From Risk Aversion To Risk Calibration: What Senne Mennes Taught Me About Building Legal Systems That Learn – Above the Law

In
my
latest
“Notes
to
My
(Legal)
Self”
interview,
I
sat
down
with
Senne
Mennes,
co-founder
of
ClauseBase
and
former
lawyer
at
DLA
Piper
Brussels.
We
talked
about
his
journey
from
practicing
IP
law
to
building
document
automation
tools.
But
what
stuck
with
me
most
wasn’t
the
technology.
It
was
how
his
relationship
to
risk
changed.

This
isn’t
just
a
founder
story.
It’s
a
blueprint
for
in-house
legal
teams
trying
to
modernize.
If
you
are
in-house
and
still
reviewing
contracts
like
every
mistake
is
catastrophic,
this
conversation
is
your
permission
slip
to
build
a
different
model.
One
based
on
iteration,
calibration,
and
speed.


Risk
Minimization
Is
Not
a
Strategy

Senne
put
it
plainly.
“As
lawyers,
we’re
trained
to
turn
over
every
stone.
That
works
if
your
only
goal
is
to
avoid
mistakes,
but
it
also
makes
for
very
slow
progress.”
That
mindset
may
serve
you
well
in
litigation
or
regulatory
response.
But
it
is
death
to
innovation.
Especially
if
your
team
is
tasked
with
enabling
commercial
velocity,
supporting
product
launches,
or
building
internal
tooling.

The
old
posture
was
protect
and
review.
The
new
posture
is
build
and
improve.
Legal
still
needs
to
manage
risk,
but
not
by
defaulting
to
zero.
Instead,
legal
needs
to
get
good
at
identifying
which
risks
actually
matter,
which
ones
are
tolerable,
and
which
ones
can
be
flagged
and
remediated
through
systems.


Stop
Aiming
For
Perfect
Drafts.
Start
Building
Feedback
Loops.

ClauseBase
didn’t
launch
because
Senne
had
a
grand
vision.
It
launched
because
he
and
his
co-founder
were
stuck
in
a
loop
of
inefficient
drafting
inside
a
global
law
firm.
They
didn’t
like
the
tools
they
were
using.
So
they
built
the
ones
they
wished
they
had.

That’s
the
part
most
in-house
teams
miss.
Innovation
doesn’t
require
a
moonshot.
It
starts
when
you
stop
settling
for
broken
systems.
Maybe
your
team
redlines
the
same
indemnity
clause
every
week.
Or
you
spend
hours
harmonizing
NDAs.
Or
your
product
counsel
still
copy-pastes
playbooks
into
emails.

All
of
that
is
fixable.
Not
by
doing
the
work
harder.
But
by
systematizing
the
judgment
behind
your
work.
What
makes
a
clause
acceptable?
What
language
actually
triggers
friction?
Which
terms
do
you
really
care
about,
and
which
ones
just
need
to
be
tracked?

This
is
where
TermScout
lives.
In
the
layer
between
raw
contract
text
and
actionable
intelligence.
When
you
certify
a
clause
or
benchmark
it
against
market
data,
you
are
not
just
speeding
up
the
deal.
You
are
creating
a
feedback
loop.
One
that
improves
with
every
contract
you
touch.


Lawyers
Rarely
Feel
the
High.
That’s
the
Problem.

In
the
interview,
Senne
shared
why
lawyers
often
fear
risk.
“As
a
lawyer,
you’re
trained
to
minimize
risk,
but
you
don’t
get
to
experience
the
upside.
The
business
does.”
That
disconnection
is
part
of
why
lawyers
stall
innovation.
They
see
the
cost
of
mistakes,
but
not
the
benefit
of
speed.

To
build
better
legal
systems,
that
mindset
must
change.
You
can’t
calibrate
risk
if
you
never
connect
it
to
reward.
The
best
in-house
teams
are
not
just
blocking
bad
outcomes.
They
are
engineering
for
good
ones.
They
see
how
faster
review
leads
to
more
revenue.
They
see
how
clearer
contracts
reduce
negotiation
cycles.
They
track
the
upside.
And
they
own
it.


Perfectionism
Is
Not
Professionalism

Senne
also
talked
about
how
hard
it
was
to
create
content
in
the
early
days.
“Some
of
those
three-minute
videos
took
me
ten
or
fifteen
takes.
I
was
trying
to
be
perfect.”
Eventually,
he
realized
no
one
cared
about
perfect.
They
cared
about
useful.
They
cared
about
real.

That
applies
to
legal
too.
You
can
polish
a
contract
forever.
But
that
doesn’t
make
it
better.
Clarity
beats
cleverness.
Speed
beats
precision
when
the
risk
is
low.
The
goal
is
not
to
eliminate
all
ambiguity.
The
goal
is
to
build
systems
that
know
when
it
matters.

That’s
what
TermScout’s
clause
ratings
and
contract
certifications
are
designed
to
do.
They
help
legal
teams
stop
over-lawyering
and
start
standardizing.
Not
blindly.
But
strategically.
You
don’t
need
to
flatten
nuance.
You
need
to
channel
it
where
it
counts.


To
Build
Trust,
Codify
Judgment

Senne’s
transition
from
lawyer
to
founder
mirrors
the
shift
many
legal
departments
are
starting
to
make.
From
reactive
to
proactive.
From
craft
to
infrastructure.
From
gut
instinct
to
data.

None
of
this
happens
overnight.
But
it
doesn’t
require
magic.
Just
a
different
way
of
thinking.
One
where
legal
stops
being
the
department
of
no
and
becomes
the
engine
of
trust.
The
team
that
makes
clear
what’s
acceptable,
what’s
fair,
and
what’s
possible.

