Published Articles

I’ve had the pleasure of contributing articles to a variety of publications, where I dive into topics that are shaping the future of legal practice. Below are some of my recent pieces where I explore the intersection of law, technology, and business.

2025

• Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope – Greater Phoenix InBusiness, March 6, 2025
  In this article, I take a close look at the latest updates on the Corporate Transparency Act, what’s changing, and how it could impact businesses.
  

• NIL Agents: The Good, the Bad, and the Unregulated – Fennemore Blog, March 4, 2025
  Here, I examine the emerging world of NIL rights for student-athletes, highlighting the need for better regulation in this space.
  

• Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets – Phoenix Business Journal, March 1, 2025
  In this article, I share how Arizona businesses should prepare for the regulatory changes surrounding AI-based digital assets.
  

• Lessons From Developing A CTA Compliance Application – Law360, February 12, 2025
  I offer insights into the process of developing a Compliance Tracking Application that helps businesses meet new regulatory requirements.
  

• “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025
  

  

View Full Article Archive →

Speaking Engagements & Presentations

In addition to writing, I also speak at conferences, panels, and webinars where I explore the intersection of law and technology. Below are a few highlights of past presentations, where I’ve shared my thoughts on topics like AI, blockchain, and digital assets.

Past Presentations

• The Ethics of AI in Legal Practice – Second Western Agricultural & Environmental Law Conference, June 14, 2024
  I explored the ethical implications of using AI in the legal field, discussing both the risks and the necessary precautions.
  

• LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements – May 17, 2024
  This presentation delved into how AI is reshaping legal work, with a focus on new pricing models like alternative fee arrangements.
  

• SCG Legal – AI Working Group: AI and Ethics Panel Discussion – May 23, 2024
  During this panel, I discussed the ethical challenges and future possibilities of AI in the legal industry.
  

• Bitcoin – A Case Study – Blockchain & Cryptocurrencies Law & Policy, ASU Law School, September 10, 2024
  I provided an in-depth look at Bitcoin, analyzing its legal implications and what businesses and legal professionals need to know.

  

View Full Presentation Archive →

I’ll keep this section updated with new articles and presentations as I continue to explore the evolving world of law and technology. Stay tuned for more!

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Introduction

In my last two posts, I discussed the importance of bridging bias in AI systems with responsible human oversight and examined the evolving nature of the American justice system. The common thread in both discussions was that technological solutions, coupled with human input, often yield better outcomes than either human judgment or AI alone. This same principle can readily apply to something near and dear to many of us: sports.

From Referee to RHLF: A New Take on Officiating

The notion of reinforcement learning from human feedback (RLHF)—where an AI model refines its decision-making by learning from real-world responses—has intriguing potential in sports. Traditionally, referees and umpires make instantaneous calls, often with limited visibility or under high-pressure circumstances. Instant replay reviews help mitigate error, but they are still limited to a few officials interpreting the footage. RLHF offers a chance to infuse broader perspectives—particularly from fans—into in-game decision-making.

In sports, the human feedback component typically comes from:

1. Referees/Umpires/Video Officials: The official, traditional source of rulings.

2. Coaches/Players: They provide real-time reactions (and challenges in some sports) to referee calls.

3. Fans: While traditionally relegated to cheering and jeering, fans are an enormous reservoir of collective observation that could be harnessed more effectively.

The Hypothetical “Crowd Wisdom” Replay System

Imagine a platform, integrated into broadcast and streaming apps, that invites fans to weigh in on contested plays in real time. Immediately after an official initiates a review:

1. AI Analysis: A custom AI model—trained on thousands of game scenarios—makes an initial determination about the call.

2. Expert Reviewer: A “lead referee AI” (trained through RLHF) presents the most likely ruling based on historical data, angles, and context (e.g., time remaining, type of foul or violation).

3. Fan Polling: Fans watching the game receive a prompt on their devices, displaying the relevant replay footage from multiple angles. They cast a vote on the correct call (e.g., foul, no foul, goal, no goal, offside, safe, out, etc.).

4. Aggregated Decision: The system weights the AI’s call, the lead officials’ input, and fan votes to arrive at a recommended ruling.

The key difference from current officiating systems (such as the NFL’s replay command center, MLB’s video review room, or soccer’s Video Assistant Referee (VAR)) is the addition of fan-based crowdsourcing to enhance the decision. This “wisdom of the crowd” approach—popularized by James Surowiecki’s The Wisdom of Crowds—posits that large groups of diverse, independent observers can reach surprisingly accurate conclusions.

Preventing “Fan Gaming”: Mitigation Strategies

Of course, sports fans are famously partisan. The largest risk in leveraging their feedback is that a majority of fans may vote reflexively in favor of their preferred team, skewing the results. To address this issue, consider the following safeguards:

1. Weighted Voting and Reputation Scores

   • Each fan’s vote could carry a dynamic “reputation score” that increases over time for accurate calls and decreases for proven inaccuracies or biases.

   • Fans who consistently vote in line with the eventual correct decision (as determined by official reviews) earn higher credibility. Overly partisan voters see their weighting decrease.

   • Similar “karma” or “reputation” systems exist on social platforms (e.g., Reddit) and in some online games, indicating real-world viability.

2. Blind Voting

   • During the replay, the system may anonymize which team stands to benefit. For calls like “Out or Safe?” in baseball, fans may only see the relevant part of the clip (runner approaching base) without scoreboard context.

   • Masking team logos, colors, or names in certain angles can diminish knee-jerk team loyalty. In high-stakes situations, a slight delay or partial data approach can help ensure fans vote on the action rather than the team.

3. Demographic and Location Balancing

   • The system can track the geographic location of voters or their self-identified fan affiliation (if disclosed in a profile). Votes from the same region or known fan affiliation can be proportionally balanced by neutral or opposing viewpoints.

   • If 70% of votes come from a single region known to favor a specific team, the algorithm rebalances the result by weighting external regions more heavily.

4. AI-Driven Anomaly Detection

   • The system can incorporate anomaly detection algorithms to flag suspicious voting spikes or patterns. For instance, if thousands of new accounts suddenly appear mid-game to sway a call, these votes could be discounted.

   • Similar real-time anomaly detection technology is used in cybersecurity for distributed denial-of-service (DDoS) attacks.

5. Limited Influence

   • Even with crowdsourcing, the final call might remain with an official or an AI-official system that integrates multiple data points. Fan input is part of the puzzle, not the only determinant.

Potential Benefits and Considerations

1. Enhanced Transparency and Inclusivity
   By allowing fans to actively participate in the officiating process, leagues could foster deeper fan engagement. This heightened sense of involvement might lead to greater trust in the fairness of outcomes.

2. Real-Time Feedback Loop
   With thousands or millions of eyes on the replay, the AI system benefits from immediate reinforcement learning. Over time, the model refines its predictive power on disputed calls, identifying new patterns or angles that humans might miss.

3. Ethical and Technological Hurdles

   • Data Privacy: Collecting and processing fan data in real time requires robust encryption and compliance with data protection laws (e.g., GDPR, CCPA).

