Legal Tidbit:
On October 2, 1967, Thurgood Marshall was sworn in as the nation's first Black Supreme Court justice. Marshall, previously a civil rights attorney, was appointed by President Lyndon Johnson and served until October 1, 1991, when he was succeeded by Justice Clarence Thomas.
This Week:
- Did Apple deal a fatal blow to upstart social media apps?
- OpenAI closes a new round of financing
- Billing rates continue to climb
📱 TECH
Closed Contacts
With the roll out of Apple's latest mobile OS (iOS 18), a key—if obscure—feature has some wondering if it spells the end for new social media apps.
To back up a minute, as Kevin Roose writes in the New York Times, the "contact sync" feature of iPhones had allowed social media start-ups in the past to "find their footing, by quickly connecting millions of iPhone users to people they already knew, and suggesting other users for them to follow. That early momentum helped kick-start their viral growth, propelling them to the top of the App Store charts."
As Nikita Bier, a start-up advisor, lamented on X: "RIP Social Apps, 2005-2023." He added that the number of people willing to share their contacts with new apps has "nose-dived", but signaled an area of hope. "From the handful of dashboards I've seen, the retention rates on AI companion/girlfriend apps are extraordinary. …For better or for worse, LLMs might be the new Contact Sync. If we can't find our friends on apps anymore, people will find something else to talk to."
But how many new social media apps are there really? Seems pretty hard to compete with TikTok, Instagram, Snapchat, and X at this point. Still, for those who tried, 9to5Mac writes, "Apple is ultimately helping ‘make the rich richer,’ in a sense." That's not to say Apple made an unnecessary choice. In fact, 9to5Mac continues, "maybe there are tweaks to the permission process that could make things more user-friendly, but overall, the move toward greater transparency and granularity with contact sharing seems like a very good thing."
"Of course, iPhone users can still upload their whole address books if they choose," Roose adds in the Times. "(There’s also Android, which still requires users to make an all-or-nothing choice.) But it’s reasonable to assume that the added friction of a second screen will result in fewer contacts being shared."
Privacy Concerns
Apple's contact sync move comes amid a larger wrestling by the Tech giant with privacy matters. In 2021, Apple sued NSO Group, an Israeli firm which makes the notorious spyware Pegasus. Apple claimed at the time that "NSO Group and its clients devote the immense resources and capabilities of nation states to conduct highly targeted cyber-attacks, allowing them to access the microphone, camera, and other sensitive data on Apple and Android devices,” reports InfoSecurity. However, earlier this year, Apple dropped the suit citing risks to its Threat Intelligence program. As InfoSecurity adds, Apple believes the case may publicly reveal "sensitive information relating to its cyber defensive measures" that other spyware makers could use.
Verdict
Apple's move to limit contact sharing with apps is in line to the company's "privacy-first" ethos. And though it does seem to favor existing social media apps like TikTok and Meta's app suite, new upstarts to the space were already limited.
🤖 ARTIFICIAL INTELLIGENCE
OpenAI Doubles
With the completion of its latest funding round, Silicon Valley darling and AI pioneer OpenAI has nearly doubled its valuation from earlier this year (and almost quintupled it from 2023) to land at $157 billion.
As CNBC reports, the names of those involved in the $6.6 billion funding round were not released in this week's press release, but Thrive Capital led the round with participation from Microsoft, Nvidia, and SoftBank.
“The new funding will allow us to double down on our leadership in frontier AI research, increase compute capacity, and continue building tools that help people solve hard problems,” OpenAI wrote in the press release.
Beyond leading the investment round, Reuters details that Thrive Capital received a special deal "to invest another $1 billion next year at the same valuation if the AI firm hits a revenue goal."
While that revenue target was not revealed, Reuters notes that OpenAI's "flagship product, ChatGPT, is expected to bring in $2.7 billion in revenue this year, jumping from $700 million in 2023. The chatbot service, which charges a $20 fee every month, has about 10 million paying users."
In addition to the new funding, OpenAI has "long been in talks to restructure itself as a for-profit company. But that is not expected to happen until sometime next year, according to two people with knowledge of the company’s plans. Under the terms of the new investment round, OpenAI has two years to transform into a for-profit business or its funding will convert into debt," writes the New York Times.
Non-Compete Investment?
In a rare move, OpenAI asked its investors to not invest in rival companies like Anthropic or Elon Musk's xAI, reports the Financial Times.
Additionally, "two AI applications firms, including AI search startup Perplexity and enterprise search firm Glean, were also named in OpenAI's conversation with investors, suggesting OpenAI plans to sell more of its tools to enterprises and end users to grow revenue streams."
Verdict
It show come as no surprise that the darling of Silicon Valley and the leader of the current AI boom has seen its valuation skyrocket over the last two years. However, as the company continues to grow, the pressure is mounting to prove that its revenue model is sustainable.
💼 INDUSTRY
High Costs
No, it's not just you to notice—billable rates are rising. And it's not just senior partners' rates, but associates too.
In a report by Valeo Partners says that hourly rates at some Big Law firms will approach $3,000 an hour for senior partners, and $1,000 an hour for associates.
"More demand in M&A and transactional practices, as well as law firm mergers and increasing demand to pay top-performing talent, are pushing billing rates higher, some observers say," notes Law.com. The rate increases amount to some 10-13% in the new year, they add, for most of the Am Law 30 firms.
A report earlier this year showed that rates have gone up not just for the top 50 firms, but across the industry and even across positions. "The mean rate for partners saw the most significant increase, growing from $768 in 2022 to $784 in 2023," stated the analysis conducted by ELM Solutions. "Paralegals experienced the second-largest bump, with an average rate of $263 in 2023, up from $252 in 2022."
"There is really no indication that such a cooling is likely in 2024," Thomason Reuters reported earlier this year. "The pace of rate growth might be unsustainable long-term, but clients have agreed to them up to this point, with no real display of meaningful pushback." And the 2025 appears to be no different.
As Law.com explains, a slew of mergers may explain the rate increase, but the cost of talent is a major driver as well. "In order to keep that profit margin you're going to have to have that retention [of talent], and the more people are willing to pay for it, the law firms are going to push for that," Jennifer McIver, director of legal operations/industry insights for ELM Solutions, noted. She added that the trend may break in part on if/when clients begin diverting more work to smaller (re: less expensive firms) and ALSPs like Lawtrades, and if clients begin asking for rate caps.
"If the problem is how quickly lawyers raise their rates—rather than how high they end up—smaller firms with historically lower rate structures will always be in a bind," says Roy Strom, writing for Bloomberg Law. "Because there’s no sign that firms with the highest rates will slow down. [Josh] O’Connor, the fee expert, told me that at the top of the legal industry 'there is no downward pressure on rates.'"
Verdict
The solution to high (and increasing) legal rates is Lawtrades and other ALSPs who can help with a variety of casework. As firm mergers and a shrinking talent pool keep pressure on rates to go up, finding new ways to leverage outside counsel and ALSPs can manage costs for your legal department.
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