Risk
management
isn’t
about
saying
no.
It’s
about
building
systems
that
let
the
business
say
yes:
faster,
smarter,
and
with
confidence.

Watch
the
full

interview
with
Senne
Mennes
here
.

Then
ask
yourself
this:
What
would
change
if
your
legal
team
treated
contracts
as
systems,
not
artifacts?
What
if
you
stopped
aiming
for
perfect,
and
started
optimizing
for
speed,
clarity,
and
learning?

The
future
isn’t
built
on
instinct.
It’s
built
on
infrastructure.
Let’s
get
to
work.





Olga
V.
Mack
 is
the
CEO
of TermScout,
an
AI-powered
contract
certification
platform
that
accelerates
revenue
and
eliminates
friction
by
certifying
contracts
as
fair,
balanced,
and
market-ready.
A
serial
CEO
and
legal
tech
executive,
she
previously
led
a
company
through
a
successful
acquisition
by
LexisNexis.
Olga
is
also
Fellow
at
CodeX,
The
Stanford
Center
for
Legal
Informatics
,
and
the
Generative
AI
Editor
at
law.MIT.
She
is
a
visionary
executive
reshaping
how
we
law—how
legal
systems
are
built,
experienced,
and
trusted.
Olga 
teaches
at
Berkeley
Law
,
lectures
widely,
and
advises
companies
of
all
sizes,
as
well
as
boards
and
institutions.
An
award-winning
general
counsel
turned
builder,
she
also
leads
early-stage
ventures
including 
Virtual
Gabby
(Better
Parenting
Plan)
Product
Law
Hub
ESI
Flow
,
and 
Notes
to
My
(Legal)
Self
,
each
rethinking
the
practice
and
business
of
law
through
technology,
data,
and
human-centered
design.
She
has
authored 
The
Rise
of
Product
Lawyers
Legal
Operations
in
the
Age
of
AI
and
Data
Blockchain
Value
,
and 
Get
on
Board
,
with Visual
IQ
for
Lawyers (ABA)
forthcoming.
Olga
is
a
6x
TEDx
speaker
and
has
been
recognized
as
a
Silicon
Valley
Woman
of
Influence
and
an
ABA
Woman
in
Legal
Tech.
Her
work
reimagines
people’s
relationship
with
law—making
it
more
accessible,
inclusive,
data-driven,
and
aligned
with
how
the
world
actually
works.
She
is
also
the
host
of
the
Notes
to
My
(Legal)
Self
podcast
(streaming
on 
SpotifyApple
Podcasts
,
and 
YouTube),
and
her
insights
regularly
appear
in
Forbes,
Bloomberg
Law,
Newsweek,
VentureBeat,
ACC
Docket,
and
Above
the
Law.
She
earned
her
B.A.
and
J.D.
from
UC
Berkeley.
Follow
her
on 
LinkedIn and
X
@olgavmack.

Watch The Exact Moment John Roberts Realizes He Whored Himself Out – Above the Law

(Photo
by
Leah
Millis-Pool/Getty
Images)

They
thought
prostituting
themselves
wouldn’t
mean
losing
control,
but
after
accidentally
falling
in
love
they
tragically
learn
they
were
just
thought
of
as
a
whore
by
tacky
oligarchs.
No,
it’s
not
the
plot
of
Best
Picture
winner

Anora


I
mean,
it
is
that
too

but
the
very
real
human
drama
of
Chief
Justice
John
Roberts.

Roberts
showed
up
at
the
State
of
the
Union
last
night
expecting
to
take
in
another
evening
of
sitting
stonefaced
while
pretending
it’s
not
weird
that
the
judicial
branch
attends
the
president’s
annual
report
to
Congress.

Instead,
he
had
the
emperor’s
robes
ripped
off
him
by
a
bumbling
chief
executive
who
doesn’t
understand
the
conservative
judicial
pantomime:

The
first
rule
of
Federalist
Society
Partisan
Club
is

you
do
not
talk
about
Federalist
Society
Partisan
Club
!
The
second
rule
is

enjoy
the
Chick-fil-A
.
Except
for
Sam
“Flagman”
Alito,
the
conservative
justices
work
hard
to
peddle
the
mythology
that
they
aren’t
die-hard
Republicans
reverse
engineering
contemporary
GOP
policy
but
conscientious
jurists
calling
balls
and
strikes.
They’ll
make
up
reasons

why
Alexander
Hamilton
would’ve
wanted
them

to
give
police
total
immunity
or
plead
that

you
have
to
read
their
opinions

and
then
not
issue
any
opinions
in
increasingly
consequential
shadow
docket
cases

but
they
want
you
to
know
that
they
are
always
ALWAYS
non-partisan.

In

Trump
v.
United
States


ending
Trump’s
federal
criminal
cases
and
inventing
a
new
double-whammy
to
shield
presidents
from
state
cases

the
Chief
took
great
pains
to
characterize
the
ruling
as
entirely
normal.
Even
though
the
argument
in
the
case
explicitly
contemplated
“using
SEAL
Team
6
to
assassinate
a
political
rival.”

The
opinion
is
laughably
shoddy
,
but
it
plays

the
game
.