   • Internet Access and Connectivity: Relying on fan input could disadvantage those with limited broadband or streaming capability, raising fairness questions for global sports.

   • Implementation Costs: Designing and maintaining a real-time high-capacity polling system can be expensive and technologically complex.

Research and Evidence Base

1. VAR (Video Assistant Referee) Studies

   • Academic analyses of VAR in soccer have shown that technology-assisted decisions reduce errors but introduce new controversies regarding transparency and delays.

   • Source: Kolbinger, O., & Link, D. (2021). “VAR—Video Assistant Referees in Elite Soccer: A Medical or Technical Problem?” Frontiers in Sports and Active Living.

2. Wisdom of Crowds

   • James Surowiecki’s seminal work demonstrates that aggregated input from diverse groups often outperforms individual experts.

   • Source: Surowiecki, J. (2004). The Wisdom of Crowds. Anchor Books.

3. Crowdsourcing and Reputation Systems

   • Numerous scholarly articles investigate how crowdsourcing platforms (e.g., Mechanical Turk) maintain quality control via reputation or weighting systems.

   • Source: Mason, W., & Suri, S. (2012). “Conducting Behavioral Research on Amazon’s Mechanical Turk.” Behavior Research Methods.

4. Reinforcement Learning from Human Feedback (RLHF)

   • While widely discussed in AI ethic circles, RLHF has also been tested in content moderation and games to refine AI decision-making.

   • Source: Christiano, P., Leike, J., Brown, T., Martic, M., Legg, S., & Amodei, D. (2017). “Deep Reinforcement Learning from Human Preferences.” Advances in Neural Information Processing Systems (NIPS).

Conclusion

By merging AI-driven replay analysis with crowdsourced fan feedback, sports leagues could make officiating both more transparent and more engaging. While partisanship among fans is an undeniable reality, carefully designed weighting, anonymity measures, and anomaly detection can mitigate unfair manipulation. If implemented responsibly, this approach would not only reduce errors in crucial moments but also harness the “wisdom of the crowd” to heighten the thrill and fairness of competitive sports.

Just as the American justice system grapples with integrating technology while preserving due process, sports officiating can evolve in a similar way—merging cutting-edge AI with well-structured human (and fan) input. The result could be a system that both speeds up officiating and reinforces the trust and excitement that keep us tuning in, cheering, and debating, season after season.

Further Reading

• Professional Referee Organization (PRO): Publications and guidelines on VAR usage in soccer, detailing how officials incorporate technology.
  Source: www.proreferees.com

• NBA Replay Center: Explains how multi-angle replays are processed and officiated.
  Source: official.nba.com

• MIT Sloan Sports Analytics Conference: Annual research and presentations on data-driven innovations in sports, including officiating technologies.
  Source: www.sloansportsconference.com

By drawing lessons from existing replay systems, crowdsourcing platforms, and RLHF best practices, sports leagues can chart a path toward a more robust, participatory officiating model.


Articles and Presentations

• Author, “Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope,” Greater Phoenix InBusiness, March 6, 2025

• Co-Author, “NIL Agents: The Good, the Bad, and the Unregulated,” Fennemore Blog, March 4, 2025

• Author, “Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets,” Phoenix Business Journal, March 1, 2025

• Co-Author, “A patchwork of name, image and likeness agent regulations leaves student-athletes largely unprotected,” Phoenix Business Journal, March 1, 2025

• Author, “Lessons From Developing A CTA Compliance Application,” Law360, February 12, 2025

• Author, “The New Administration’s Impact on AI and Digital Assets,” Greater Phoenix InBusiness, February 2025

• Presenter, “The 2025 Forecast for the Legislative Session,” Arizona Corporation Commission, January 31, 2025.

• Presenter, “The World of AI: Benefits and Perils for General Counsel,” Arizona Corporation Commission, January 31, 2025.

• Author, “Lessons from Developing A CTA Compliance Application,” Law360, January 27, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” AZ Big Media, January 14, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” Arizona Capitol Times, January 13, 2025

• Author, “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025

• Quoted, “For small business owners in Arizona and elsewhere, Jan. 1 disclosure rule not in effect,” AZ Central, December 20, 2024

• Moderator, “Innovation at Small and Mid-Sized Law Firms,” The Legal Tech Fund Summit, December 2024

• Presenter, “DEFI, Stable Coins and NFTs, Blockchain and Patents,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, November 5, 2024

• Presenter, “Hadera AI Working Group: AI, Smart Contracts and Digital Assets,” November 5, 2024

• Presenter, “Supply Chains, Blockchains and Real Estate,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 22, 2024

• Presenter, “Smart Contracts, Blockchains and AI,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 8, 2024

• Presenter, “Bitcoin – A Case Study,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, September 10, 2024

• Presenter, “The Ethics of AI in Legal Practice,” Second Western Agricultural & Environmental Law Conference, June 14, 2024

• Panelist, “SCG Legal – AI Working Group. AI and Ethics panel discussion,” May 23, 2024

• Presenter, “LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements,” May 17, 2024

• Author, “As March Madness concludes, athletes and businesses looking for NIL deals should consider these legal risks,” Phoenix Business Journal, April 4, 2024

• Author, “Name, Image and Likeness (NIL) Compensation for Student Athletes,” Arizona Attorney Magazine, April 4, 2024

• Presenter, “AI Legal Tech for In House Counsel,” March 19, 2024

• Presenter, “CLE: Litigation update: Name, Image and Likeness & NCAA,” March 7, 2024

• Presenter, “Digital Assets, AI And Technology solutions for Trusts and Estates,” January 16, 2024

• Author, “Corporate Transparency Act takes aim at financial crime,” Capitol Times, January 12, 2024

• Author, “Considerations for Business and Student Athletes – Negotiating Name Image and Likeness Deals,” NIL Deals, January 4, 2024

• Author, “What You Need to Know About Corporate Transparency Act,” Phoenix Business Journal and Horizon, January 2, 2024

• Author, “Corporate Transparency Act to Enhance Economic Transparency in Business,” Arizona PBS, January 2, 2024

• Author, “Fennemore exec down new Corporate Transparency Act requirements,” Phoenix Business Journal, January 2, 2024

• Author, “How to prepare for implementation of the Corporate Transparency Act on Jan. 1,” AZ Big Media, December 20, 2023

• Featuring, “Student Athletes and Getting Paid for Their Name,” New At 3, November 9, 2023

• Featuring, “Blockchain Beyond Business: A Look at ASU’S Relationship with Cybersecurity Technology,” The State Press, March 21, 2023

• Author, “Legacy Businesses: Setting up baby boomers for success,” Lovin’ Life After 50, November 14, 2022

• Featuring, ” Legacy Businesses for 55+,” Arizona PBS, September 27, 2022

• Featuring, “The Importance of a Proper Business Exit Strategy,” Next Avenue, September 13, 2022

• Author, “How Baby Boomers can set up success in the sale of legacy businesses,” Daily Independent, August 26, 2022

• Author, “Setting Baby Boomers up for success in the sale of legacy businesses,” Arizona Digital Free Press, August 2022

• Author, “Setting Baby Boomers Up for Success in the Sale of Legacy Businesses,” inBusiness, August 2022

