To the Extent That...

The entertainment industry in the US, with revenues in 2022 of about 8.5 billion dollars, is only three hundredths of one percent of the 23.3 trillion dollar US economy. However, entertainment is far more important to society as a whole than the industry's financials might suggest. In 2022 when large language models like OpenAI's ChatGPT and Google's Gemini began to show signs of prodigious capabilities in the entertainment domain, studios began to experiment with using AI in lieu of actors and writers. In response to the refusal by the studios to negotiate guardrails for the use of AI, the unions representing the writers and actors went out on strike and forced negotiations. The agreements concerning the status of generative AI that were instrumental in settling the strikes are a tremendously important step in establishing governance of AI in operational practice, at least for one industry. These agreements may hold important lessons for other industries. We are fortunate to have as our guest for this episode Louise Nemschoff, who practices entertainment and copyright law in Los Angeles. She represents a wide variety of parties in both domestic and international transactions.

AI is increasingly viewed as a potential co-creator of text, images, videos, music, and audio. However, in March of 2023 the US Copyright Office expressed the view that ‘copyright can protect only material that is the product of human creativity.' In this episode Claudia Ray, a partner in the New York office of Kirkland & Ellis, a major law firm with a distinguished IP practice, discusses the important questions of intellectual property raised by the newly emerging artificial intelligence technologies, particularly large language models like OpenAI's ChatGPT and Google's Bard.

The debtor, a real estate contractor and developer, failed to cooperate with the chapter 7 trustee and engaged in aggressive tactics including suing the first judge presiding over the case leading to her recusal. In addition to the typical Bad Boys of Bankruptcy content, the panel explored the standards and ethical considerations surrounding judicial recusal, including the process for sua sponte recusal, the risks of seeking disqualification, and the related ethical rules. In addition to host Judge Gunn the panel included Judge Frank Bailey (ret.), Raychelle Ann Tasher, Ass't U.S. Attorney (SD Fla.), with a special appearance by Judge Melvin Hoffman (ret.).

Ponzi schemes have persisted around the world even before the eponymous investment scheme of Charles Ponzi in the early 1920s. This case concerns a Ponzi scheme based on the purported sale of music that nobody really wanted, which was engineered by Ukrainian-American Volodimyr Pigida and his wife, Marinia Bondarenko. The scheme resulted in roughly $22 million in fraudulent proceeds. Pigida was ultimately convicted of 26 counts in a federal indictment, including conspiracy, wire fraud, mail fraud, and bankruptcy fraud, and was sentenced to 14 years in prison. In this episode, Judge Gunn discusses the bankruptcy case filed by Trend Sound Promoter, the company the couple used to perpetrate their fraudulent scheme, with attorneys Mark Stern and Rory C. Livesey. Issues discussed include how language barriers presented issues in the bankruptcy proceedings, how the trustee located assets to liquidate for the benefit of creditors (including victims of the scheme), and how the owners of Trend Sound Promoter were ultimately brought to justice.

Host Gary J. Ross speaks with Christopher Mirabile of Launchpad Venture Group about key legal terms in angel investing. Christopher, who is Chair Emeritus of both the SEC's Investor Advisory Committee and the Angel Capital Association, as well as the co-founder of Serif Investor, offers a candid take on what matters most to angel investors, with a focus on pro rata rights and information rights. Christopher also discusses concerns with convertible notes and SAFEs, the importance of clear subscription instructions from company counsel, and how to balance protecting investor interests with giving founders the flexibility they need to lead.

Host Gary J. Ross discusses the potential benefits of incorporating in Nevada (and the correct pronunciation of the Silver State) with Rew Goodenow, a shareholder at Parsons Behle & Latimer in Reno, Nevada. Gary and Rew explore why more businesses are choosing to incorporate in Nevada. Rew highlights Nevada's long-standing pro-business legal framework, tracing its evolution from 19th-century mining to gaming powerhouse to modern corporate law. Nevada's beneficial business judgement rule, strong privacy practices, and simple filing process, all of which have made Nevada desirable, are also discussed.