Roberts
and
his
buddies
wanted
Trump
to
win
and
they
thought
the
electorate
might
balk
if
they
found
out
some
Russian
agent
lived
in
Trump’s
pool
locker
stealing
nuclear
codes
for
four
years
or
whatever
lives
in
the
Jack
Smith
report
that
Aileen
Cannon
and
Pam
Bondi
do
NOT
want
us
to
see.
So
he
cobbled
together
this
opinion
to
give
his
favored
candidate
a
hand.
Then
he
wrote
an
annual
report

scolding
anyone
who
might
scrutinize
judicial
opinions
enough
to
suggest
a
judge
might
be
a
partisan
hack
.

Maybe
Roberts
believes
his
own
mythology.
It
would
be
insane,
but
it’s
possible.
But
whether
his
illusion
was
shattered
or
just
his
attempt
to
cover
it
up,
Trump
busted
through
it
all
when
he
said
what
everyone
else
already
knew
while
patting
the
Chief
on
the
chest.

“Thank
you
again,”
he
said,
implying
this
is
not
the
first
time
he’s
thanked
him.
“Won’t
forget
it.”

As
anyone
who’s
followed
Trump’s
career
knows…
he
will
absolutely
forget
it.
Roberts
might
be
coming
to
grips
with
all
that
right
now.


See
Also:


The
Amy
Coney
Barrett
Clip
That
Will
Have
SCOTUS
Followers
Talking




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Man Files Civil Rights Lawsuit After Being Arrested Over A Meme – Above the Law

One
of
the
signs
you’ve
begun
thinking
like
a
lawyer
is
when
you
happen
upon
a
news
story
and
reflexively
think
“That’s
a
lawsuit
waiting
to
happen.”
Case
in
point

Larry
Bushart
getting
arrested
and
charged
over
a
Trump
meme.
Thankfully,
the
long
wait
is
over:

This
should
be
an
open
and
shut
case
in
his
favor.
The
lawsuit
will
(hopefully)
memorialize
a
strange
moment
in
America’s
history
where
a
man’s
public
murder
was
used
as
part
of
a
larger
campaign
to

whip
up
a
frenzy
and
inspire
more
calls
to
violence
against
minorities

until
it
was
discovered
that
the
alleged
shooter
was
“demographically
uncooperative.”
The
weeks
following
Charlie
Kirk’s
murder
sent
everyone
into
a
sentiment
censorship
frenzy
where

even
paraphrasing
his
words

could
cost
you
your
job.
The
zeitgeist
was
so
heavy
with
thought
policing
and
obeying
in
advance
that
even
the
vice
president
started

jawboning
private
employers

to
discipline
their
employees
over
offending
speech.
Maybe
that’s
why
the
people
who
reported
Bushart
and
the
police
who
then
arrested
him
didn’t
feel
too
much
pause
over
the
deeply
un-American
actions
at
play.
Fear
can
get
in
the
way
of
commitments
to
liberty

a
few
jumps
in
reasoning
lead
people
to
think
that
Bushart’s
post
was
actually
a
call
for
more
gun
violence;
another
point
that
has
no
way
of
holding
up
in
court.

The
stakes
of
this
case
loom
large
for
Americans
as
a
whole:
FIRE
lead
attorney
Adam
Steinbaugh
who

had
this
to
say
:

“If
police
can
come
to
your
door
in
the
middle
of
the
night
and
put
you
behind
bars
based
on
nothing
more
than
an
entirely
false
and
contrived
interpretation
of
a
Facebook
post,
no
one’s
First
Amendment
rights
are
safe[.]”

If
Bushart
wins,
there’s
gonna
be
a
hell
of
a
lot
of
“I
told
you
so-ing.”
If
he
loses,
the
chilling
effects
will
be
so
strong
that
we
probably
won’t
be
telling
each
other
anything
at
all.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
is
learning
to
swim, is
interested
in
critical
race
theory,
philosophy,
and
humor,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected]
and
by
tweet
at @WritesForRent.

The Deepfake Courtroom Problem: A Colorado Blue Ribbon Study Sheds Some Light And Offers A Start To Solutions – Above the Law

It’s
the
morning
of
the
first
day
of
trial.
Your
opponent
calls
her
first
witness
who
testifies
about
a
video
he
says
was
taken
at
the
accident
scene.
The
video
clearly
shows
your
client
running
the
red
light.
The
witness
is
pointing
at
the
screen
and
saying
the
video
is
a
fair
and
accurate
depiction
of
what
he
observed.
The
judge
nods
his
head
knowingly
and
looks
at
you.
Your
client
is
tugging
at
your
sleeve
and
whispering
something.
There
is
something
vaguely
off
about
the
footage.

What
do
you
do?
How
do
you
attack
the
presumed
authenticity?
Should
you?
What
if
the
video
is
more
or
less
authentic
but
has
been
enhanced?
Should
you
mention
that?
How?

Deepfakes
and
evidence
created
or
enhanced
by
AI
are
going
to
become
increasingly
prevalent.
There
are
numerous
examples
but
few
solutions
or
answers
for
lawyers
like
the
above,
for
judges
who
are
evidentiary
gatekeepers,
and
for
jurors
who
are
often
the
ultimate
decision-makers
in
court.

That’s
why
what
the
Visual
Evidence
Lab
at
University
of
Colorado
Boulder
recently
created
and
did
is
important.
The
Lab
gathered
20
some
experts
from
academia,
law,
media
forensics,
journalism,
and
human
rights
practice
in
April
of
this
year
to
discuss
the
use
of
video
and
AI
for
a
full
day
and
to
talk
about
the
problems
that
AI
can
and
is
creating
in
our
courtrooms.
The
group
released
a
report
entitled,


Video’s
Day
in
Court:
Advancing
Equitable
Legal
Usage
of
Visual
Technologies
and
AI
.