• Co-Author, “Experts: Is it OK to pay your employees in Bitcoin?” Daily Independent, June 2, 2022

• Co-Author, ” Is it OK to pay employees in Bitcoin?” AZ Big Media, May 26, 2022

• Co-Author, “Is it time to start paying your employees in cryptocurrency?” Phoenix Business Journal, May 24, 2022

• Author, “My View: Purchasing NFT art and sports memorabilia is the rage — but buyer beware,” Phoenix Business Journal, April 20, 2022

• Quoted, “So, you want to take your paycheck in bitcoin?” Morning Brew, March 31, 2022

• Interview, “Britney Spears Conservatorship Hearing,” Fox 10 Phoenix, November 18, 2021

• Author, “My View: Why Bitcoin is gaining critical legitimacy as new asset class,” November 9, 2021

• Interview, “Britney Conservatorship Hearing,” Fox 10 Phoenix, August 19, 2021

• Quoted, “Britney Conservatorship Hearing,” Fox 10 Phoenix, June 23, 2021

• Podcast, “Lessons Learned from the Rich and Famous with David McCarville,” Fenn.Talks Podcast, June 17, 2021

• Interview, “At the Center of a Paradigm Shift,” Fennemore Blog, June 10, 2021

• Interview, “Attorney David McCarville speaks about the importance of designating a power of attorney,” Arizona PBS, May 26, 2021

• Quoted, “Will Bitcoin Ever Be Accepted Widely as a Form of Payment?” GO Banking Rates, April 29, 2021

• Quoted, “Twitter CEO Jack Dorsey’s first tweet sold for $2.9 million on Sunday. The buyer said it’s the Mona Lisa of tweets,” Insider, March 24, 2021

• Author, “Hospitals Required to Provide Patients With Transparent Pricing,” Fennemore Client Alert, September 2, 2020

• Quoted, “Why Do Enterprise Blockchain Systems Fail? (Exclusive),” E-Crypto News, June 9, 2020

• Quoted, “Demystifying Cryptocurrencies: Promise and Potential Lead to Growing Appeal,” Destination CRM, May 29, 2020

• Presenter, “Key Blockchain Concepts for Corporate Counsel,” Association of Corporate Counsel, March 12, 2020

• Presenter, “The Future of the Practice of Law and Blockchain Technology,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, December 2, 2019

• Presenter, “Blockchain Technology as a Legal Tool,” Valley Estate Planners, November 21, 2019

• Presenter, “Blockchain for Lawyers,” Lawyers Networking Group Continuing Legal Education, October 23, 2019

• Presenter, “Supply Chain and Real Estate Applications,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 21, 2019

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 23, 2019

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 26, 2019

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Comerica Bank, August 20, 2019

• Presenter, “Blockchain and Cryptocurrencies,” Great West Financial, July 10, 2019

• Presenter, “Blockchain: From Digital Currency to Smart Contracts and Beyond,” Arizona State Bar Convention, June 27, 2019

• Presenter, “Industrial Hemp Market and Regulatory Overview,” Commerce Bank of Arizona, June 25, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Pinnacle Peak Luxury Home Tour, June 7, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Walt Danley Christie’s International Real Estate, April 24, 2019

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, April 9, 2019

• Presenter, “Legal Blockchain for Bright Beginners,” ASU Arkfield e-Discovery and Digital Evidence Conference, March 6, 2019

• Panelist, “Smart Contracts and Blockchain Subcommittee,” American Bar Association Cyberspace Law Institute and Winter Working Meeting, January 24, 2019

• Panelist, “Smart Contracts, Logistics, International Implications, and Future Applications,” Arizona Technology Council and Arizona Cyber Threat Response Alliance 2018 Cybersecurity Lunch Forum, December 12, 2018

• Presenter, “The Future of Blockchain,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 20, 2018

• Presenter, “International Use Cases for Blockchain and Cryptocurrencies,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 6, 2018

• Presenter, “Blockchain Technology in Real Estate and Supply Chain/Logistics,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 16, 2018

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, October 3, 2018

• Presenter, “The Legal Impacts of Blockchain Technology,” Arizona State Bar Intellectual Property Section, October 16, 2018

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 25, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Scottsdale Estate Planners, September 13, 2018

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 28, 2018

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Maricopa Country Bar Association, June 1, 2018

• Presenter, “Blockchain and Cryptocurrencies,” Finemark National Bank & Trust, March 15, 2018

Hello and welcome! I’m excited to launch this Substack as a platform for sharing insights and sparking discussion about the intersection of law, technology, and disruptive innovation. Every day, we witness the accelerating pace of technological advancements—artificial intelligence, blockchain, biotechnology, and more—and the question is no longer if these innovations will transform our world, but how we choose to navigate and shape this transformation.

As an attorney, I’ve seen firsthand how emerging technologies can create both opportunities and obstacles. Legal systems are often playing catch-up, legislators debate new regulations, and businesses grapple with learning—sometimes the hard way—how to innovate responsibly. I’m creating this space now because it’s never been more crucial for us to understand where technology, law, and policy collide. By exploring these intersecting domains, we can better anticipate changes, stay ahead of compliance challenges, and harness innovation for the common good.

2. What Kind of Community Are We Building Here?

Substack isn’t just a place for articles; it’s a place for community. I want this to be your go-to hub for productive, enlightening discussions on topics that matter—whether it’s navigating new tech regulations, analyzing court decisions impacting innovation, or pondering how cutting-edge research might reshape industries. Here’s a snapshot of who might find value in this space:

• Tech Enthusiasts & Innovators: Explore how emerging technologies intersect with legal frameworks and learn about ethical design principles.

• Legal Practitioners & Policy Experts: Stay informed on new regulations, high-stakes court cases, and legislative proposals that could set the tone for decades to come.

• Curious Minds: Whether you’re new to these issues or seeking a deeper understanding, join us for thoughtful explorations into the latest and most pressing topics at the junction of law, technology, and disruptive innovation.

3. Frequency and Content

• Weekly Insights: At least once a week, you’ll receive a concise, informative post analyzing a pressing issue—such as a major AI policy update, a key court ruling on tech matters, or a noteworthy legislative shift.

• Community Engagement: In addition to regular articles, I encourage discussion in the comments. I want to foster a healthy exchange of ideas where all perspectives are heard and respected.

What You Can Expect

• Legal & Policy Updates: Readable summaries of new regulations, court decisions, and compliance requirements that stand to shape the future of technology.

• Ethical & Social Considerations: Articles exploring data privacy, algorithmic bias, and intellectual property challenges—among other critical topics in the tech realm.

• Future-Focused Discussion: Thoughtful commentary on how disruptive innovations might impact industries, governance, and daily life, with a focus on finding beneficial paths forward.

4. Why Subscribe?

• Timely, Accessible Content

  • Stay informed on emerging trends without wading through dense legal jargon.

  • Join a community of like-minded readers who are passionate about the future of law and technology.

• Meaningful Engagement

  • Participate in lively discussions through comments and occasional polls.

  • Share your own insights and experiences, helping others learn from your perspectives.