In Episode 5, host Jordan L. Fischer, Esq. interviews Professor of Law, Nancy B. Rapoport, and Joseph Tiano, CEO of Legal Decoder, on the long term impact of Artificial Intelligence, and specifically Generative AI, on the billable hourly model. Nancy and Joe share their perspectives having interviewed numerous law firms for their recent publication, Fighting the Hypothetical: Why Law Firms Should Rethink the Billable Hour in the Generative AI Era, 20 Wash. J. L. Tech. & Arts 41 (2025). Specifically, they discuss the specific ways in which they are seeing Gen AI change day-to-day legal operations, and how those impacts will result in changes to client billing expectations. Nancy and Joe provide insight into alternative billing models, and a new hybrid approach that law firms need to embrace in order to adapt to the changing times. For more information on Professor Rapoport, visit: https://www.linkedin.com/in/nancyrapoport/; for more information on Joesph Tiano, visit: https://www.linkedin.com/in/joseph-tiano-1767372/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

This episode of the ABA-funded podcast, "Mind the Gap: Dialogs on Artificial Intelligence" was recorded at a Continuing Legal Education session. Our subject is, "The Intersection of Cybersecurity and Artificial Intelligence." Our two guests, Candace Jones and Jon Garon, are distinguished lawyers. Candace Jones retired recently from the Federal Reserve Bank of New York. Previously she was a partner at a large law firm in Cleveland and is a former Chair of the ABA Section of Business Law's Cyberspace Law Committee. She is now a member of the ABA Cybersecurity Legal Task Force. Jon Garon is Professor of Law, Nova Southeastern University Shepard Broad College of Law and is the current Chair of the ABA Section of Business Law's Cyberspace Law Committee. Both Candace and Jon have written extensively on artificial intelligence and cybersecurity. Some of their writings are included in the materials for this program and will be linked in the podcast web page about this episode.

Host Jordan L. Fischer talks to Monique Priestley about her career progression from an IT professional into a Vermont state representative and the technology issues surrounding her advocacy for data privacy and age appropriate software design.

In this special public service episode, Judge Elizabeth Gunn is joined by Rebecca A. Earl and Dana McWay to explore a growing and often overlooked corner of bankruptcy fraud: the exploitation of unclaimed funds. With over half a billion dollars currently held in unclaimed distributions, the system has become a target for fraudsters employing everything from falsified assignments to identity theft and wire fraud to steal from legitimate creditors. The episode unpacks the legitimate process for recovering unclaimed funds and how bad actors have learned to exploit it. From fund locators—some legitimate, some not—to individuals impersonating creditors or creating companies with identical names to the true payees, the guests reveal just how elaborate these schemes have become. This cautionary tale doesn't follow one fraudster—it shines a spotlight on a systemic vulnerability, offering insight into what courts and clerks are doing to protect the system. Tune in to hear how the courts are fighting back against this wave of bankruptcy fraud.

Host Professor J.W. Verret interviews Pete Tomczak, global head of investigations at Baker McKenzie, about the current state of Foreign Corrupt Practices Act practice in the wake of the new administration's pause. We discuss the real world FCPA case of US v. Lawrence Hoskins, a defendant who was acquitted in a case that went to trial and saw multiple appellate decisions that demonstrates a tendency for federal overreach in FCPA matters.

Host Professor J.W. Verret interviews Professor Charles Elson on Delaware's Marchand case. A listeria outbreak in Bluebell ice cream led to a criminal case by the federal prosecutor and a successful "Caremark" failure to oversee claim in Delaware. We interview Charles about his service as a member of the Bluebell special litigation committee that handled this matter.

In Episode 3, host Jordan L. Fischer, Esq. interviews Corey Dennis, Chief Privacy Officer & Assistant General Counsel at Legend Biotech, where he leads the global privacy, cybersecurity, and artificial intelligence legal programs. In this episode, Jordan and Corey walk through two recent developments that are impacting data strategies in the healthcare and life sciences industry: the EU NIS2 Directive and the Department of Justice ("DOJ") Final Rule on the bulk transfer of sensitive data to “countries of concern” or “persons of concern.” Corey provides practical insights into the way that both of these new requirements are impacting businesses, as well as considerations for businesses who are required to comply with these changes. For more information on Corey Dennis, visit: https://www.linkedin.com/in/corey-m-dennis-cipp/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