While
the
focus
of
the
group
was
on
video
evidence,
much
of
what
was
discussed
is
applicable
to
other
forms
of
non-documentary
evidence.
The
group
talked
about
three
key
things:
systematic
public
access
to
and
storage
of
video
evidence,
how
to
place
guidelines
on
the
interpretation
of
video
evidence
by
judges
and
juries
to
mitigate
bias
and
properly
interpret
the
evidence,
and
the
issues
posed
by
the
impact
of
AI
on
video
evidence
to
better
establish
and
ensure
reliability
and
integrity.


The
Access
Problem

The
group
was
concerned
about
access
since
unlike
documentary
evidence,
video
evidence
is
haphazardly
stored.
Why
is
that
important?
It
prevents
researchers
and
others
from
being
able
to
grasp
the
scope
of
the
problem
and
the
risks
it
poses.
It
also
precludes
a
meaningful
analysis
of
the
characteristics
that
might
indicate
a
deepfake:
“These
visual
materials
cannot
become
a
proper
part
of
common-law
jurisprudence
either
because
lawyers
and
judges
are
not
able
to
refer
in
any
reasoned
fashion
to
decisions
of
other
courts
regarding
comparable
videos.”

Frankly,
I
had
not
thought
of
this
issue.
But
as
we
shall
see
later
in
the
report
discussed
below,
the
lack
of
the
ability
to
understand
the
scope
and
magnitude
of
the
problem
hampers
the
ability
to
systematically
deal
with
it.

You
can’t
solve
a
problem
with
anecdotes
instead
of
facts.
But
anecdotes
are
all
we
have
right
now.

And
the
access
problem
is
only
the
beginning.


The
Interpretation
Problem

The
impact
of
video
evidence
is
different
than
documentary
evidence
in
ways
that
are
often
misunderstood.
There’s
lots
of
psychology
research
that
shows
perception
of
video
evidence
can
be
more
selective,
biased,
and
shaped
by
what
the
report
calls
motivated
reasoning,
that
is,
using
the
evidence
to
support
a
preexisting
conclusion.

In
addition,
the
video
medium
can
be
manipulated
to
shape
interpretations.
Things
like
playback
speed
can
alter
the
perception
of
video
evidence:
it
makes
the
depicted
action
seem
more
deliberate.
Other
factors
including
camera
angle
and
field
of
view
are
important.
The
report
concludes,
“Despite
the
multiple
factors
shaping
interpretation
and
decision-making,
judges,
lawyers,
and
jurors
are
largely
unaware
of
the
various
influences
on
how
they
construe
what
they
see
in
a
video.”

Put
bluntly,
video
evidence,
by
its
very
nature,
impacts
decision-making
in
ways
that
are
different
than
other
evidence.
There
is
precious
little
study
of
how
this
impacts
decision-making
in
the
courtroom
and
how
altering
or
enhancing
the
video
can
impact
that
reasoning.
Without
that,
it’s
hard
to
know
what
is
fair
and
how
to
define
what
is
impartial
when
it
comes
to
decision-making.

For
example,
is
it
fair
for
a
jury
to
be
presented
with
an
enhanced
video
to
better
demonstrate
a
bloody
and
brutal
injury?
Or
does
that
place
jurors
too
close
to
the
victim
and
interfere
with
fairness?


The
Impact
of
AI

All
of
these
issues
are
compounded
by
AI,
the
report
concluded.
It’s
hard
to
confidently
distinguish
whether
a
video
accurately
depicts
what
it
is
being
offered
to
show,
the
standard
test
of
authenticity.
 Three
questions
arise:

  • The
    difficulty
    detecting
    and
    verifying
    AI-created
    media
  • The
    uncertainty
    about
    what
    kind
    of
    enhancement
    is
    permissible
    in
    court
  • The
    fear
    that
    deepfakes
    may
    become
    more
    prevalent

Here’s
the
problem:
as
noted
by
the
report,
the
Advisory
Committee
on
Federal
Evidentiary
Rules
decided
in
May
of
this
year
that
no
changes
to
Evidentiary
Rule
901
which
governs
authenticity
were
necessary.
Why?
Because
the
Committee
concluded
so
few
deepfakes
had
been
offered
as
evidence.
(Of
course,
that
assumes
that
all
“deepfakes”
had
been
found,
labelled,
and
that
labelling
recorded
in
a
way
that
could
be
accessed,
which
gets
back
to
the
first
problem.)
 The
Lab
report
notes:

The
central
challenge
is
how
to
establish
robust
authentication
standards
that
can
withstand
scrutiny,
without
simultaneously
creating
verification
systems
that
compromise
people’s
right
to
confront
evidence
or
endanger
the
human
rights
of
media
creators
and
witnesses.

The
report
also
noted
that
courts
have
long
allowed
the
use
and
admission
of
technologically
enhanced
media
like
enlarged
photos
and
interactive
3D
models.
But
AI
tools
bring
new
levels
of
enhancement
not
seen
before.

Moreover,
the
ease
of
use
and
affordability
of
these
tools
make
them
ubiquitous.
Things
like
changes
to
resolution,
brightness,
contrast,
sharpness,
and
other
features
allow
video
evidence
(and
photographic
evidence
for
that
matter)

features
we
all
use
every
day,
by
the
way

to
be
presented
in
new
and
persuasive
ways.

Here’s
a
real-world
example
of
a
problem
with
video.
In
a
previous
life,
I
was
a
swim
official.
One
of
the
calls
a
swimming
official
makes
is
to
make
sure
in
relay
events
no
swimmer
leaves
the
blocks
before
his
teammate
touches
the
wall.
The
only
way
to
do
that
is
to
stand
right
next
to
the
block.
I
can’t
tell
you
how
many
times
a
spectator
would
come
to
me
with
a
video
taken
30
yards
away
to
dispute
a
call.