5. Looking Ahead

In the coming weeks, I’ll be exploring topics like:

• Chaotic areas of regulatory uncertainty, such as college athletics in the NIL era.

• Global Digital Assets and AI Regulation: How different countries are tackling digital assets and artificial intelligence as well as the implications for businesses and consumers.

• Blockchain & Smart Contracts: The promise (and pitfalls) of decentralized systems and the legal complexities they introduce.

• Digital Rights & Online Speech: Balancing freedom of expression with emerging considerations around platform governance and liability.

Thank You for Joining Me

I’m grateful you’ve chosen to start this journey with me. By subscribing, you’ll be part of a community that’s passionate about understanding and shaping the laws and policies that define our technological future. I look forward to our discussions, your feedback, and the collective insights we can uncover together.

If you have questions or topics you’d like to see covered, drop a note in the comments below.

—David McCarville

If you enjoy these explorations of law, technology, and disruptive innovation, consider subscribing to stay informed and join the conversation.

Articles and Presentations

• Author, “Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope,” Greater Phoenix InBusiness, March 6, 2025

• Co-Author, “NIL Agents: The Good, the Bad, and the Unregulated,” Fennemore Blog, March 4, 2025

• Author, “Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets,” Phoenix Business Journal, March 1, 2025

• Co-Author, “A patchwork of name, image and likeness agent regulations leaves student-athletes largely unprotected,” Phoenix Business Journal, March 1, 2025

• Author, “Lessons From Developing A CTA Compliance Application,” Law360, February 12, 2025

• Author, “The New Administration’s Impact on AI and Digital Assets,” Greater Phoenix InBusiness, February 2025

• Presenter, “The 2025 Forecast for the Legislative Session,” Arizona Corporation Commission, January 31, 2025.

• Presenter, “The World of AI: Benefits and Perils for General Counsel,” Arizona Corporation Commission, January 31, 2025.

• Author, “Lessons from Developing A CTA Compliance Application,” Law360, January 27, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” AZ Big Media, January 14, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” Arizona Capitol Times, January 13, 2025

• Author, “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025

• Quoted, “For small business owners in Arizona and elsewhere, Jan. 1 disclosure rule not in effect,” AZ Central, December 20, 2024

• Moderator, “Innovation at Small and Mid-Sized Law Firms,” The Legal Tech Fund Summit, December 2024

• Presenter, “DEFI, Stable Coins and NFTs, Blockchain and Patents,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, November 5, 2024

• Presenter, “Hadera AI Working Group: AI, Smart Contracts and Digital Assets,” November 5, 2024

• Presenter, “Supply Chains, Blockchains and Real Estate,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 22, 2024

• Presenter, “Smart Contracts, Blockchains and AI,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 8, 2024

• Presenter, “Bitcoin – A Case Study,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, September 10, 2024

• Presenter, “The Ethics of AI in Legal Practice,” Second Western Agricultural & Environmental Law Conference, June 14, 2024

• Panelist, “SCG Legal – AI Working Group. AI and Ethics panel discussion,” May 23, 2024

• Presenter, “LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements,” May 17, 2024

• Author, “As March Madness concludes, athletes and businesses looking for NIL deals should consider these legal risks,” Phoenix Business Journal, April 4, 2024

• Author, “Name, Image and Likeness (NIL) Compensation for Student Athletes,” Arizona Attorney Magazine, April 4, 2024

• Presenter, “AI Legal Tech for In House Counsel,” March 19, 2024

• Presenter, “CLE: Litigation update: Name, Image and Likeness & NCAA,” March 7, 2024

• Presenter, “Digital Assets, AI And Technology solutions for Trusts and Estates,” January 16, 2024

• Author, “Corporate Transparency Act takes aim at financial crime,” Capitol Times, January 12, 2024

• Author, “Considerations for Business and Student Athletes – Negotiating Name Image and Likeness Deals,” NIL Deals, January 4, 2024

• Author, “What You Need to Know About Corporate Transparency Act,” Phoenix Business Journal and Horizon, January 2, 2024

• Author, “Corporate Transparency Act to Enhance Economic Transparency in Business,” Arizona PBS, January 2, 2024

• Author, “Fennemore exec down new Corporate Transparency Act requirements,” Phoenix Business Journal, January 2, 2024

• Author, “How to prepare for implementation of the Corporate Transparency Act on Jan. 1,” AZ Big Media, December 20, 2023

• Featuring, “Student Athletes and Getting Paid for Their Name,” New At 3, November 9, 2023

• Featuring, “Blockchain Beyond Business: A Look at ASU’S Relationship with Cybersecurity Technology,” The State Press, March 21, 2023

• Author, “Legacy Businesses: Setting up baby boomers for success,” Lovin’ Life After 50, November 14, 2022

• Featuring, ” Legacy Businesses for 55+,” Arizona PBS, September 27, 2022

• Featuring, “The Importance of a Proper Business Exit Strategy,” Next Avenue, September 13, 2022

• Author, “How Baby Boomers can set up success in the sale of legacy businesses,” Daily Independent, August 26, 2022

• Author, “Setting Baby Boomers up for success in the sale of legacy businesses,” Arizona Digital Free Press, August 2022

• Author, “Setting Baby Boomers Up for Success in the Sale of Legacy Businesses,” inBusiness, August 2022

• Co-Author, “Experts: Is it OK to pay your employees in Bitcoin?” Daily Independent, June 2, 2022

• Co-Author, ” Is it OK to pay employees in Bitcoin?” AZ Big Media, May 26, 2022

• Co-Author, “Is it time to start paying your employees in cryptocurrency?” Phoenix Business Journal, May 24, 2022

• Author, “My View: Purchasing NFT art and sports memorabilia is the rage — but buyer beware,” Phoenix Business Journal, April 20, 2022

• Quoted, “So, you want to take your paycheck in bitcoin?” Morning Brew, March 31, 2022

• Interview, “Britney Spears Conservatorship Hearing,” Fox 10 Phoenix, November 18, 2021

• Author, “My View: Why Bitcoin is gaining critical legitimacy as new asset class,” November 9, 2021

• Interview, “Britney Conservatorship Hearing,” Fox 10 Phoenix, August 19, 2021

• Quoted, “Britney Conservatorship Hearing,” Fox 10 Phoenix, June 23, 2021

• Podcast, “Lessons Learned from the Rich and Famous with David McCarville,” Fenn.Talks Podcast, June 17, 2021

• Interview, “At the Center of a Paradigm Shift,” Fennemore Blog, June 10, 2021

• Interview, “Attorney David McCarville speaks about the importance of designating a power of attorney,” Arizona PBS, May 26, 2021

• Quoted, “Will Bitcoin Ever Be Accepted Widely as a Form of Payment?” GO Banking Rates, April 29, 2021

• Quoted, “Twitter CEO Jack Dorsey’s first tweet sold for $2.9 million on Sunday. The buyer said it’s the Mona Lisa of tweets,” Insider, March 24, 2021

• Author, “Hospitals Required to Provide Patients With Transparent Pricing,” Fennemore Client Alert, September 2, 2020