In this episode, Judge Gunn discusses the case of Steven and Lori Palladino with Mark DeGiacomo, who served as the Chapter 7 trustee in their case. Mr. DeGiacomo was tasked with administering the fallout resulting from the debtors' Ponzi scheme run through an entity called Viking Financial Group, Inc. Mr. Palladino used Viking to promise “investors” a guaranteed 12% return on their investments, initially meeting with family and friends at Dunkin Donuts or at his kitchen table, and paying out their “dividends” in cash-stuffed envelopes. Mr. Palladino was ultimately convicted of numerous crimes and sentenced to more than 10 years in prison after it was revealed that he had bilked his victims out of more than $10 million. Mr. DeGiacomo winded up conducting at least two dozen Rule 2004 examinations as part of his investigation into the assets and financial affairs of the debtors and used this information to prosecute numerous avoidance actions and liquidate assets of the debtors to repay their creditors and victims. Mr. DeGiacomo recovered numerous lavish gifts Mr. Palladino had given to his wife as well as to his 20-year-old girlfriend, including jewelry, designer handbags, shoes, and dresses which the trustee sold at auction for the benefit of creditors. He also prosecuted an adversary proceeding against Sacred Heart University to recover nearly $65,000 in tuition Mr. Palladino had paid on his adult daughter's behalf, resulting in a decision by the U.S. Court of Appeals for the First Circuit that Mr. Palladino had not received “reasonably equivalent value” in exchange for the tuition payments, because emotional, intangible, or non-economic benefits did not satisfy the standard, and thus the university was required to return the funds to the estate for the benefit of creditors. Mr. DeGiacomo ultimately recovered approximately $2.5 million for distribution to the estate. Mr. Palladino ultimately died in state prison in 2020 before he ever began to serve his 2-year federal prison term for criminal contempt due to his failure to obey orders imposed in a civil action brought against him by the SEC related to the Ponzi scheme.

From ancient times what we now call mathematical models have been used to predict the arrival of seasons, comet returns, and eclipses. With sophisticated mathematics, good data gathering, and modern computers we can now predict things like the tides and the trajectories of interplanetary probes with considerable accuracy. We have also made progress in predicting weather. For some phenomena, for example earthquakes, we are still seeking to develop predictive models. As we heard in Episode 2 of this podcast, AI systems can be described as making predictions based on models, models that are trained on vast collections of data. These models seem intuitively different from the others. However, some truths hold for both kinds of models, in particular while "all models are wrong, some models are useful," as is explained by our guest in this episode in which we explore the world of models with Dr Erica Thompson.

In Episode 2, host Jordan L. Fischer, Esq. interviews Judy Selby, the founder of Selby Strategies and working as a certified performance coach. Judy is the author of "The Untold Secrets to Thrive as a Lawyer: Six Steps to Ignite Your Legal Career Even if You Didn't Go to Harvard or Yale," which provides insights into every stage of a legal career. In this episode, Jordan and Judy discuss the strategies that all lawyers can use across their career to find rewarding and long-lasting opportunities in the profession. Judy provides real life examples from her legal career, giving practical advice on key topics all lawyers should be thinking through as they advance in their careers. For more information on Judy Selby, visit: https://www.linkedin.com/in/judyselby/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Host Gary J. Ross talks about the Lone Star state with Brett Cenkus, principal of Austin-based Cenkus Law. While Delaware has been the center of corporate business law for the last century, a recent push to incorporate in other states has made news, especially with Elon Musk changing his companies' incorporation to Texas last year. Brett, who is admitted to practice in both Texas and Delaware, discusses Texas's emerging business-friendly environment and Delaware's well-established corporate law framework to compare the two state's statutes and courts. Gary and Brett also cover the process of converting a Delaware corporation into a Texas corporation.

Darren Berg started as a mortgage broker but then found himself orchestrating a $150 million Ponzi scheme. He diverted funds into a lavish lifestyle—owning multiple mansions, yachts, and a luxury bus company. When the fraud unraveled, bankruptcy proceedings led to significant legal battles, shaping Oregon's fraudulent transfer law in the process. But Berg's downfall didn't end in prison—he pulled off a daring escape, fleeing custody and vanishing into Brazil. Judge Gunn, Mark Calvert, and Michael Gearan discuss Berg's rise and fall, the legal aftermath, and the lingering question: will he ever be caught?