That
video,
of
course,
is
not
an
accurate
depiction
of
what
actually
happened.
But
the
spectator
would
extrapolate
what
actually
happened
from
that
video.

The
question
is
at
what
point
do
those
kinds
of
enhancements
cross
the
line
between
what
is
convenient
and
proper
and
become
a
deepfake?
We
have
no
firm,
universal
rules
to
determine
this.
Without
these
rules,
inequalities
exist
which
undermines
a
consistent
application
of
the
rule
of
law.

There
is,
by
the
way,
a
proposed
amendment
to
Evidentiary
Rule
707
that
would
apply
the
Daubert
standard
of
reliability
to
determine
the
admissibility
of
AI-enhanced
and
-generated
evidence.
It
is
open
for
public
comment
until
February
2026.

All
of
this,
combined
with
the
fear
that
deepfakes
are
going
to
become
more
and
more
prevalent,
all
raise
issues
of
evidentiary
integrity,
says
the
report.


What
Is
There
to
Do?

The
Colorado
gang
didn’t
just
stop
at
identifying
a
problem,
they
came
up
with
several
recommendations
to
get
us
to
some
solutions:

  • The
    development
    of
    standards
    for
    labeling,
    storing,
    securing,
    and
    archiving
    video
    evidence.
    This
    would
    include
    a
    data
    strategy
    along
    with
    a
    decentralized
    architecture
    that
    would
    enable
    use
    and
    analysis
    of
    that
    data.
  • The
    development
    of
    visual
    evidence
    training
    for
    judges
    (e.g.,
    how
    to
    probe
    and
    ask
    relevant
    questions)
    to
    better
    perform
    their
    role
    as
    gatekeepers.
  • The
    development
    of
    research-based
    guidance
    to
    help
    jurors
    better
    evaluate
    video
    evidence.
  • Systematic
    research
    into
    the
    prevalence
    of
    deepfakes
    in
    court
    to
    develop
    safeguards
    for
    AI-generated
    evidence.
  • The
    issuance
    of
    ethics
    opinions
    on
    the
    offering
    of
    known
    or
    suspected
    AI-generated
    or
    -enhanced
    evidence.

According
to
the
report:

Judges
must
be
prepared
to
handle
cases
involving
AI-generated
and
AI-enhanced
video
evidence.
Improving
notice
and
disclosure
for
AI-enhanced
evidence
can
help
safeguard
reliability
without
further
exacerbating
the
inequality
of
access
to
justice.


The
Report
Conclusion                                                         

The
Report
concluded
as
follows:

The
development
of
a
long-term
infrastructure
for
storing
and
accessing
evidentiary
videos,
research-based
training
for
judges,
instructions
for
jurors,
and
safeguards
for
the
admission
of
AI-based
evidence
will
advance
the
consistent
and
fair
use
of
video
and
AI
technologies
in
the
pursuit
of
justice.


Some
Final
Thoughts

Yes,
the
report
is
short
on
concrete,
practical
solutions.
It’s
one
thing
to
say
we
need
to
do
things
like
educate
judges.
It’s
another
thing
to
create
training
modules
and
roundtables
to
do
just
that.
The
former
is
easy,
the
latter
harder.

But
what
the
Lab
has
done
is
a
start.
It’s
a
studied,
inclusive,
and
fair
examination
of
a
problem
that’s
only
going
to
get
worse
without
action.
While
the
devil
is
often
in
the
details,
you
don’t
get
to
the
details
without
understanding
the
problem
you
are
trying
to
solve.
That’s
what
the
Colorado
group
is
doing.
That’s
what
we
need
more
of
if
we
as
a
profession
are
going
to
successfully
confront
the
problem.

Until
we
get
serious
about
understanding
the
scope
of
this
problem,
we’re
just
playing
courtroom
roulette
with
the
truth.




Stephen
Embry
is
a
lawyer,
speaker,
blogger,
and
writer.
He
publishes TechLaw
Crossroads
,
a
blog
devoted
to
the
examination
of
the
tension
between
technology,
the
law,
and
the
practice
of
law

Zimbabwe Vigil Diary 27th December 2025


29.12.2025


17:22

Another
virtual
Vigil
today
continues
our
protest
against
the
human
rights
abuse
and
lack
of
democracy
in
Zimbabwe. 



https://www.flickr.com/photos/zimbabwevigil/55010402236/sizes/m/

Our
virtual
Vigil
activists
today
were
Maggie
Nobire
Dhlamini
and
Tatenda
Tsumba.
They
carried
placards
expressing
their
dissatisfaction
with
ZANU
PF,
Zimbabwe’s
ruling
regime.  Photos:

https://www.flickr.com/photos/zimbabwevigil/albums/72177720331169708/
.

For
Vigil
pictures
check: http://www.flickr.com/photos/zimbabwevigil/.
Please
note:
Vigil
photos
can
only
be
downloaded
from
our
Flickr
website.


Events
and
Notices:  


  • Next
    Vigil
    meeting
    outside
    the
    Zimbabwe
    Embassy. 
    Saturday
    3rd January
    2026
    from
    2

    5
    pm.
    We
    meet
    on
    the
    first
    and
    third
    Saturdays
    of
    every
    month.
    On
    other
    Saturdays
    the
    virtual
    Vigil
    will
    run.