• Quoted, “Why Do Enterprise Blockchain Systems Fail? (Exclusive),” E-Crypto News, June 9, 2020

• Quoted, “Demystifying Cryptocurrencies: Promise and Potential Lead to Growing Appeal,” Destination CRM, May 29, 2020

• Presenter, “Key Blockchain Concepts for Corporate Counsel,” Association of Corporate Counsel, March 12, 2020

• Presenter, “The Future of the Practice of Law and Blockchain Technology,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, December 2, 2019

• Presenter, “Blockchain Technology as a Legal Tool,” Valley Estate Planners, November 21, 2019

• Presenter, “Blockchain for Lawyers,” Lawyers Networking Group Continuing Legal Education, October 23, 2019

• Presenter, “Supply Chain and Real Estate Applications,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 21, 2019

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 23, 2019

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 26, 2019

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Comerica Bank, August 20, 2019

• Presenter, “Blockchain and Cryptocurrencies,” Great West Financial, July 10, 2019

• Presenter, “Blockchain: From Digital Currency to Smart Contracts and Beyond,” Arizona State Bar Convention, June 27, 2019

• Presenter, “Industrial Hemp Market and Regulatory Overview,” Commerce Bank of Arizona, June 25, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Pinnacle Peak Luxury Home Tour, June 7, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Walt Danley Christie’s International Real Estate, April 24, 2019

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, April 9, 2019

• Presenter, “Legal Blockchain for Bright Beginners,” ASU Arkfield e-Discovery and Digital Evidence Conference, March 6, 2019

• Panelist, “Smart Contracts and Blockchain Subcommittee,” American Bar Association Cyberspace Law Institute and Winter Working Meeting, January 24, 2019

• Panelist, “Smart Contracts, Logistics, International Implications, and Future Applications,” Arizona Technology Council and Arizona Cyber Threat Response Alliance 2018 Cybersecurity Lunch Forum, December 12, 2018

• Presenter, “The Future of Blockchain,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 20, 2018

• Presenter, “International Use Cases for Blockchain and Cryptocurrencies,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 6, 2018

• Presenter, “Blockchain Technology in Real Estate and Supply Chain/Logistics,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 16, 2018

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, October 3, 2018

• Presenter, “The Legal Impacts of Blockchain Technology,” Arizona State Bar Intellectual Property Section, October 16, 2018

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 25, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Scottsdale Estate Planners, September 13, 2018

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 28, 2018

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Maricopa Country Bar Association, June 1, 2018

• Presenter, “Blockchain and Cryptocurrencies,” Finemark National Bank & Trust, March 15, 2018

Back then, it wasn’t uncommon for teams with merely adequate quarterbacks to compete for championships, provided they had a formidable running game, a stout offensive line, and a dominant defense. The classic example is the Washington team that relied on John Riggins and the renowned “Hogs,” a towering offensive line that could bulldoze just about any defensive front. Today, in stark contrast, the formula to win a championship feels painfully simple—if you don’t have an elite quarterback, you’re essentially out of contention before the season begins.

The Evolution of Rules and the Decline of My Fandom

The NFL and college football rules have shifted over the years, ostensibly in the name of player safety. Quarterbacks receive unprecedented protection, and wide receivers benefit from stricter rules on pass interference and targeting. It’s true that CTE (chronic traumatic encephalopathy) concerns and related lawsuits forced leagues and organizations to take head and neck injuries more seriously. However, these rule changes have fundamentally altered the game—removing some of the defensive dominance that made football so exciting to watch during my formative years.

An additional frustration for me has been the officiating; in spite of technological advances, referees still get it wrong far too often. As a lifelong Arizona Cardinals fan, I saw my personal breaking point during their heartbreaking failure to win the Super Bowl. At that moment, I realized the game I grew up adoring had transformed beyond recognition. Between the rule changes and refereeing inconsistencies, I no longer felt it was worth the emotional investment.

A Shift to Rugby

Disillusioned, I found myself exploring alternative sports and gravitated toward rugby. At the professional and international levels, rugby maintains a very physical style: 15 players per side, minimal protective gear, and an emphasis on the collective team effort. While rugby also grapples with player welfare issues—particularly around head injuries—it enforces stricter rules on tackle height, requiring defenders to stay below the shoulders. Although not perfect, it felt closer to the spirit of the game I grew up loving: gritty, hard-hitting, and, most of all, governed by a consistent set of officiating standards that left less ambiguity on the field.

The ASU Renaissance and My Return to Football—For a Moment

This year, however, I got pulled back into watching football when Arizona State University pulled off a remarkable turnaround. After last year’s dismal 3-9 record, no one expected them to win the conference title—let alone secure a first-round bye in the College Football Playoffs. Their success intrigued me enough to watch a full 4½-hour game, which was largely enjoyable…until a crucial officiating error brought back my old frustrations.

A defenseless ASU receiver was knocked unconscious by a Texas defender. The defender had yards of space and plenty of time to adjust the tackle height, but still launched upward, connecting directly with the receiver’s head. By all appearances, it was a textbook example of targeting. Yet the referees swallowed their whistles. Would this have been called if the situation had been reversed—if the receiver wore burnt orange? Or if the race or profile of the players were different? Would the call have been made if the star quarterback was the one taking the hit? These uncomfortable questions are bound to arise when officiating seems so blatantly inconsistent.

Where Legal Tech and AI Come In

So what does this have to do with legal technology and innovation? Quite a bit, if you think about it. We already have the tools—through AI-driven motion tracking, instant replay, and biomechanics sensors—to make more accurate and consistent calls, especially for clear-cut infractions like targeting. Machines can analyze frame-by-frame contact points, force vectors, and trajectory angles. Properly implemented, AI could flag potential penalties more quickly and objectively than human referees do. Imagine an automatic review system that pings an official’s headset the instant a hit to the head is detected, complete with the speed, angle, and location of contact. These innovations might reduce the bias (or mere human error) that so often determines the outcome of critical plays.

The Changing Landscape of College Football

I’m also intrigued by how money, specifically Name, Image, and Likeness (NIL) deals, is reshaping the competitive balance in college football. We’re already seeing newer or previously underfunded programs challenge the old powerhouses by securing deals that help recruit talented athletes. This dynamic shift in the economic structure of college athletics introduces both opportunities and pitfalls. With more money in the game, oversight and compliance become increasingly important—and perhaps, ironically, this is another area where technology can help. Platforms that monitor NIL deals and track compliance in real-time could provide more transparency and fairness.

Final Thoughts

For all my gripes with how football has evolved, there’s no denying the sport’s continued hold on the American imagination. Innovation—both in rules and technology—can be a double-edged sword: it can dilute some aspects of the game’s old-school identity while making it safer and possibly more equitable. My hope is that future changes will strike the right balance between protecting players, preserving the sport’s competitive soul, and leveraging modern technology to reduce human error.

As an observer now half in and half out of the football world, I remain fascinated by the potential for AI and tech solutions to transform sports officiating, just as NIL is transforming college football economics. While I’m still not convinced I’ll ever again be the kind of diehard fan I was in my youth, I will continue watching with cautious interest—especially if our collective innovations can make the game both safer and fairer.

