talks Legal Leadership, Economic Headwinds
Rob Beard Chief Legal and Global Affairs Officer Coherent Corp
Read this exclusive interview in which Coherent Chief Legal and Global Affairs Officer Rob Beard talks about legal leadership and navigating the uncertainty surrounding the tariff situation.
14 AI Is Changing Law—How Should GCs Prepare Junior Lawyers to Lead?
By Noga Rosenthal
In the age of AI, junior lawyers are no longer spending time immersed in the building blocks of legal practice. Read why this isn’t just a training issue. It is a leadership pipeline issue.
COLUMN DECODING LEGAL TECH WITH SEAN HECK
16 Agentic AI in Legal: Could It Replace General Counsel
By Sean Heck
The emergence of agentic AI in legal has sparked both excitement and apprehension among legal professionals. Could the GC role become obsolete?
SPONSORED Presented by LITIGATION
12 The AI Era: Unmasking Digital Deception with iDS
18
COLUMN EMPLOYMENT LAW IN FOCUS
18 Is Your Employee the Perfect Plaintiff in a Termination Case?
By Leah Stiegler and Anne Bibeau
Learn what makes an employee a model plaintiff in a termination case and how to mitigate risks for your organization.
INTELLECTUAL PROPERTY
20 Not Every AI-Driven Product is Sacred Enough for a Patent
By Andy Smith
You might think that every AI-driven product is worth patenting, but that is not the case. Learn more about why.
In a legal landscape increasingly shaped by artificial intelligence (AI), deepfakes, and drag-and-drop editing tools, one truth remains: digital deception leaves a trail.
Truth is in the details .
Behind every dispute, breach, or investigation, there’s a story. Our job is to find it—quickly, clearly, and without compromise.
At iDS, we don’t deal in guesswork. We deal in facts—digital and structured ones—the kind that can sway a courtroom or steady a boardroom.
We’re not just technologists or consultants. We’re Testifying Experts, Investigators, and Strategic Partners who understand the weight of getting it right.
Our process is proven, our tools are built in-house, and our team is the one people call when the stakes are too high to call anyone else.
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How GCs Can Leverage Legal Expertise to Create Strategic Value for the C-Suite
By ROBERT BIRD
General counsel play a critical role in protecting a company’s value, yet the legal departments they lead are often overlooked as drivers of strategic value creation. We know that general counsel can strengthen corporate governance, reduce credit risk, and prevent insider trading Meanwhile, corporate areas under their oversight—from document management systems to portfolio compliance—can be transformed into strategic assets. General counsel can embed legal insight into core business strategy, serving not just as guardians of risk, but also as trusted advisors of the C-suite.
THE STRATEGIC VALUE OF A COMPETITIVE ADVANTAGE
Traditionally identified in the domain of management, Michael Porter defines strategy as deliberately choosing a different set of activities that deliver a unique mix of value to the marketplace. Some refer to the “holy grail” of strategy as achieving a sustainable competitive advantage—a lasting edge that allows a company to outperform its competitors in a specific area of its operations. Most importantly, these capabilities and resources cannot be easily matched by competitors, enabling the competitive advantage to remain while competitors struggle to catch up.
Legal expertise can serve as a sustainable competitive advantage, enabling firms to unlock and capture value that might otherwise be overlooked. A sustainable competitive advantage from legal knowledge requires both executives and legal experts to collaborate closely together on important business decisions.
Close and trusting relationships between general counsel and other C-suite executives facilitate optimal decision-making so firms can take more efficient risks and lower the risk of legal liability. Conversely, executives that tell counsel to “stay in their lane,” leave significant value on the table, manage risks less effectively, and reduce the chance for close partnerships to grow.
PATHWAYS TO STRATEGIC VALUE
Fulfilling the promise of strategic value from legal knowledge does not happen overnight. General counsel and other legal professionals must honestly evaluate the organization’s current attitude toward legal knowledge and take clear, proactive steps to transform the legal function into a vital strategic asset. This generally requires four key steps to make this competitive advantage a reality.
