Emerging Legal Practices: AI, Digital Media and ESG
A pioneering lawyer in each of these fast-rising practices talks about the scope of these fields and how to jumpstart a career in them.
Artificial Intelligence Law
By Lim Seng Siew, Director, OTP Law Corporation
Seng Siew is a civil and commercial lawyer who focuses on technology-related matters. He is an expert on AI-use both inside and outside the legal fraternity and also an accredited specialist in data and digital economy law.
As newly qualified lawyers embark on their careers, many are curious about the future areas of law they will be practising in. Artificial Intelligence law or “Al law” is often cited as a field with promising growth potential. But what exactly is AI law, and how does it differ from so called traditional areas of legal practice?
At its core, AI refers to innovative technology capable of performing tasks traditionally requiring human intelligence, such as decision-making, visual perception and voice recognition. While AI has not yet reached the stage of “artificial general intelligence” where machines can truly think like humans, the field continues to evolve rapidly. This evolution raises important questions about governance, regulation and ethical considerations surrounding the use of AI technologies.
Governance frameworks such as the Model AI Governance Framework for Generative AI recently released by Singapore in May 2024 and similar initiatives in countries like the UAE, China, Australia and Brazil highlight the global interest in regulating AI. The European Union’s Artificial Intelligence Act, passed in March 2024, is a significant legislative effort aimed at addressing the ethical and legal challenges posed by AI.
One of the key characteristics that sets AI law apart from traditional legal fields is its dynamic nature. AI technologies evolve swiftly, requiring lawyers who want to practise in this area to stay abreast of the latest developments in both AI technology and AI law. Moreover, the global nature of AI necessitates an understanding of the laws and regulations across different jurisdictions.
AI law also intersects with established laws such as contracts, intellectual property, insurance, criminal law and tort law. For instance, in the case of autonomous vehicles, questions about liability, intellectual property rights, and contractual obligations arise, underscoring the complexity of AI’s interaction with such traditional areas of law. The numerous parties (such as the vehicle “driver”, the passengers, the vehicle manufacturer, the AI developer, the insurers, the other drivers, the pedestrians, and traffic police) involved in the use of autonomous vehicles on public roads requires consideration of each party’s obligations and the allocation of risk among the parties.
A successful AI lawyer must navigate this complex landscape by combining specialised expertise in AI law with a broad understanding of these established areas of law. This requires a deep dive into the intricacies of AI technology, legal frameworks and policy considerations that underpin AI applications and creatively apply established legal principles to them.
Furthermore, an AI lawyer also can shape the future of AI law. This involves engaging in policy discussions, participation in seminars, conferences and discussions with peers and experts. Participation in such matters will help the policy makers decide on the direction AI law should take. Using the autonomous vehicle example, if risk is only allocated to the vehicle manufacturer and the AI developer, it can stifle innovation. On the other hand, if risk is allocated to the insurers, it can drive up insurance premiums and drive up the cost of doing business for those who rely on road transportation for their business.
Ultimately, AI law presents a compelling opportunity for young lawyers to contribute to the development of the law that governs the use of AI responsibly and ethically. By embracing the multidisciplinary nature of AI law and actively shaping policy decisions, young and creative lawyers can play a pivotal role in advancing this dynamic field.
Internet and Digital Media Law
By Fong Wei Li, Managing Director, Forward Legal LLC
Wei Li has a deep interest in internet and digital media law. His practice services multiple stakeholders in this area, from media and e-commerce companies to content creators and news sites.
From TikTok and LinkedIn to Netflix and Lazada, digital media is now integral to our personal and professional lives. They shape how we communicate, socialise and do business. Correspondingly, internet and digital media law is rapidly growing as a practice area.
This evolving field tackles legal issues arising from the use of the internet and digital technologies, spanning data privacy, cybersecurity, online content regulation, intellectual property and digital transactions.
In data privacy, for example, a lawyer might work with a healthcare provider to develop a new patient management system. The lawyer ensures compliance with relevant data protection and privacy laws and helps draft privacy policies and data protection agreements to manage patient information securely.
In cybersecurity, lawyers often advise clients on how to protect against and respond to cyber threats. A financial institution facing a ransomware attack might seek legal counsel to understand compliance obligations, handle the breach and mitigate further risks. The lawyer guides the institution through notifying affected customers, coordinating with cybersecurity experts and liaising with regulatory bodies.
Online content regulation is another critical area. Lawyers help companies navigate what can and cannot be published online. Content creators and social media platforms might engage a lawyer to review their content and policies to ensure compliance with laws against defamation, hate speech and other harmful content. Lawyers also act for victims of online harms, such as cyberbullying and defamation, in complaints and court cases, helping them obtain protection or restore their reputations. On the policy front, lawyers may help shape laws and regulations to curb threats posed by emerging technologies like deepfakes and AI.
Digital transactions also demand legal expertise. Lawyers might work with e-commerce businesses to draft and review contracts related to online sales and advise on compliance with consumer protection laws. Contemporary issues such as scams, fraud and money laundering are also prevalent. An e-commerce platform facing fraudulent transactions or scams might need legal assistance to develop fraud prevention policies and implement security measures. Lawyers can draft terms and conditions outlining the company’s fraud and scam policies, providing a legal framework to handle such incidents effectively. In fraud cases, lawyers represent the company to resolve disputes and recover assets.