Where to Learn More and How to Research Further

1. Rule Changes & Player Safety

   • The NFL’s Official Playing Rules outline the evolution of safety-oriented measures, including targeting and roughing-the-passer regulations.

   • The NCAA Football Rulebook details college-level rules aimed at reducing head and neck injuries.

2. AI in Sports Officiating

   • Research papers on machine learning and computer vision (e.g., from arXiv.org) often explore sports applications, including player tracking and collision detection.

   • Professional leagues have begun experimenting with AI-assisted replay systems—studies on the Hawk-Eye technology used in tennis and soccer can provide insight into how such systems might be adapted for football.

3. NIL and the Changing Economics of College Sports

   • The NCAA’s NIL Updates page provides official stance and guidelines.

   • Business publications like Sports Business Journal and Forbes frequently cover emerging deals and impacts of NIL on college athletics.

By exploring these resources, you can get a sense of how football has arrived at this pivotal moment in its long history—and how technology and legal frameworks might steer it going forward. My journey with the sport may be in flux, but I remain optimistic that the right innovations can restore some of what made the game special while keeping today’s athletes safer, better compensated, and on a more level playing field.



Articles and Presentations

Author, “Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope,” Greater Phoenix InBusiness, March 6, 2025

• Co-Author, “NIL Agents: The Good, the Bad, and the Unregulated,” Fennemore Blog, March 4, 2025

• Author, “Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets,” Phoenix Business Journal, March 1, 2025

• Co-Author, “A patchwork of name, image and likeness agent regulations leaves student-athletes largely unprotected,” Phoenix Business Journal, March 1, 2025

• Author, “Lessons From Developing A CTA Compliance Application,” Law360, February 12, 2025

• Author, “The New Administration’s Impact on AI and Digital Assets,” Greater Phoenix InBusiness, February 2025

• Presenter, “The 2025 Forecast for the Legislative Session,” Arizona Corporation Commission, January 31, 2025.

• Presenter, “The World of AI: Benefits and Perils for General Counsel,” Arizona Corporation Commission, January 31, 2025.

• Author, “Lessons from Developing A CTA Compliance Application,” Law360, January 27, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” AZ Big Media, January 14, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” Arizona Capitol Times, January 13, 2025

• Author, “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025

• Quoted, “For small business owners in Arizona and elsewhere, Jan. 1 disclosure rule not in effect,” AZ Central, December 20, 2024

• Moderator, “Innovation at Small and Mid-Sized Law Firms,” The Legal Tech Fund Summit, December 2024

• Presenter, “DEFI, Stable Coins and NFTs, Blockchain and Patents,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, November 5, 2024

• Presenter, “Hadera AI Working Group: AI, Smart Contracts and Digital Assets,” November 5, 2024

• Presenter, “Supply Chains, Blockchains and Real Estate,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 22, 2024

• Presenter, “Smart Contracts, Blockchains and AI,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 8, 2024

• Presenter, “Bitcoin – A Case Study,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, September 10, 2024

• Presenter, “The Ethics of AI in Legal Practice,” Second Western Agricultural & Environmental Law Conference, June 14, 2024

• Panelist, “SCG Legal – AI Working Group. AI and Ethics panel discussion,” May 23, 2024

• Presenter, “LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements,” May 17, 2024

• Author, “As March Madness concludes, athletes and businesses looking for NIL deals should consider these legal risks,” Phoenix Business Journal, April 4, 2024

• Author, “Name, Image and Likeness (NIL) Compensation for Student Athletes,” Arizona Attorney Magazine, April 4, 2024

• Presenter, “AI Legal Tech for In House Counsel,” March 19, 2024

• Presenter, “CLE: Litigation update: Name, Image and Likeness & NCAA,” March 7, 2024

• Presenter, “Digital Assets, AI And Technology solutions for Trusts and Estates,” January 16, 2024

• Author, “Corporate Transparency Act takes aim at financial crime,” Capitol Times, January 12, 2024

• Author, “Considerations for Business and Student Athletes – Negotiating Name Image and Likeness Deals,” NIL Deals, January 4, 2024

• Author, “What You Need to Know About Corporate Transparency Act,” Phoenix Business Journal and Horizon, January 2, 2024

• Author, “Corporate Transparency Act to Enhance Economic Transparency in Business,” Arizona PBS, January 2, 2024

• Author, “Fennemore exec down new Corporate Transparency Act requirements,” Phoenix Business Journal, January 2, 2024

• Author, “How to prepare for implementation of the Corporate Transparency Act on Jan. 1,” AZ Big Media, December 20, 2023

• Featuring, “Student Athletes and Getting Paid for Their Name,” New At 3, November 9, 2023

• Featuring, “Blockchain Beyond Business: A Look at ASU’S Relationship with Cybersecurity Technology,” The State Press, March 21, 2023

• Author, “Legacy Businesses: Setting up baby boomers for success,” Lovin’ Life After 50, November 14, 2022

• Featuring, ” Legacy Businesses for 55+,” Arizona PBS, September 27, 2022

• Featuring, “The Importance of a Proper Business Exit Strategy,” Next Avenue, September 13, 2022

• Author, “How Baby Boomers can set up success in the sale of legacy businesses,” Daily Independent, August 26, 2022

• Author, “Setting Baby Boomers up for success in the sale of legacy businesses,” Arizona Digital Free Press, August 2022

• Author, “Setting Baby Boomers Up for Success in the Sale of Legacy Businesses,” inBusiness, August 2022

• Co-Author, “Experts: Is it OK to pay your employees in Bitcoin?” Daily Independent, June 2, 2022

• Co-Author, ” Is it OK to pay employees in Bitcoin?” AZ Big Media, May 26, 2022

• Co-Author, “Is it time to start paying your employees in cryptocurrency?” Phoenix Business Journal, May 24, 2022

• Author, “My View: Purchasing NFT art and sports memorabilia is the rage — but buyer beware,” Phoenix Business Journal, April 20, 2022

• Quoted, “So, you want to take your paycheck in bitcoin?” Morning Brew, March 31, 2022

• Interview, “Britney Spears Conservatorship Hearing,” Fox 10 Phoenix, November 18, 2021

• Author, “My View: Why Bitcoin is gaining critical legitimacy as new asset class,” November 9, 2021

• Interview, “Britney Conservatorship Hearing,” Fox 10 Phoenix, August 19, 2021

• Quoted, “Britney Conservatorship Hearing,” Fox 10 Phoenix, June 23, 2021

• Podcast, “Lessons Learned from the Rich and Famous with David McCarville,” Fenn.Talks Podcast, June 17, 2021

• Interview, “At the Center of a Paradigm Shift,” Fennemore Blog, June 10, 2021

• Interview, “Attorney David McCarville speaks about the importance of designating a power of attorney,” Arizona PBS, May 26, 2021

• Quoted, “Will Bitcoin Ever Be Accepted Widely as a Form of Payment?” GO Banking Rates, April 29, 2021

• Quoted, “Twitter CEO Jack Dorsey’s first tweet sold for $2.9 million on Sunday. The buyer said it’s the Mona Lisa of tweets,” Insider, March 24, 2021