1
Secure buy-in from top management: The CEO and other key executives must be supportive of embedding legal knowledge as a central and strategic asset to the organization. This includes not only expressive support but also allocation of budget and resources to get the job done. Empowered by top management, general counsel and their allies must dismantle any law-avoidant incentives in the organization and rewrite rules to mandate compliant conduct. Eliminating attitudes that legal mandates are merely optional is a necessary precondition to ensure the company maintains minimum compliance with the law.
2
Establish processes and policies: Once buy-in is established and incentives toward rule-breaking are removed, general counsel must implement processes and policies that encourage compliant conduct. This requires building a standards-based approach to rules where all employees recognize what is expected of them and can consult objective and transparent standards from which to benchmark their conduct. A wellorganized and accountable regulatory system supports these standards, ensuring they are effectively communicated and implemented across all relevant stakeholders. This bureaucracy also enables legal requirements to be integrated into organizational policies, enabling employees to appreciate not only what is illegal, but also understand how compliant conduct applies to day-to-day business realities.
3
Promote access and cooperation: With well-defined mandates supported by clear and accessible company policies, general counsel
can promote collaboration and open communication between legal experts and the firm’s managers. Legal experts should be included in the early stages of key decision-making processes to avoid last-minute objections by counsel. This access also includes building cooperation between legal experts and managers so that there is mutual appreciation for each other’s role and perspective in the decision-making process. Managers learn that legal experts have an important risk-mitigating function, and legal
Legal knowledge is one of the last great sources of untapped competitive advantage in organizations.
experts embrace ways to solve business problems instead of reflexively rejecting them on legal grounds. This creates trust and cooperation that is essential for strategic value to thrive.
4
Develop culture and mindset:
After buy-in is in place, clear policies are implemented, and law-business partnerships established, the final step is to establish a culture and mentality that embrace law as a strategic asset. Management guru Peter Drucker once said that “culture eats strategy for breakfast,” and building a consensus-based, clearly defined, and durable legal culture is essential for legal strategy to thrive. This culture recognizes legal knowledge as a co-equal function with other business domains, and values that knowledge as a source of
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strategic value. This culture is deeply ingrained enough to be sustainable over time and resilient in the face of economic, political, and other disruptions that could challenge the organization’s values. In this way, legal experts become full strategic partners, and contribute ideas and solutions that generate value for the firm in ways that rivals cannot easily match.
General counsel are the keepers of legal knowledge in the firm. General counsel who strategically deploy that knowledge can manage legal risks more effectively, better prevent misconduct before it happens, and outflank rivals when legal changes create new opportunities. Legal knowledge is one of the last great sources of untapped competitive advantage in organizations. General counsel who skillfully combine law and strategy unlock a storehouse of value creation that is easily overlooked by others.
Robert Bird is a Professor of Business Law and the Eversource Energy Chair in Business Ethics at the University of Connecticut. Among other topics, Bird studies legal strategy, compliance, and the role of legal experts in organizations. His book, “Legal Knowledge in Organizations: A Source of Strategic and Competitive Advantage” was published in 2025 by Cambridge University Press.
Coherent CLO Rob Beard Talks Legal Leadership, Economic Headwinds
In this exclusive interview, Coherent Chief Legal and Global Affairs Officer Rob Beard talks about legal leadership and navigating the uncertainty surrounding the tariff situation.
You’ve worked in a variety of different environments, from a law firm to a major credit card company to a semiconductor manufacturer. What is the common thread in how you’ve approached legal leadership across such different industries?
Rob Beard: Yeah, that’s a good question. I think for me, what we’re trying to do, no matter where we are, is trying to be sort of a partner to the business. What I’m always trying to do with the legal team is to create an organization that shapes, enables, and drives strategy at the company. So a team that’s able to shape strategy, a team that’s able to enable strategy to help the business achieve its strategic goals. Then it has to drive the strategy, which for me is different than enabling. Driving is sort of evangelizing the strategy.
It’s really helping lead the company through whatever happens and sort of relying on that strategy to take you through. And I think a legal organization has a unique ability to do all of the things. The legal team can really help the company stay grounded.
Obviously, we’re hearing a lot of talk about economic headwinds, persistent inflation, tariffs, supply chain instability, all this geopolitical risk. What do you think legal teams can do to navigate that legal and operational uncertainty in this environment?
