The EVP shares what she considers to be the top risks AI poses to the profession
Elizabeth O’Callahan got her start in the law out of a desire to help people address challenges. She went on to concentrate on in-house legal work, which would lead her to cloud data service provider NetApp.
Today, she heads up the company’s legal, compliance, government affairs, HR, communications, and sustainability functions as executive vice president, chief administrative officer and corporate secretary. In the first part of this interview, O’Callahan tells Australasian Lawyer how she started working with AI and lists what she considers to be the top risks it poses to the legal profession.
What made you choose a career in law?
I was drawn to law because I was interested in a career that was intellectually challenging and one that allowed me the opportunity to serve others, basically to help people overcome challenges and obstacles. I really love solving problems, and at the heart of the practice, law is taking complex problems, breaking them down and delivering the outcomes that the client wants. I find this personally and professionally rewarding. I have also found that in-house practice allows me to pair that interest in problem-solving with a practical focus on enabling strategy and execution.
How were you introduced to AI in general?
Probably like anyone else – AI has been embedded within the technologies we use for a very long time. Generative AI has been the real game changer. I have been working in technology in Silicon Valley for most of my career, and at NetApp for nearly half of that time, so I have been fortunate to be involved in the cutting edge of technological developments as they have emerged. At NetApp, since AI is powered by data, it became a natural progression for us to help our customers solve their problems with our products and services. It is our mission to enable our customers to derive value from their data, and what we do allows our customers to bring AI to their data and get that value.
From a company-wide perspective, this ranges from exploring how AI can help us work more efficiently and deliver better outcomes for customers to enable businesses to better leverage data for AI. In my day-to-day work, our legal team collaborates closely with engineering, IT and security on the governance of GenAI tools and data, ensuring both NetApp and our customers are responsible when it comes to AI use.
What in your opinion are the top three risks AI poses to the profession, and what do you think are the most common challenges in-house lawyers face when it comes to AI adoption in their organisations?
The top three risks are: accuracy and reliability, data protection and confidentiality, and the tension between innovation and risk aversion.
Accuracy and reliability are ongoing challenges due to AI hallucinations, lack of source transparency, and data quality, which necessitate human review and proper guardrails for effective usage. Intellectual property ownership, privacy and confidentiality are paramount concerns.
At NetApp, our robust data governance helps address these issues, ensuring responsible AI use. Additionally, the tension between these risks, among others, and wanting to innovate can lead to paralysis at a time when standing still is not an option. Legal teams can bridge this by providing training, guidance, and helping with tool selection to allow for responsible use of AI. The legal team can also help foster an empowering, educational environment, within the organisation and across the wider ecosystem.