Host JW Verret interviews former SDNY prosecutor Sam Enzer about a $117 million crypto hack that happened in plain sight and led to fraud and market manipulation convictions for the perpetrator who bragged about his scheme on social media. JW Verret is a corporate and securities law professor at GMU Scalia Law School and regularly serves as a forensic accounting expert witness in white collar matters. Sam Enzer is a partner at Cahill Gordon & Reindel LLP and the founder and co-chair of CahillNXT, the Cahill firm's market-leading digital assets and emerging technology practice, where he has successfully guided numerous prominent crypto sector companies, entrepreneurs, founders and developers through “bet the company” civil litigations and high-stakes regulatory enforcement proceedings, criminal matters, internal corporate investigations, and corporate crises.

In Episode 1, host Jordan L. Fischer, Esq. interviews Damien Riehl, a technology lawyer who is currently leading the design, development, and expansion of products at vLex (formerly, Fastcase), integrating AI-backed technologies to improve legal workflows and to power legal data analytics. Damien provided a deep dive into the ways in which lawyers are leveraging AI, and how AI is already, and likely will continue to, disrupt the practice of law. In his discussion of AI and the law, Damien provided key insights into ethical considerations (competency, confidentiality, and billable fees) as well the opportunities that AI presents to narrow the access to justice gap and creative more effective lawyering across all sectors of law. For more information on Damien Riehl, visit: https://www.linkedin.com/in/damienriehl/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Host Gary J. Ross discusses BDS (Boycott, Divestment, and Sanctions) and its relation to private equity and venture capital with Anat Alon-Beck, associate professor at Case Western Reserve University School of Law. Gary and Prof. Alon-Beck discuss the BDS movement and its goal of applying economic and political pressure on Israel and any company doing business with Israel. Prof. Alon-Beck highlights the reputational and financial risks to companies in all fields, including technology, defense, and academia, the latter evidenced in protests demanding universities withdraw funds from companies with business ties to Israel.

Host Gary J. Ross discusses the Qualified Small Business Stock (QSBS) exclusion with Roger Royse, partner in the Palo Alto office of Haynes and Boone, LLP. Gary and Roger go over the history of QSBS, and Roger talks about how important QSBS is today to investors in emerging companies. The various QSBS requirements are described, including the necessity for being a C corporation, the holding period and how it is counted, and the growth assets test. Roger closes out the episode by noting common pitfalls of QSBS such as delays in incorporation or exercising options, S-elections, company distributions, and secondary sales.

Host Gary J. Ross discusses the cryptocurrency space with Lewis R. Cohen, Partner and Co-Chair of Cahill Gordon's CahillNXT practice group. Lewis starts off the episode by defining certain terms commonly used in the cryptocurrency space, including crypto asset, native assets, and distributed ledger technology (DLT). Gary and Lewis go on to have a wide-ranging discussion that touches on NFTs, SAFTs and token warrants, decentralized autonomous organizations (“DAOs”), the SEC's Custody Rule and UCC Article 12, and the potential for future comprehensive cryptocurrency legislation.

Host Gary J. Ross and Ben Kwon, Partner at Nixon Peabody, longtime co-chair of the ABA BLS Fund Formation subcommittee and guest on Episode 17, get together once again to talk about fund formation. Ben starts by talking about the Fifth Circuit's vacating of SEC's Private Fund Adviser Rules, and why fund managers should still consider the rules. Gary and Ben go on to discuss equalization fees paid by later investors, how to handle LPs who fail to meet capital calls, when to set up an offshore feeder, fees collected by managers (beyond management fees and carry), and several other topics, including the upcoming ABA BLS meeting in San Diego.

In this episode of The Subchapter V Podcast, David Mawhinney is joined by Hon. Frank J. Bailey, U.S. Bankruptcy Judge for the District of Massachusetts (Ret.) and Andrew Lizotte, shareholder at Murphy & King P.C. to discuss small business reorganization under Subchapter V of chapter 11 of the U.S. Bankruptcy Code and, specifically, the debtor's requirement to commit projected disposable income to paying creditor claims. The show begins by breaking down a debtor's revenue projections and what expense deductions are reasonable in arriving at projected disposable income. The team then turns to the plan term and arguments for extending it beyond the three-year minimum.