  • The
    Restoration
    of
    Human
    Rights
    in
    Zimbabwe
    (ROHR)
     is
    the
    Vigil’s
    partner
    organisation
    based
    in
    Zimbabwe.
    ROHR
    grew
    out
    of
    the
    need
    for
    the
    Vigil
    to
    have
    an
    organisation
    on
    the
    ground
    in
    Zimbabwe
    which
    reflected
    the
    Vigil’s
    mission
    statement
    in
    a
    practical
    way.
    ROHR
    in
    the
    UK
    actively
    fundraises
    through
    membership
    subscriptions,
    events,
    sales
    etc
    to
    support
    the
    activities
    of
    ROHR
    in
    Zimbabwe.

  • The
    Vigil’s
    book
    ‘Zimbabwe
    Emergency’
     is
    based
    on
    our
    weekly
    diaries.
    It
    records
    how
    events
    in
    Zimbabwe
    have
    unfolded
    as
    seen
    by
    the
    diaspora
    in
    the
    UK.
    It
    chronicles
    the
    economic
    disintegration,
    violence,
    growing
    oppression
    and
    political
    manoeuvring

    and
    the
    tragic
    human
    cost
    involved. It
    is
    available
    at
    the
    Vigil.
    All
    proceeds
    go
    to
    the
    Vigil
    and
    our
    sister
    organisation
    the
    Restoration
    of
    Human
    Rights
    in
    Zimbabwe’s
    work
    in
    Zimbabwe.
    The
    book
    is
    also
    available
    from
    Amazon.


  • Facebook
    pages:   

  • Vigil : 
    https ://www.facebook.com/zimbabwevigil
  • ROHR: https://www.facebook.com/Restoration-of-Human-Rights-ROHR-Zimbabwe-International-370825706588551/
  • ZAF: https://www.facebook.com/pages/Zimbabwe-Action-Forum-ZAF/490257051027515

The
Vigil,
outside
the
Zimbabwe
Embassy,
429
Strand,
London
meets
regularly
on
Saturdays
from
14.00
to
17.00
to
protest
against
gross
violations
of
human
rights
in
Zimbabwe.
The
Vigil
which started
in
October
2002
will
continue
until
internationally-monitored,
free
and
fair
elections
are
held
in
Zimbabwe.

Post
published
in:

Featured

Elite Biglaw Firm Will No Longer Participate In Law School On-Campus Interview Programs – Above the Law

We
already
knew
that
Biglaw
firms
were
stepping
away
from
using
law
school
interview
programs
as
their
main
source
of
recruitment

in
favor
of
alternative
hiring
plans
,
but
one
elite
law
firm
just
made
a
move
that
may
spell
doom
for
on-campus
interviews
if
more
firms
decide
to
follow
its
lead.

Latham
&
Watkins

a
firm
that
brought
in
$5,688,226,000
gross
revenue
in
2023,
putting
it
at
No.
2
on
the
Am
Law
100

will
no
longer
be
participating
in
law
school
interview
programs
to
recruit
summer
associates.
Instead,
the
firm
is
encouraging
all
candidates
to
send
their
applications
directly
to
the
firm.

Bloomberg
Law

has
additional
details:

The
Los
Angeles-founded
firm
had
been
cutting
on-campus
interviews,
dubbed
OCIs,
over
the
last
three
years
before
opting
out
entirely
this
year,
according
to
the
person
[familiar
with
the
matter],
who
spoke
on
a
condition
of
anonymity.
The
3,000-lawyer
firm
has
directed
law
students
to
apply
online
for
the
summer
associate
positions
that
are
the
principal
pathway
for
graduating
law
students
to
get
jobs.

As
the
National
Association
for
Law
Placement
reported
earlier
this
month,
the
majority
of
offers
(56%)
made
during
the
2025
recruitment
cycle
resulted
from
alternative
hiring
programs.
In
the
wake
of
Latham’s
move,
Nikia
Gray,
NALP’s
executive
director,
now
believes
that
OCI
will
shift
to
becoming
“more
of
a
primary
tool
for
regional
and
local
firms.
For
those
big
national
firms,
it’s
going
to
become
something
that
they
perhaps
participate
in
to
top
off
or
round
out
their
class.”

How
many
Biglaw
firms
will
step
away
from
on-campus
recruiting
now
that
Latham
has
officially
put
another
nail
in
its
coffin?
Only
time
will
tell.
Is
your
law
firm
planning
to
kick
OCI
to
the
curb?
Please
let
us
know.
You
can email
us
 or
text
us
(646-820-8477)
if
you
have
any
intel.
Thank
you.


Latham
Scraps
On-Campus
Interviews
to
Recruit
Summer
Associates

[Bloomberg
Law]


Staci Zaretsky




Staci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on BlueskyX/Twitter,
and Threads, or
connect
with
her
on LinkedIn.

Another National Security Concern! – Above the Law

(Photo
by
Andrew
Harnik/Getty
Images)

President
Donald
Trump
demolished
the
East
Wing
of
the
White
House
without
going
through
any
government
approval
process. The
administration
said
that
it
didn’t
need
anyone’s
approval
to
demolish
the
old
building;
it
needed
approval
only
for
constructing,
not
destroying,
buildings.

Now,
when
opponents
have
filed
a
lawsuit
to
prevent
the
construction
of
the
ostentatious
Trump
Ballroom
to
replace
the
old
East
Wing,
the
government
says
that
courts
should
reject
that
objection
because
the
absence
of
a
building
on
the
site
of
the
East
Wing
poses
national
security
concern
.  

I
have
a
question: Didn’t
Trump
just
create
that
national
security
problem
by
tearing
down
the
old
East
Wing?