Rob Beard: A good legal organization is led by someone or led by people who have the ability to see around the corners and understand what’s happening in the world, anticipate the company’s needs, and get the company ahead of what’s going on.
Rob Beard is the Chief Legal and Global Affairs Officer at the materials, networking, and lasers company Coherent Corp. He has more than 20 years of senior international experience across business, policy, and legal. Before joining Coherent, Beard was the Chief Legal and Global Affairs Officer at Mastercard, and spent nearly a decade at semiconductor company Micron Technology.
I’ll take tariffs for example. If you are a seller, when you’re selling to customers right now, Incoterms [International Commerce Terms] really matter, right? People didn’t think about much about Incoterms until a few months ago. They weren’t spoken about in CEO staff meetings or board meetings much. But whether you’re delivering something DDP [Delivered Duty Paid] or DAP [Delivered at Place] really does matter now.
So being able to help the company understand that if you agree to a DDP term, this is what it means down the line. And if our customer wants a DDP term today, what are they really trying to achieve? And is there a way for us to give a DDP term without giving up this, without sort of accepting the risk of tariffs, for example?
And so one of the things we talked about here was what does DDP actually mean? Does it mean our customers are expecting us to bear the cost of the tariff? Does it really mean that our customers are looking for somebody to be the employer of record and deal with all of that stuff? Could we pass the cost of the tariff onto them—take a DDP term and really turn it into something different, which is a modified DDP where it’s DDP, but
they’re actually willing to or contractually obligated to bear the cost impact of a new tariff beyond the baseline or something.
Another big one, again on tariffs, is on the supply side. We started thinking about what an environment could look like where tariffs become an important policy tool. What is our standard? What do we pay in terms of tariffs on the supply side and what’s our standard form look like? How often do we adhere to the standard form? Doing that work ahead of time, so that when things start to happen, you’ve already done the work, you have a playbook you can go out and execute.
On a related note, in today’s environment where uncertainty is really high and resources are tight, how do you see the legal department contributing to broader business objectives while still fulfilling its core risk mitigation role? And what role do data and analytics play in striking that balance?
Rob Beard: I guess if you don’t mind, I’ll very nicely quibble with you on one point there. I don’t really view legal as having a risk mitigation role. I expect my lawyers or the people that work in our organization to be business leaders first. People who are business leaders who look at the world through a different lens. We have a lens that we are given either at birth, or it’s ingrained in us by going through law school and all of our training. We look at the world a certain way—we bring certain experience to every business objective.
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counsel, get advice from them and bring it back to the company. That’s one way to do it. The other way is you sort of build up expertise within your own team so that you can do more and you never really need to go out. But I don’t think very many companies have the luxury of having such a great strong and healthy legal team that they never have to go to outside counsel. When I was chief legal officer of Mastercard, I had over a thousand people in the organization and we still relied on outside counsel all the time.
A good legal organization is led by someone or led by people who have the ability to see around the corners and understand what’s happening in the world, anticipate the company’s needs, and get the company ahead of what’s going on.
And for me, it’s not like I’m not trying to necessarily mitigate or eliminate risk. What I want to do is I want to help the business understand how to achieve its objective in the smartest way possible. That’s the goal for me—operating the business in a sustainable way, in a long-term sort of shareholder value driving sort of way.
When you build an in-house legal team, you’re trying to provide that legal advice or that business advice or the legal lens to the company. And there are different ways you can do that. One way is you could hire some people internally who interface with the business and then have good outside counsel relationships, run to the outside
The challenge when you go to outside counsel is you go to outside counsel on a question, you get an answer, you provide that advice back to the business, but your team and your company does not grow at all, right? You get advice, you execute on the advice and you repeat over and over again. Whereas if you’re able to take the knowledge of doing work and institutionalize it somehow in some way, you’re able to create the knowledge base within the company.
You then grow your team, your team’s knowledge and experience and ability to execute. And then if you’re really good, you can scale that in the business. And the more repeatable things are, you can give that legal advice and then turn that legal advice into a set of operating procedures that the business can operate within where they never have to talk to legal at all, right? I think that is how you can turn a legal team from a group of people that can go get advice and bring it back to the business, to a group of people that can really help the business operate in that long-term sustainable way that drives long-term shareholder value.