• Author, “Hospitals Required to Provide Patients With Transparent Pricing,” Fennemore Client Alert, September 2, 2020

• Quoted, “Why Do Enterprise Blockchain Systems Fail? (Exclusive),” E-Crypto News, June 9, 2020

• Quoted, “Demystifying Cryptocurrencies: Promise and Potential Lead to Growing Appeal,” Destination CRM, May 29, 2020

• Presenter, “Key Blockchain Concepts for Corporate Counsel,” Association of Corporate Counsel, March 12, 2020

• Presenter, “The Future of the Practice of Law and Blockchain Technology,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, December 2, 2019

• Presenter, “Blockchain Technology as a Legal Tool,” Valley Estate Planners, November 21, 2019

• Presenter, “Blockchain for Lawyers,” Lawyers Networking Group Continuing Legal Education, October 23, 2019

• Presenter, “Supply Chain and Real Estate Applications,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 21, 2019

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 23, 2019

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 26, 2019

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Comerica Bank, August 20, 2019

• Presenter, “Blockchain and Cryptocurrencies,” Great West Financial, July 10, 2019

• Presenter, “Blockchain: From Digital Currency to Smart Contracts and Beyond,” Arizona State Bar Convention, June 27, 2019

• Presenter, “Industrial Hemp Market and Regulatory Overview,” Commerce Bank of Arizona, June 25, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Pinnacle Peak Luxury Home Tour, June 7, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Walt Danley Christie’s International Real Estate, April 24, 2019

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, April 9, 2019

• Presenter, “Legal Blockchain for Bright Beginners,” ASU Arkfield e-Discovery and Digital Evidence Conference, March 6, 2019

• Panelist, “Smart Contracts and Blockchain Subcommittee,” American Bar Association Cyberspace Law Institute and Winter Working Meeting, January 24, 2019

• Panelist, “Smart Contracts, Logistics, International Implications, and Future Applications,” Arizona Technology Council and Arizona Cyber Threat Response Alliance 2018 Cybersecurity Lunch Forum, December 12, 2018

• Presenter, “The Future of Blockchain,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 20, 2018

• Presenter, “International Use Cases for Blockchain and Cryptocurrencies,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 6, 2018

• Presenter, “Blockchain Technology in Real Estate and Supply Chain/Logistics,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 16, 2018

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, October 3, 2018

• Presenter, “The Legal Impacts of Blockchain Technology,” Arizona State Bar Intellectual Property Section, October 16, 2018

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 25, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Scottsdale Estate Planners, September 13, 2018

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 28, 2018

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Maricopa Country Bar Association, June 1, 2018

• Presenter, “Blockchain and Cryptocurrencies,” Finemark National Bank & Trust, March 15, 2018
  

Identifying the Error: The First Step Toward Accountability

Whether it’s a missed call on the field or a biased decision by an AI system, the first and most crucial step is recognizing the mistake. But what happens when we look deeper—when we ask whether the decision would have been the same if the player involved had a different reputation or status?

Consider a hard hit during a football game:

• Would the referee’s decision change if the hit were on the star quarterback instead of a lesser-known player?

• Would prior incidents, like the player making the hit having a history of personal fouls, influence the referee’s call?

These nuances often reveal implicit biases, where external factors—rather than the actual incident—affect judgment.

Similarly, in AI systems, errors like hallucinations or biased outcomes often stem from embedded biases in training data or algorithms. Both scenarios highlight a shared challenge: an imperfect decision-making process that reflects existing biases, whether human or machine.

Why Do These Mistakes Happen?

Human Judgment Biases

Referees, like all humans, make decisions influenced by various factors:

• Contextual Influence – Star players may receive more favorable calls due to their importance in the game.

• Reputational Bias – A player with a history of aggressive fouls might be judged more harshly, even if their current play is clean.

• Pressure & Environment – High-stakes games, loud crowds, or televised scrutiny can amplify the pressure, leading to inconsistent rulings.

AI System Biases

AI-based decision-making is influenced by different but equally complex factors:

• Training Data Bias – If an AI is trained on biased data (e.g., historical inequities or over-represented outcomes), it will replicate those biases.

• Algorithmic Complexity – AI lacks human intuition, making it difficult to distinguish between relevant context and irrelevant data points.

• Programming Choices – The way AI prioritizes data can unintentionally skew results, leading to biased outputs.

Mitigating Risk: Learning From Errors

Improving Human Judgment

✅ Objective Review Processes – Tools like Video-Assisted Referee (VAR) provide neutral re-evaluation of critical calls.
✅ Bias Awareness Training – Educating referees on implicit bias helps ensure fairer decisions based solely on the play.

Enhancing AI Systems

✅ Data Curation – Carefully selecting and diversifying training data reduces the risk of biased AI outputs.
✅ Explainability & Transparency – AI should provide clear reasoning for its decisions, allowing for accountability and corrections.
✅ Ongoing Monitoring – Regular audits help detect and address biases before they become systemic.

Lessons Learned: Collaborative Accountability

Ultimately, both human and AI decision-making systems must acknowledge that bias—whether implicit or systemic—exists and influences outcomes. Asking the tough questions, such as:

🔹 Would this call have been the same if it involved a star player?
🔹 Does this AI decision unfairly reflect societal bias?

These reflections are the first step toward meaningful improvement.

By bridging the gap between human and machine decision-making, we can create systems that are fairer, more transparent, and more accountable. In sports, this means players trust officiating that focuses solely on the game. In AI, this means developing ethical and unbiased tools that reflect the values we strive to uphold.

Let’s continue the conversation and commit to recognizing, addressing, and mitigating bias—whether human or machine-driven.


Articles and Presentations

• Author, “Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope,” Greater Phoenix InBusiness, March 6, 2025

• Co-Author, “NIL Agents: The Good, the Bad, and the Unregulated,” Fennemore Blog, March 4, 2025

• Author, “Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets,” Phoenix Business Journal, March 1, 2025

• Co-Author, “A patchwork of name, image and likeness agent regulations leaves student-athletes largely unprotected,” Phoenix Business Journal, March 1, 2025

• Author, “Lessons From Developing A CTA Compliance Application,” Law360, February 12, 2025

• Author, “The New Administration’s Impact on AI and Digital Assets,” Greater Phoenix InBusiness, February 2025

• Presenter, “The 2025 Forecast for the Legislative Session,” Arizona Corporation Commission, January 31, 2025.

• Presenter, “The World of AI: Benefits and Perils for General Counsel,” Arizona Corporation Commission, January 31, 2025.