In Episode 7, host Jordan L. Fischer, Esq. interviews Jennifer Williams, partner at Freeh Sporkin & Sullivan, specializing in national security and cybersecurity risk. In this episode, Jennifer provides insight into the evolution of national security and cybersecurity during her tenure at the Department of Justice, and how the DOJ has evolved to meet changing cyber risks. Jennifer also talks through how she learned to take her traditional legal career and become a cybersecurity specialist, advising both the government and now the private sector on how to mitigate cyber risk. For more information on Jennifer Williams, visit: https://www.linkedin.com/in/jennifer-arbittier-williams/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Host Gary J. Ross discusses impact investing with Chintan Panchal, Partner at RPCK Rastegar Panchal. Chintan starts off the episode by defining “impact investing,” which he describes as investing in solutions to societal problems through an entrepreneurial lens. Gary and Chintan then discuss the history of impact investing, the intricacies of an impact deal, and prominent players such as Development Financial Institutions. Additional topics covered include obtaining impact reports, negotiating DFI side letters, and working with donor-advised funds, as well as the role of faith-based investors. Chintan closes by telling of his favorite impact investing deal.

Hannah Hutman and Mac VerStandig discuss how the growing merchant cash advance industry impacts small business bankruptcy cases. Some debtors and trustees treat merchant cash advances as ordinary secured – or unsecured – debts; some debtors and trustees look at the transactions as fraudulent conveyances. This episode covers key points in determining whether a claim is really secured and strategies for taking on these increasingly frequent obligations.

In this lively episode you will learn the evidentiary standards required for confirmation of a chapter 11, Sub V plan in both consensual and contested confirmation hearings from a retired bankruptcy judge and an experienced restructuring attorney. The panel will delve into the quantum of evidence required under section 1129 as well as specific methods of meeting your burdens. Recognizing that resources are commonly scarce in Sub V cases, the panel will focus on ways to meet those burdens through your client or other witnesses that do not require the expenditure of professional fees. The episode offers highly practical advice and cites specific cases that will help you get through the process. It also makes suggestions on when you need an expert, how to evaluate the qualities your expert should bring to the stand, and who never to call as an expert!

In Episode 6, host Jordan L. Fischer, Esq. interviews Ellie Ludlum, partner at Pinsent Masons, specializing in cyber and data risk, with significant experience of acting for insurers and insureds operating in a range of sectors including financial institutions, manufacturing, technology and media. In this episode, Ellie provides detailed insight into the newly adopted European Union AI Act, and its practical implications for businesses. She talks through how the UK is also addressing AI, and the likely impact of evolving regulations on the impact of AI within businesses. For more information on Ellie Ludlum, visit: https://www.linkedin.com/in/ellie-ludlam-a7736927/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Host Gary J. Ross talks with Davidson Oturu, Fintech attorney and Managing Partner at Nubia Capital, a VC firm focused on tech startups in Africa. Davidson starts by discussing his experience drafting the Nigeria Startup Act. Gary and Davidson then talk about the use of Delaware C-corps by African startups, including conducting the “Delaware flip” and dealing with laws requiring local shareholders. Davidson covers exit options for African companies, and some of the differences he sees between VC in Africa and VC in the U.S. Davidson closes the episode by giving his thoughts on impact investing and the overall African market for investors.

In this episode, host Jordan L. Fischer, Esq. interviews Diane M. Janosek, current CEO of Janos LLC, on the challenges that both the private and the public sector have in complying with evolving cybersecurity risks and regulations.

Host Gary J. Ross discusses cannabis law with Hillary Bricken, Partner at Husch Blackwell. Hillary's experience in cannabis law dates back to 2010 in Seattle when she was advising clients looking to take advantage of the dismantling of state laws against commercial cannabis activity. Hillary talks about cannabis regulation and enforcement at the state level and implications for both entrepreneurs launching cannabis-related businesses and investors in those businesses. Among other topics, Gary and Hillary also discuss banking issues and Canadian cannabis stocks trading on the OTC markets in the U.S. Thanks for a highly enlightening talk, Hillary!

In this episode we have two guests from the most senior ranks of the Royal Air force, Air Marshals Philip Osborn and Edward Stringer. Both men joined the UK's Royal Air Force in 1982. Air Marshal Stringer served 36 years until 2018; and Air Marshal Obsorn served 37 years until 2019. Intelligence has always been about dredging through vast pools of dull bureaucratic documents, seeking illuminating insights. In this episode we will explore military thinking about how to responsibly use AI. One of our guests has said, “data is the new oil,” and expresses concern about the tainting of our data by our adversaries. We discuss with our guests the Royal Air Force's use of AI in intelligence and operations.