Click here to read part two of the interview on M&A and advice for young lawyers on todaysgeneralcounsel.com.
The AI Era: Unmasking Digital Deception with iDS
Presented by
In a legal landscape increasingly shaped by artificial intelligence (AI), deepfakes , and dragand-drop editing tools, one truth remains: digital deception leaves a trail. At iDS, we help uncover that trail. As digital forensics specialists, we work alongside attorneys and their clients to analyze, authenticate, and in many cases, challenge the integrity of electronic evidence.
Our work in Laba v. JBO Worldwide Supply Pty Ltd is just one example of how we expose tampering, how
impactful our testimony can be on case outcomes, and demonstrates the legal implications of forged digital documents.
WE PROVED THE FORGERY. THE COURT ISSUED
SANCTIONS
In Laba v. JBO , the plaintiff presented what he claimed was a signed contract entitling him to a sizable finder’s fee. Counter to that claim, JBO’s managing director denied ever signing the document. Our team at
iDS was brought in to determine the truth. We conducted a forensic analysis of the PDF file and found clear evidence that the signature had in fact been digitally inserted. The metadata didn’t match. The internal structure of the file told a different story than the plaintiff’s narrative. Our findings were instrumental. The court concluded the signature was not just questionable, but that it was a fabrication. The judge labeled the forgery “clear and convincing” and issued over $190,000 in
sanctions against the plaintiff and his legal team. This case serves as a warning to those who think AI and editing tools can cover their tracks, and as a signal to legal professionals that digital forensics is no longer optional.
From emails and PDFs, to text messages, social media chats, contracts, bank statements, trademark applications, patent documents, and estate planning records, iDS has a proven track record of detecting forged and manipulated evidence across formats.
WE PROTECT WHAT YOU’VE BUILT
iDS isn’t only brought in after the damage is done. We partner with organizations to implement proactive digital governance. That includes establishing audit trails, monitoring data access, and flagging anomalies, especially during sensitive periods like employee transitions or mergers. Our systems help you see who accessed what, when, and from where. We intercept exfiltration attempts before proprietary information walks out the door. It’s not about surveillance. It’s about evidence—defensible, timestamped, and actionable.
It’s not always about forged contracts. Sometimes it’s about spotting inconsistencies buried in day-to-day systems.
iDS LOOKS BEYOND THE SURFACE
This kind of cross-source validation is where digital forensics proves its real value, particularly in high-stakes legal disputes, internal investigations, and employment matters. Detecting a doctored signature is one thing. Proving a pattern of
deception is another. At iDS, we go beyond surface-level analysis. We correlate multiple sources of data: email records, mobile device locations, access logs, CRM entries, and calendar invites to reveal the full picture.
Let’s say a former employee claims they traveled cross-country for client meetings. On the surface, their calendar entries and CRM notes support their claim. But when
This case serves as a warning to those who think AI and editing tools can cover their tracks, and as a signal to legal professionals that digital forensics is no longer optional.
we correlate that data with mobile phone location history, building access logs, and expense records, the story unravels. No flights. No badge swipes. No supporting data. The meetings didn’t happen.
This kind of cross-source validation is where digital forensics proves its real value, particularly in high-stakes legal disputes, internal investigations, and employment matters.
THE iDS ADVANTAGE: BUILT FOR THE LEGAL WORLD
At iDS, we bridge the gap between highly technical forensic work and the needs of legal professionals. We don’t just deliver reports; we deliver clarity. Our team understands
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litigation, regulatory expectations, and the standards of admissibility. Our experts support your team from early case assessment through trial.
Unlike traditional digital forensics consultants, iDS operates as both investigator and courtroom translator. Our subject matter experts are trained not only to identify fraud, but to explain it clearly under oath, an ability that proved decisive in Laba v. JBO.
WHY THIS MATTERS NOW
As AI becomes more accessible, the barriers to forgery drop. Anyone with the right software can fabricate a document, alter a chat log, or insert a signature. But they can’t erase metadata. They can’t fully align timestamps across platforms. And they can’t outsmart a team trained to find what others try to hide.
In today’s legal environment, ignoring digital forensics means leaving your case, and your client, vulnerable.