To excel in this area, lawyers need both technical knowledge and legal expertise. Technical proficiency is essential. Lawyers must understand how digital platforms and technologies work in order to provide accurate advice. For instance, advising on e-commerce requires familiarity with payment systems and their security protocols. Specialising in data protection means understanding various data safeguarding technologies. Knowledge of social media platforms and how content is shared and transmitted is crucial for advising on content regulation.
Regulatory knowledge is equally important. Lawyers must stay updated on local and international laws affecting digital activities. As technologies evolve and new regulations are constantly enacted, it is crucial for lawyers to keep up with the changing regulatory landscape. Singapore, for example, has recently introduced several laws targeting content regulation, with more to come. Awareness of international regulatory regimes is also vital since the internet cuts across borders, often requiring international harmonisation.
Young lawyers interested in this field can take several practical steps to build a successful career. Finding a mentor or joining a firm with an active practice in internet and digital media law is a good start. Reading widely beyond the law, especially on developments in media, internet and digital technologies, is essential. Regularly following industry news, subscribing to relevant journals and engaging with online resources can keep you informed. Networking with companies and professionals through conferences, seminars and online forums helps build a robust professional network and provides learning opportunities.
It is also crucial to have an open mind and be curious and creative. Embrace continuous learning, ask questions and explore innovative solutions to legal issues. By staying adaptable and proactive, young lawyers can significantly contribute to the growing field of internet and digital media law.
Environmental, Social and Governance Law
By Kelly Ho, Managing Director, KEL LLC
Kelly manages a practice that advises businesses in energy, construction, engineering, tech and retail. She is a leading lawyer in ESG law, having helped clients respond to and address legal concerns in this field.
Having served as in-house counsel for a major retailer, I navigated the complex waters of environmental, social and governance (ESG) issues first-hand. Engaging with NGOs, I witnessed the growing scrutiny from various stakeholders demanding greater corporate responsibility. Transitioning into private practice, I have advised clients in the construction and carbon emissions industries, reflecting the ever-expanding scope of ESG.
The legal landscape is swiftly evolving to accommodate the rising importance of ESG considerations. As lawyers, our role is pivotal in guiding clients through these uncharted territories.
Here are three key areas where we can make a significant impact:
1. Regulatory Compliance and Risk Management
The regulatory environment around ESG is becoming increasingly stringent. Governments worldwide are enacting laws aimed at curbing carbon emissions, protecting human rights and promoting ethical governance. For instance, the European Union’s Corporate Sustainability Reporting Directive (CSRD) imposes detailed sustainability reporting requirements. Large companies, as well as listed SMEs, will be required to report on sustainability, including non-EU companies generating over EUR 150 million in the EU market.
In Singapore, ESG regulations are also on the rise. The Monetary Authority of Singapore (MAS) has implemented guidelines on environmental risk management for banks, insurers and asset managers. Additionally, for listed companies with financial years commencing between 1 January and 31 December 2024, the Singapore Exchange (SGX) mandates climate reporting for the financial, agriculture, food and forest products, energy, materials and buildings, and transportation industries. For other listed companies, climate reporting is on a “comply or explain” basis.
Lawyers can assist clients by:
- Ensuring compliance with existing and upcoming regulations.
- Conducting thorough ESG audits to identify and mitigate risks.
- Advising on best practices to meet regulatory expectations and avoid potential penalties.
By staying abreast of legislative developments and guiding clients in implementing robust ESG policies, lawyers can help businesses navigate regulatory complexities effectively.
2. Strategic Integration of ESG in Business Models
Beyond compliance, integrating ESG into the core business strategy is crucial for long-term sustainability and competitive advantage. This integration requires a deep understanding of how ESG factors impact the business and its stakeholders.
Lawyers can provide value by:
- Advising on the incorporation of ESG criteria into corporate governance frameworks.
- Assisting in the development of sustainability initiatives that align with the company’s goals.
- Facilitating stakeholder engagement to ensure that ESG strategies resonate with investors, customers and employees.
By fostering a holistic approach to ESG, lawyers can help companies build resilient and responsible business models.
3. Navigating Carbon Markets and Emission Trading
The carbon emissions space is a critical aspect of the global effort to combat climate change. Carbon markets and emission trading schemes offer businesses a way to offset their carbon footprint while incentivising reductions in greenhouse gas emissions.
Lawyers can play a crucial role by:
- Advising on participation in carbon markets and compliance with emission trading schemes.
- Structuring carbon offset projects and ensuring they meet relevant standards.
- Negotiating and drafting contracts related to carbon credits and renewable energy certificates.
With expertise in environmental law and market mechanisms, lawyers can guide clients through the complexities of carbon trading and help them achieve their sustainability targets.
The ESG landscape is dynamic and increasingly integral to corporate success. There is ample opportunity for lawyers to step into advisory roles, ensuring that businesses not only comply with regulations but also embrace ESG as a strategic asset. As we move forward, the demand for legal expertise in ESG will only grow, opening up exciting avenues for practice and making a positive impact on society and the environment.
Lawyers are well-positioned to be at the forefront of this transformative journey, guiding clients towards sustainable and ethical practices that benefit all stakeholders. The ESG space is not just a regulatory challenge; it is an opportunity for lawyers to contribute to a more sustainable future.