Host Gary J. Ross discusses Business Development Companies (BDCs) with John Mahon, Partner at Proskauer Rose LLP. John began his career working at the SEC, and since then has devoted his practice to BDCs and registered funds. John explains how BDCs are a hybrid between a standard investment fund and a traditional finance company. Among the topics covered are congressional requirements for BDCs since their creation in 1980; the growth from four BDCs in the 1980s to a burst of them over the past twenty years; fee structures for BDCs; and their prominence in the venture lending space. Thanks for an informative talk, John!

Subchapter V has broad applicability and has been used by a wide variety of businesses and individuals since being enacted. There are, however, key limitations to who can seek to reorganize in Subchapter V and the benefits Subchapter V is capable of providing. In this episode, podcast host Mac VerStandig is joined by David Mawhinney to discuss some of those limitations.

In this episode of Path to the Bench, Chancellor Anne Martin, of Tennessee, speaks about her path to the Bench, finding fulfillment in the law, and the role of a judge. Chancellor Martin also discusses the importance of mentorship and paying it forward in one's career.

Host Gary J. Ross talks with Curtis Mo, partner at DLA Piper and a leading Silicon Valley corporate and securities lawyer. Gary and Curtis discuss venture-backed startups and the issues that arise in IPOs vis-à-vis acquisitions. Curtis provides insights as to how companies interact with investment banks in the time leading up to an IPO, and why underwriters tend to price companies more favorably when those companies are venture-backed. Gary and Curtis also share thoughts on valuations and the “IPO ratchet”, due diligence, SPACs, reporting requirements, and the JOBS Act.

In Episode 4, host Jordan L. Fischer, Esq. interviews Dr. Valerie Lyons, Chief Operations Officer of BH Consulting and co-author of The Privacy Leader Compass, A Comprehensive Business-Oriented Roadmap for Building and Leading Practical Privacy Programs (https://www.taylorfrancis.com/books/mono/10.1201/9781003383017/privacy-leader-compass-todd-fitzgerald-valerie-lyons). During their discussion, Valerie dives into the intersection of Environment, Social, and Governance (ESG), and Corporate Social Responsibility (CSR) in the evolving privacy landscape. Focusing on Governance and CSR, Valerie and Jordan talk through privacy beyond the letter of the law, and the increasing regulatory trends towards privacy as a social responsibility. They discuss the challenges that businesses face in implementing privacy, and the role that leadership plays in creating effective privacy programs. For more information on Valerie Lyons, visit https://www.linkedin.com/in/valerielyons-privsec/. To contact our host, Jordan L. Fischer, Esq., regarding this podcast or to inquire into becoming a guest, please contact Ms. Fischer at jordan@jordanfischer.me.

Host Gary J. Ross speaks with Darby Wong, Co-founder and CEO of Clerky, about legal document automation. A computer science major who worked in Silicon Valley before becoming an associate in BigLaw, Darby co-founded Clerky in 2011. Darby talks about Clerky's original premise of facilitating convertible note financings, and how Clerky has expanded through the years to also handle formation, compensation, NDA, and other documentation. Gary and Darby discuss the need for legal counsel even when legal documentation is automated, and the unauthorized practice of law issues raised by the actions of some of Clerky's peers.

Colorectal cancer is one of the leading causes of death in adults worldwide. The most important diagnostic and therapeutic technique for colorectal cancer is the colonoscopy. Gastrointestinal doctors are working with computer scientists to develop AI-based technologies to help enhance outcomes. We are fortunate to have Professor Doctor Julia Mayerle of the University of Munich as our guest. Dr Mayerle, Chair of the Department of Medicine at LMU, a recognized center of excellence for research in oncology, is an expert in gastroenterology and hepatology with a distinguished career at premier medical institutions in Europe spanning decades. Both a researcher and a clinician, Dr Mayerle has published extensively in a wide range of research areas in internal medicine.

Host Gary J. Ross talks with David Willbrand, Chief Legal Officer of Pacaso and author of Seed Deals. David discusses the ins and outs of startups and how they differ from small businesses, noting that startups “focus on innovation and disruption, doing something new,” typically leveraging technology and intellectual property with a focus on growth over profit. Gary and David discuss topics relevant to seed-stage companies, including convertible debt instruments, the movement towards using a simple agreement for future equity (SAFE), the post-money SAFE, and how founders and investors evaluate the risk of their early-stage investment.