At iDS, we don’t speculate. We investigate. And we prove our findings. With offices across the U.S. and London, and clients worldwide, iDS delivers end-to-end expertise in digital forensics, eDiscovery, data strategy, and expert testimony. Visit iDSinc.com to learn how we can support your litigation, compliance, or internal risk strategy. When digital deception threatens the truth, we help you fight back, with facts.
AI Is Changing Law—How Should GCs Prepare Junior Lawyers to Lead?
By NOGA ROSENTHAL
In my years of practicing law, I’ve seen the traditional path to becoming a great attorney start with the same humble beginnings: slogging through document review, redlining contracts and reviewing hundreds of contracts during an M&A due diligence review. It was never glamorous, but it was essential to learn about different contracts. This type of work trained junior lawyers to spot nuance, recognize patterns, and develop judgment, the kind of judgment that can’t be easily taught in law school classrooms.
Today, that path is changing.
How do general counsel grow the next generation of senior lawyers and trusted advisors if junior lawyers no longer spend time immersed in the building blocks of legal practice?
AI tools are now capable of doing much of the entry-level work that
once served as the foundation of a junior attorney’s training. Tools can summarize contracts in seconds, suggest redlines to agreements, and even generate first drafts of policy documents for employee handbooks. These are remarkable advancements that save time and money, increase consistency, and improve overall efficiency. But they also leave me uneasy.
How do general counsel grow the next generation of senior lawyers and trusted advisors if junior lawyers no longer spend time immersed in the building blocks of legal practice? Who are we preparing to lead when the routine work that once taught them to think like lawyers is now becoming more automated?
This isn’t just a training issue. It is a leadership pipeline issue.
What can general counsel and other senior attorneys do?
We need to start thinking about junior lawyers as future strategic thinkers. That means reshaping their training in ways that align with how the legal profession is evolving.
Here are five ways to do that:
1
Leverage AI for skill development: AI can be used in training. For instance, junior associates can
use AI to conduct virtual negotiations with the AI providing real-time feedback on tone and strategy. AI drafting tools can suggest alternative clauses in an agreement, and a junior attorney can learn from AI tools the explanations behind those changes. AI can pose questions to the junior attorney about a client’s intent or pose hypotheticals, helping foster a deeper understanding of contract negotiations.
2 Teach them to critique AI output, not just use it: Junior lawyers (and their bosses) should not blindly rely on AI. We need to train them to validate, question, and improve AI-generated summaries, contracts, and analysis. They will learn faster by understanding what is missing or why a nuance was overlooked.
3 Move junior attorneys upstream: We should also bring junior attorneys to participate in strategy meetings, client calls, or deal planning sessions. Give them context. The earlier they hear how experienced lawyers think, the faster they will develop that skill themselves.
4
Shift focus to judgment, not volume: Encourage juniors to
explore regulatory trends, ethical implications of tech adoption, or risk management strategies. Give them problems to solve, not just documents to process.
5
Be transparent: I know that junior and even mid-level attorneys feel anxious about AI taking their jobs. It’s up to general counsel to address this anxiety by being transparent and clearly outlining new development pathways. The last thing a general counsel wants is their employees resisting AI adoption. The best approach to training is including not only what skills are taught but also how these changes are communicated. General counsel need to explain to junior attorneys how new, AI-augmented roles are opportunities for growth and highervalue contribution.
6
Build emotional intelligence (EQ) and client relationship management skills: General counsel should also foster or build their junior attorney’s emotional intelligence. This includes building trust with colleagues or clients, demonstrating empathy, and creating genuine connections with clients, opposing counsel, and internal stakeholders. This cannot be replicated by AI.
As general counsel, we know we have to embrace AI. But we can do so without sacrificing the future of our profession by being intentional. Replacing routine legal work with technology does not eliminate the need for junior attorneys. It just changes what we need to teach them.
The future lawyer will be a strategic, ethical, AI-augmented advisor. General counsel who lead this
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evolution will not only enhance their department’s capabilities but also shape the future of the legal profession. The legal leaders of tomorrow will still come from today’s entry-level attorneys. That will only happen if general counsel train them with purpose, not just productivity in mind.