I
mean: There
was
no
national
security
concern
six
months
ago,
when
the
old
East
Wing
existed. And
now
there’s
a
national
security
concern
caused
by
the
absence
of
the
building.

So
Trump
has
to
solve
a
national
security
concern
that
he
just
created?  

(We’re
having
a
sale: 50%
off
prices
we
recently
raised
50%!)

Shouldn’t
he
have
thought
about
national
security
before
he
tore
down
the
original
building?

National
security
seems
to
be
coming
up
a
lot
these
days. In
January,
Trump
issued
an
executive
order
stopping
all
leases
for
wind
farms. A
few
weeks
ago,
a
federal
judge
threw
out
that
order. Last
week,
Trump
again
halted
all
leases
for
wind
farms,
but
now
he
claims
that
those
wind
farms
cause
“clutter”
on
radar,
which
is
national
security
 concern.

The
National
Ocean
Industries
Association
was
not
amused. 
NOIA
President
Erik
Milito told

Axios 
that
the
national-security
ramifications
of
the
offshore
projects
had
previously
been
appraised
as
part
of
a
regulatory
process
and
“every
project
under
construction
has
already
undergone
review
by
the
Department
of
Defense
with
no
objections.” 

It’s
almost
like
the
administration
is
ginning
up
national
security
concerns
that
don’t
really
exist,
huh?

Remember: Trump
has
justified
his
tariffs
in
part
because
of
national
security
concerns.
That
justification
is
correct
in
certain
contexts: We
need
a
domestic
steel
industry
for
purposes
of
defense;
in
times
of
war,
we
should
have
domestic
capacity
to
build
tanks.
If
we
impose
a
tariff
to
ensure
that
our
steel
industry
doesn’t
collapse,
that
seems
legitimate. But
does
it
truly
involve
national
security
to
impose
tariffs
on
toys
and
food
and
to
retaliate
for
Brazil
having
chosen
to
prosecute
Jair
Bolsonaro?

I
personally
think
that
the
world
is
better
off
when
government
officials
who
have
committed
crimes
are
put
in
jail,
although
I
understand
why
Trump
might
disagree
with
me
on
that
issue.

Trump
has
also
invoked
national
security
as
a
justification
for
beefing
up
border
enforcement;
designating
drug
cartels
as
foreign
terrorist
organizations
(which
justifies
using
military
force
against
the
cartels);
imposing
sanctions
on
Venezuela;
screening
new
immigrants;
and
so
on.

This
poses
a
problem
for
courts. The
president’s
power
should
legitimately
be
at
its
most
robust
in
areas
of
national
security. Defending
the
country
may
be
the
president’s
highest
priority.
Courts
properly
defer
to
presidents
who
act
to
solve
national
security
concerns.

But
what
should
courts
do
with
a
president
who
is
a
fabulist
and
asserts
“national
security”
to
justify
any
stray
policy
he
wants
to
enact?
Perhaps
courts
should
look
more
closely
at
whether
assertions
of
national
security
are
grounded
in
fact?

Otherwise,
to
borrow
from
Andy
Borowitz,
the
government
will
soon
invoke
national
security
as
the
reason
for
having
renamed
the
Trump-Beethoven
Seventh
Symphony.




Mark Herrmann spent
17
years
as
a
partner
at
a
leading
international
law
firm
and
later
oversaw
litigation,
compliance
and
employment
matters
at
a
large
international
company.
He
is
the
author
of The
Curmudgeon’s
Guide
to
Practicing
Law
 and Drug
and
Device
Product
Liability
Litigation
Strategy
 (affiliate
links).
You
can
reach
him
by
email
at [email protected].

Take Our Law Firm Compensation Survey! – Above the Law

We
are
hearing
lots
about

bonuses

at
Biglaw
firms
(and
a
few

elite
boutiques
)
these
days,
which
is
great

so
keep
those
tips
coming
in!

But
we
know
that
many
readers
work
in
small
and
midsize
firms
that
may
not
play
the
Biglaw
bonus
matching
game.
That’s
where
our
law
firm
compensation
survey
comes
in.

Every
year,
we
collect
compensation
information
from
solo
practitioners
and
small
firm
lawyers
for
our
annual

compensation
report
,
and
this
year
we
also
want
to
hear
from
attorneys
at
midsize
law
firms.

If you
are
a
lawyer
at
a
firm
with
fewer
than
250
attorneys,
please click
here
 to
take
this
brief, completely
confidential
survey
.

Feel
free
to
share
the
survey
with
colleagues
and
peers;
the
more
responses
we
receive,
the
more
comprehensive
the
information
we’ll
have
to
share.


Morning Docket: 12.29.25 – Above the Law

*
The
Supreme
Court
told
the
Trump
administration
it
couldn’t
deploy
national
guard
troops
to
police
cities.
[One
First
]

*
But
this
probably
won’t
amount
to
more
than
a
speed
bump
for
the
administration.
[The
Bulwark
]

*
Meanwhile,
Kavanaugh
used
this
opinion
as
an
opportunity
to
convince
people
to
stop
calling
his
racial
profiling
standard
a
racial
profiling
standard.
[Raw
Story
]

*
Epstein
files
reveal
Trump’s
first
administration
DOJ
put
reporter
under
surveillance
for
investigating
Epstein’s
crimes.
[Daily
Beast
]

*
Diddy
seeks
resentencing.
[National
Law
Journal
]

*
Under
a
standard
obligation
not
to
make
extrajudicial
remarks
about
Kilmar
Abrego
Garcia,
the
government…
immediately
makes
extrajudicial
remarks
about
Kilmar
Abrego
Garcia.
[Mother
Jones
]

*
Are
young
lawyers
lateraling
too
much?
Probably
not.
[New
York
Law
Journal
]

Why money politics may unravel Zimbabwe’s power retention template

ZIMBABWE
may
be
approaching
a
quiet
but
seismic
political
inflection
point
not
through
elections
alone,
not
through
mass
protest,
but
through
the
steady
rise
of zvigananda:
a
class
of
politically
connected
dealmakers
whose
power
flows
less
from
ideology
and
more
from
balance
sheets.