In Episode 3, host Jordan L. Fischer, Esq. interviews Amit Elazari, co-founder and CEO of OpenPolicy, https://openpolicygroup.com/, a policy intelligence and engagement technology platform. In their discussion, Amit provides insight into the challenges with an increasingly complex policy and regulatory environment, and the capability of businesses to engage with key stakeholders on policy development. Jordan and Amit discuss how technology-related policies have evolved over the last decade, and predictions for where policy will focus in the coming months, including Artificial Intelligence, breach notification, and other emerging technologies.

Host Gary J. Ross and Sara Hanks of CrowdCheck discuss Regulation A, a longtime securities regulation exemption for public offerings that was greatly enhanced by the JOBS Act. Sara first talks about founding CrowdCheck after a career at the SEC and as a partner in Biglaw, and then Gary and Sara discuss the history, mechanics and uses of Reg A+. Among the topics touched on are Tier 1 and Tier 2 offerings, which companies are best suited for Reg A+, how companies selling collectibles use Reg A+, recent SEC actions against issuers relating to post-qualification supplement and amendments, and why venture capitalists should look into Reg A+ offerings.

Today we discuss US Air Force funded weather research at MIT with Major (now Lieutenant Colonel) Andrew Bowne, the chief legal counsel of the Air Force-MIT AI Accelerator. Major Bowne is a Judge Advocate in the US Air Force. In addition to his extensive legal credentials, Major Bowne holds a PhD in Artificial Intelligence from the University of Adelaide in Australia.

In Episode 2, host Jordan L. Fischer, Esq. interviews Monique Ferraro, Cyber Counsel at Hartford Steam Boiler (HSB), a Munich Re company. Monique and Jordan dive into the evolving world of cyber insurance and key changes in this industry. Monique provides insight into how the cyber insurance space has evolved over the last two decades, and where change is driving the entire industry. She also details the emerging concept of a cat backstop in cyber insurance: where the US government would provide government-backed coverage for catastrophic cyber incidents.

Host Gary J. Ross talks with Gregory S. Fryer, partner at the law firm of Veril Dana. Gary and Greg explore the implications of the Corporate Transparency Act (CTA), scheduled to go into effect on January 1, 2024. The CTA will require tens of millions of companies to register with FinCen, an arm of the U.S. Treasury, with the intent to enable FinCen to develop an enormous database of individuals. Gary and Greg discuss the broad privacy and logistical concerns created by the CTA, and also touch on which companies will be required to file with FinCen, what information must be disclosed, the filing process, and the current availability of the forms.

In Episode 1, host Jordan L. Fischer, Esq. interviews Niki Black, lawyer, author, and head of SME and External Education at MyCase and LawPay. Niki and Jordan explored the impact of cybersecurity, privacy, and emerging technologies on the practice of law. Niki provided insight into key considerations for lawyers when considering incorporating technologies into their daily practice, and the key trade offs. Niki discusses the rapid changes in legal technology when it comes to artificial intelligence, and how lawyers should consider using tools like ChatGPT, and other AI-driven technologies to enhance their practice.

Host Gary J. Ross talks with Robert Gunderson, the founding partner of Gunderson Dettmer and a top-tier venture capital lawyer for over 40 years. Gary and Bob discuss Bob's experience at the start of venture capital law and its evolution over time, including the impact of new regulatory requirements and the NVCA model forms, as well as changes in the IPO market and the importance and growth of the private markets. Gary and Bob also touch on the basic structure of venture capital funds and the value of private versus public boards in connection with fiduciary duties.

In this episode of “Path to the Bench,” Judge Mary Johnston, of Delaware, speaks of her path to the bench and what shaped her view of the law. Judge Johnston also discusses the importance of balance and preparation, as well as successfully navigating non-traditional career paths.

Host Gary J. Ross and Alexander Platt, associate professor of law at University of Kansas, discuss proposed changes to mandatory disclosure requirements for large private companies, a/k/a “unicorns.” These include changes to Section 12(g) of the 1934 Exchange Act, first proposed by ex-SEC commissioner Allison Herren Lee in 2021, as well as changes to Regulation D offerings suggested earlier this year by SEC commissioner Caroline Crenshaw. Prof. Platt talks about whether either of these changes can be made without explicit Congressional authorization, and delves into the potential real-world impact of these changes.