Noga Rosenthal is a seasoned privacy compliance and data ethics professional specializing in the technology sector. She has developed and managed global privacy programs for companies such as Xaxis, Epsilon and Ampersand. Rosenthal serves as a trustee for the Practicing Law Institute and an adjunct professor at Fordham Law School. LinkedIn profile.
DECODING LEGAL TECH WITH SEAN HECK
Agentic AI in Legal: Could It Replace General Counsel?
By SEAN HECK
What began as a quiet question has grown louder with time and increased exposure: Will agentic AI in legal—with its ability to act autonomously and make intelligent decisions—replace the role of general counsel? Could the role become obsolete?
The emergence of sophisticated artificial intelligence tools capable of tasks like automated contract review, intelligent legal research, and even initial document drafting, has sparked both excitement and apprehension among legal professionals. Will agentic AI replace general counsel? Let’s consider the question.
A FEELING OF FOREBODING
The capacity for artificial intelligence to perform various duties is remarkable. It can not only identify problematic clauses in contracts with remarkable accuracy but also suggest and implement pre-approved revisions. It can field complex legal operations questions, generate draft language for specific contract types, and even summarize lengthy legal documents in mere moments. The results of these advancements are powerful to say the least, which leads to the question: where does the human lawyer, and specifically the general counsel, fit into this equation anymore?
Broader anxieties surrounding technological displacement are nothing new. We’ve all seen sci-fi movies, and we’ve all had conversations about various generative AI platforms making us dependent. However, the sophistication of legal AI—especially with its agentic capabilities—feels… different . Law and legal operations have always been deeply human endeavors. This makes it all the more chilling to envision a future where routine legal tasks are managed entirely by intelligent algorithms, leaving the strategic oversight, nuanced judgment, and human touch of general counsel in the dust.
However, to fear that agentic AI is a replacement for general counsel is short sighted.
A SHORT-SIGHTED FEAR: THE TRUE ROLE OF GCS
To view agentic AI as an imminent replacement for general counsel means underestimating the role of general counsel and overestimating the capabilities of even the most advanced artificial intelligence engine Sure, AI excels at processing data, identifying patterns, and automating repetitive tasks for the benefit of human resources. But the core responsibilities of general counsel extend far beyond those aspects. General counsel are:
• Strategic Leaders: General counsel are not merely legal technicians. They are direct advisors to C-suite leadership on matters such as legal risks, opportunities, and the intersection of the law and overall business strategy. The role requires a deep understanding of the individual company’s goals, specific industry dynamics, and the broader human political and economic landscapes. Presently, no AI systems can replicate this expertise.
• Ethical Guides: As mentioned before, legal counsel has always been linked to human experience. As such, general counsel are inherently connected to ethical considerations. Human judgment, empathy, and morals are required for navigating ethical dilemmas, interpreting the spirit of law, and ensuring that an organization operates with integrity. While programmed with rules, AI cannot truly grapple with the nuances of the human experience, ethics, and morals.
• Human Beings: General counsel are responsible for building and maintaining crucial relationships, such as with internal stakeholders, external legal partners, regulatory bodies, and even opposing general counsel. AI could not possibly replicate nuanced communication, rapport, or the art of back-and-forth communication and collaboration.
Rather than succumbing to fears of an “AI invasion,” general counsel should embrace agentic AI as a means to enhance and empower their existing skills.
• Problem Solvers: Things happen. The legal landscape is constantly evolving. Novel challenges and unforeseen circumstances arise all the time. General counsel are adept at combining fundamental legal principles with the human experience to navigate unique situations, exercising critical thinking and sound judgment in the face of ambiguity. AI is simply trained on existing data. The technology struggles with navigating truly unforeseen circumstances that fall outside of the purview of its training and parameters.
A NEW ERA WITH AGENTIC AI
It’s hard to keep track of everything that sets general counsel apart from agentic AI. Rather than succumbing to fears of an “AI invasion,” general
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counsel should embrace agentic AI as a means to enhance and empower their existing skills. These tools can be used to automate time-consuming tasks, freeing up legal teams to focus on higher-level, inherently human strategic initiatives. Consider, for example, the use of agentic AI to handle the initial stages of contract review. Doing so allows legal experts to concentrate on negotiations and bespoke clauses that truly require their expertise and nuanced input. The future of the legal profession, and the role of general counsel within it, is not a future of replacement, but rather a future of strategic integration of two forces. Agentic AI offers the potential to augment human capabilities, enhance efficiency, and mitigate risks—not replicate critical thinking, ethical judgment, and nuanced understanding of business and human elements that define the indispensable role of general counsel.