This
is
not
merely
a
change
of
faces.
It
is
potentially
a
change
of
logic.

For
decades,
Zanu
PF
has
ruled
through
a
carefully
preserved
institutional
memory,
one
forged
in
the
liberation
struggle,
sanctified
by
nationalism,
and
enforced
through
coercive
power
structures.
The
party’s
legitimacy
has
never
been
purely
electoral;
it
has
been
historical.
The
refrain
of
“we
fought
for
this
country”
has
been
both
shield
and
sword. Zvigananda do
not
speak
that
language.

From
the
liberation
war
itself
through
to
post-independence
consolidation,
Zanu
PF
has
relied
on
a
potent
mix
of
liberation
legitimacy
(“we
liberated
you”),
coercive
capacity
(army,
intelligence,
militias),
and
institutional
continuity
(party,
state,
security
fused).

Violence
was
not
accidental,
it
was
instrumental.
From
wartime
mobilisation
of
the
masses
to
post-2000
election
cycles,
coercion
served
as
the
ultimate
guarantor
of
power.
Even
when
ballots
were
used,
they
were
never
the
only
mechanism
in
play.

Crucially,
the
generals
and
the
security
establishment
were
not
just
muscle
they
were
ideological
custodians.
Power
rested
on
the
belief
that
the
state
itself
was
born
out
of
struggle,
and
therefore
any
challenge
to
the
ruling
party
was
a
challenge
to
the
nation.

That
architecture
has
a
memory.
And
memory
matters.

Figures
such
as
Kudakwashe
Tagwirei,
Wicknell
Chivhayo,
and
Paul
Tungwarara
represent
something
fundamentally
different.

Their
politics
is
not
forged
in
the
bush
but
in
boardrooms.
Their
legitimacy
is
not
ideological
but
transactional.
Their
influence
is
not
built
on
coercion
but
on
access.

Cars
are
gifted.
Cash
circulates.
Contracts
flow.
This
is
not
nationalism,
it
is
wheeler-dealing
capitalism
dressed
in
political
proximity.

Where
Zanu
PF
historically
relied
on
fear
and
mythology, zvigananda rely
on
inducement.
Vote
buying
replaces
coercion.
Patronage
replaces
mobilisation.
Loyalty
becomes
rented,
not
embedded.
That
distinction
is
not
cosmetic.
It
is
existential.

If
zvigananda
ever
consolidate
real
political
power,
they
may
unintentionally
dismantle
the
very
machinery
that
has
kept
Zanu
PF
in
office.
Why?
Because
they
do
not
understand
or
respect
the
old
spell.

They
lack
liberation
credentials.
They
do
not
command
organic
loyalty
from
the
security
sector.
They
prioritise
economic
power
over
ideological
control.

In
doing
so,
they
risk
hollowing
out
the
party’s
institutional
memory,
the
unwritten
rules
about
when
to
intimidate,
when
to
appease,
when
to
deploy
force,
and
when
to
retreat
tactically.

Money
can
buy
silence.
It
cannot
buy
belief.
And
belief
is
what
kept
the
system
intact
during
crises.

Zvigananda
need
stability
to
protect
capital.
Generals
needed
power
to
protect
the
state.
That
is
not
the
same
incentive
structure.

If
political
control
becomes
subordinate
to
economic
convenience,
hard
questions
emerge.

If
the
army
is
no
longer
the
ideological
power
behind
the
throne,
who
enforces
order?
If
loyalty
is
transactional,
what
happens
when
the
money
runs
dry?
If
nationalism
is
abandoned,
what
narrative
fills
the
vacuum?

History
shows
that
regimes
fall
not
when
they
are
hated,
but
when
they
lose
the
capacity
and
the
will
to
defend
themselves.

If
Cde
Nhamoyapera
cannot
“finish
Nhamo”
in
three
years,
what
replaces
the
liberation
myth?
Development?
Vision?
Prosperity?

Those
require
delivery,
not
slogans.
And
delivery
is
unforgiving.
Liberation
rhetoric
can
excuse
failure
for
decades.
Economic
legitimacy
cannot.
Once
politics
becomes
about
performance
rather
than
history,
the
margin
for
error
collapses.

Perhaps
the
most
dangerous
consequence
of zvigananda dominance
is
psychological.
Zanu
PF’s
power
has
always
rested
on
the
anticipation
of
force,
not
just
its
use.
Remove
the
generals
as
ideological
anchors,
reduce
politics
to
gifting
and
deals,
and
fear
dissipates.
And
when
fear
fades,
uprisings
no
longer
need
permission.

The
rise
of zvigananda may
look
like
modernisation,
pragmatism,
even
reform.
In
reality,
it
could
be
the
unravelling
of
a
system
that
only
ever
worked
because
it
understood
one
brutal
truth:
power
is
not
only
bought
it
is
remembered,
enforced,
and
believed
in.

Money
can
open
doors.
But
it
cannot
replace
mythology.
And
when
mythology
collapses,
regimes
do
not
reform.
They
fall.