This “invasion” is not a hostile takeover. Agentic AI is a new ally ready to work alongside human expertise and forge a more positive and transformative legal future.
Sean Heck is the Content Marketing Manager at CobbleStone Software. As an expert in contract lifecycle management software, Heck provides leading best practices, use cases, and thought leadership about the technology. He can be reached at s.heck@cobblestonesoftware.com
Is Your Employee the Perfect Plaintiff in a Termination Case?
By LEAH STIEGLER AND ANNE BIBEAU
Should we be most concerned about a strong performer in a termination case? “All my clients are excellent performers,” as one of our adversaries—wait we mean dear colleagues— put it. “Performance is subjective.”
It’s not a flawed argument. In fact, his position was that an employee’s performance is irrelevant to whether he takes their case because he can almost always make arguments that will enable a jury to decide that the employee was a reasonable fact finder.
For instance, if the employee had a long tenure, someone obviously thought they were worthy of staying there. If the employee had mediocre performance reviews, maybe a manager was exceedingly tough on them because of their protected class. If the employee failed to meet deadlines or was frequently tardy, perhaps it was because of a hostile environment.
Now, don’t get us wrong. When advising a client of litigation risks at termination, we absolutely consider an employee’s performance and any supporting documentation. We want to know our odds of coming out on the other side of these (sometimes tenuous) arguments by plaintiff’s lawyers. And it’s no secret that if you’re terminating an employee for
poor performance, but their annual reviews and all other correspondence from managers show nothing but accolades, you have a steep and expensive journey ahead of you.
WHAT MAKES AN EMPLOYEE THE PERFECT PLAINTIFF?
It’s important to look out for strong evidence of protected activity. If an employee engages in protected activity, such as reporting harassment, complaining about wages, or requesting accommodations, and then they face an adverse action shortly after, they are a plaintiff’s lawyer’s dream.
A well-organized, likeable employee will make a good witness, not to mention they’ll probably have some of your employees testifying on their behalf.
Most courts apply a presumption that if an employee is fired or disciplined within four months of engaging in a legally protected
activity, it raises a factual question for the jury as to whether the employer’s actions were driven by retaliatory intent. If a plaintiff’s lawyer knows the employee’s claims will survive summary judgment and get in front of a jury, that’s significant leverage alone. A reasonable settlement will often be more cost-effective than defense costs through trial.
Protected activity is also a fairly broad term, making it a critical factor to consider when evaluating litigation risks. Nearly every state and federal employment law includes protections from retaliation. Many states now have whistleblower laws that protect an employee from retaliation for raising, in good faith, what they believe is a violation of law in the workplace.
DO “SOFT SKILLS” MATTER?
Absolutely. A well-organized, likeable employee will make a good witness, not to mention they’ll probably have some of your employees testifying on their behalf. Even if they haven’t yet won the hearts of those on the witness stand, when other employees see news alerts or learn of the litigation, they will at least question whether the company did something wrong.
No lawyer can predict whether you’ll face a lawsuit, nor can they
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prevent it from happening. A good lawyer, though, is asking the right questions—getting to know the employee’s situation and personality, and foreshadowing how witnesses or documents could look to a jury to help the client analyze litigation risks. Don’t be too much of a “believer” in your own case. Review the situation objectively, consider business factors such as defense costs, and weigh the benefits of an attractive severance agreement.
By taking a few extra moments to assess whether a departing employee has characteristics that could make them an ideal plaintiff, such as a history of raising complaints, associations in different protected classes, or the potential for significant damages, legal departments and HR teams can spot risks before they escalate.
Careful evaluation at the termination stage not only helps organizations make more informed decisions but also strengthens their ability to defend those decisions if challenged. In today’s environment, where even routine employment actions can lead
to costly and disruptive litigation, proactive risk assessment isn’t just prudent, it’s essential.
advise company leaders and their human resources departments on compliance with employment laws. Woods Rogers hosts the biweekly video series “What’s the
Leah M. Stiegler and Anne Bibeau are principals in the Labor & Employment practice at Woods Rogers in Virginia. They
Tea in L&E,” available on YouTube
Not Every AI-Driven Product is Sacred Enough for a Patent
By ANDY SMITH
Inoticed something peculiar while watching an NBA playoff game with my son recently. Nearly every advertisement extolled the virtues of the latest AI-driven product, or a sports-betting app. It occurred to me that anyone watching sports these days—at least those who aren’t sucked in by the untold riches of a parlay wager—must think that all AI-related products are valuable and worth patenting.
I assure you, they are not. While your legal department should make all efforts to protect
its business and the innovations that set it apart in the market, AI-related inventions require special considerations to effectively leverage these valuable assets.
1Avoid “Black-Box” AI Inventions
As AI becomes more integrated with other technologies, it is crucial to recognize its role in each invention disclosure you review. While enlisting the help of AI technologies may be essential to the success of a product, inventions that only claim known AI techniques to new
or different data environments are not patentable, according to the U.S. Patent & Trademark Office
To avoid this issue, it is important to consider exactly how the AI-specific parts of an invention disclosure contribute to the invention, not merely that the invention includes AI-driven aspects. If the AI is simply leveraging known platforms (e.g., OpenAI, Azure, AWS) to your data, the AI aspect of the invention is probably not an adequate basis for patentability. The invention must either improve the AI model itself
or show how its application solves a technical problem in another field (e.g., cybersecurity, medical imaging).
2 Understand Complex AI Technologies
AI technologies are inherently complex, involving intricate algorithms, machine learning models, and vast datasets. This complexity poses significant challenges in understanding and accurately describing the inventions in patent applications. Close cooperation with your patent counsel and other technical experts is essential to ensure that the patent claims are comprehensive and precise, capturing the full scope of the innovation.
Close cooperation with your patent counsel and other technical experts is essential to ensure that the patent claims are comprehensive and precise, capturing the full scope of the innovation.
3 Study the AI Patent Landscape
The number of patent filings for AI-related inventions continues to grow. What is cutting-edge today may become obsolete tomorrow. This rapid evolution makes it challenging to draft patent applications that remain relevant and valuable over time. Understanding your business goals with strategic foresight and continuous monitoring of
patents and patent filings in related businesses may help avoid infringement and identify opportunities for monetization.
4
Value Your AI-Related IP Carefully
Determining the value of AI innovations is another significant challenge. Traditional patent valuation methods may not fully capture the potential of AI technologies, which can have broad and transformative impacts across your business. Valuation models must be tailored to the unique attributes of AI, such as its scalability, adaptability, and potential for integration with other technologies and data sets. Accurate valuation is crucial for negotiating licensing deals and attracting potential buyers or investors.
5 Consider Ethical and Regulatory AI Limitations
AI technologies often raise ethical and regulatory concerns, including potential bias, privacy, and accountability violations. Potential licensees or buyers may be wary of your AI products’ legal and reputational risks. You can proactively address these concerns by ensuring that your AI technologies comply with relevant regulations and ethical standards for each jurisdiction in which a patent is sought. Timely and thorough audits and implementing robust governance frameworks are essential for successful AI deployment.
6 Collaborate Among CrossDisciplinary Experts
Successfully monetizing AI patents requires collaboration between legal, technical, and business teams. Legal departments must foster strong relationships with AI researchers,
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engineers, and business strategists to develop a comprehensive understanding of the technology and its market potential. A cross-disciplinary approach to identify monetization opportunities, draft robust patent applications, and negotiate favorable deals will maximize your return on AI innovations.
CONCLUSION
Monetizing patents that incorporate AI technologies presents a unique set of challenges. Legal teams should adopt a multifaceted and proactive approach to navigate AI’s technical, legal, and regulatory complexities. By leveraging cross-disciplinary expertise and staying abreast of technological and legal developments, your team can unlock the full potential of your AI innovations and make your next parlay in AI innovation a sure bet.
Andy Smith is a patent attorney at Marshall, Gerstein & Borun LLP, a Chicago-based intellectual property law firm. He may be reached at asmith@ marshallip.com.
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