• Author, “Lessons from Developing A CTA Compliance Application,” Law360, January 27, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” AZ Big Media, January 14, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” Arizona Capitol Times, January 13, 2025

• Author, “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025

• Quoted, “For small business owners in Arizona and elsewhere, Jan. 1 disclosure rule not in effect,” AZ Central, December 20, 2024

• Moderator, “Innovation at Small and Mid-Sized Law Firms,” The Legal Tech Fund Summit, December 2024

• Presenter, “DEFI, Stable Coins and NFTs, Blockchain and Patents,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, November 5, 2024

• Presenter, “Hadera AI Working Group: AI, Smart Contracts and Digital Assets,” November 5, 2024

• Presenter, “Supply Chains, Blockchains and Real Estate,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 22, 2024

• Presenter, “Smart Contracts, Blockchains and AI,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 8, 2024

• Presenter, “Bitcoin – A Case Study,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, September 10, 2024

• Presenter, “The Ethics of AI in Legal Practice,” Second Western Agricultural & Environmental Law Conference, June 14, 2024

• Panelist, “SCG Legal – AI Working Group. AI and Ethics panel discussion,” May 23, 2024

• Presenter, “LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements,” May 17, 2024

• Author, “As March Madness concludes, athletes and businesses looking for NIL deals should consider these legal risks,” Phoenix Business Journal, April 4, 2024

• Author, “Name, Image and Likeness (NIL) Compensation for Student Athletes,” Arizona Attorney Magazine, April 4, 2024

• Presenter, “AI Legal Tech for In House Counsel,” March 19, 2024

• Presenter, “CLE: Litigation update: Name, Image and Likeness & NCAA,” March 7, 2024

• Presenter, “Digital Assets, AI And Technology solutions for Trusts and Estates,” January 16, 2024

• Author, “Corporate Transparency Act takes aim at financial crime,” Capitol Times, January 12, 2024

• Author, “Considerations for Business and Student Athletes – Negotiating Name Image and Likeness Deals,” NIL Deals, January 4, 2024

• Author, “What You Need to Know About Corporate Transparency Act,” Phoenix Business Journal and Horizon, January 2, 2024

• Author, “Corporate Transparency Act to Enhance Economic Transparency in Business,” Arizona PBS, January 2, 2024

• Author, “Fennemore exec down new Corporate Transparency Act requirements,” Phoenix Business Journal, January 2, 2024

• Author, “How to prepare for implementation of the Corporate Transparency Act on Jan. 1,” AZ Big Media, December 20, 2023

• Featuring, “Student Athletes and Getting Paid for Their Name,” New At 3, November 9, 2023

• Featuring, “Blockchain Beyond Business: A Look at ASU’S Relationship with Cybersecurity Technology,” The State Press, March 21, 2023

• Author, “Legacy Businesses: Setting up baby boomers for success,” Lovin’ Life After 50, November 14, 2022

• Featuring, ” Legacy Businesses for 55+,” Arizona PBS, September 27, 2022

• Featuring, “The Importance of a Proper Business Exit Strategy,” Next Avenue, September 13, 2022

• Author, “How Baby Boomers can set up success in the sale of legacy businesses,” Daily Independent, August 26, 2022

• Author, “Setting Baby Boomers up for success in the sale of legacy businesses,” Arizona Digital Free Press, August 2022

• Author, “Setting Baby Boomers Up for Success in the Sale of Legacy Businesses,” inBusiness, August 2022

• Co-Author, “Experts: Is it OK to pay your employees in Bitcoin?” Daily Independent, June 2, 2022

• Co-Author, ” Is it OK to pay employees in Bitcoin?” AZ Big Media, May 26, 2022

• Co-Author, “Is it time to start paying your employees in cryptocurrency?” Phoenix Business Journal, May 24, 2022

• Author, “My View: Purchasing NFT art and sports memorabilia is the rage — but buyer beware,” Phoenix Business Journal, April 20, 2022

• Quoted, “So, you want to take your paycheck in bitcoin?” Morning Brew, March 31, 2022

• Interview, “Britney Spears Conservatorship Hearing,” Fox 10 Phoenix, November 18, 2021

• Author, “My View: Why Bitcoin is gaining critical legitimacy as new asset class,” November 9, 2021

• Interview, “Britney Conservatorship Hearing,” Fox 10 Phoenix, August 19, 2021

• Quoted, “Britney Conservatorship Hearing,” Fox 10 Phoenix, June 23, 2021

• Podcast, “Lessons Learned from the Rich and Famous with David McCarville,” Fenn.Talks Podcast, June 17, 2021

• Interview, “At the Center of a Paradigm Shift,” Fennemore Blog, June 10, 2021

• Interview, “Attorney David McCarville speaks about the importance of designating a power of attorney,” Arizona PBS, May 26, 2021

• Quoted, “Will Bitcoin Ever Be Accepted Widely as a Form of Payment?” GO Banking Rates, April 29, 2021

• Quoted, “Twitter CEO Jack Dorsey’s first tweet sold for $2.9 million on Sunday. The buyer said it’s the Mona Lisa of tweets,” Insider, March 24, 2021

• Author, “Hospitals Required to Provide Patients With Transparent Pricing,” Fennemore Client Alert, September 2, 2020

• Quoted, “Why Do Enterprise Blockchain Systems Fail? (Exclusive),” E-Crypto News, June 9, 2020

• Quoted, “Demystifying Cryptocurrencies: Promise and Potential Lead to Growing Appeal,” Destination CRM, May 29, 2020

• Presenter, “Key Blockchain Concepts for Corporate Counsel,” Association of Corporate Counsel, March 12, 2020

• Presenter, “The Future of the Practice of Law and Blockchain Technology,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, December 2, 2019

• Presenter, “Blockchain Technology as a Legal Tool,” Valley Estate Planners, November 21, 2019

• Presenter, “Blockchain for Lawyers,” Lawyers Networking Group Continuing Legal Education, October 23, 2019

• Presenter, “Supply Chain and Real Estate Applications,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 21, 2019

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 23, 2019

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 26, 2019

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Comerica Bank, August 20, 2019

• Presenter, “Blockchain and Cryptocurrencies,” Great West Financial, July 10, 2019

• Presenter, “Blockchain: From Digital Currency to Smart Contracts and Beyond,” Arizona State Bar Convention, June 27, 2019

• Presenter, “Industrial Hemp Market and Regulatory Overview,” Commerce Bank of Arizona, June 25, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Pinnacle Peak Luxury Home Tour, June 7, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Walt Danley Christie’s International Real Estate, April 24, 2019

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, April 9, 2019

• Presenter, “Legal Blockchain for Bright Beginners,” ASU Arkfield e-Discovery and Digital Evidence Conference, March 6, 2019

• Panelist, “Smart Contracts and Blockchain Subcommittee,” American Bar Association Cyberspace Law Institute and Winter Working Meeting, January 24, 2019

• Panelist, “Smart Contracts, Logistics, International Implications, and Future Applications,” Arizona Technology Council and Arizona Cyber Threat Response Alliance 2018 Cybersecurity Lunch Forum, December 12, 2018

• Presenter, “The Future of Blockchain,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 20, 2018

• Presenter, “International Use Cases for Blockchain and Cryptocurrencies,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 6, 2018

• Presenter, “Blockchain Technology in Real Estate and Supply Chain/Logistics,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 16, 2018

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, October 3, 2018

• Presenter, “The Legal Impacts of Blockchain Technology,” Arizona State Bar Intellectual Property Section, October 16, 2018

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 25, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Scottsdale Estate Planners, September 13, 2018

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 28, 2018

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Maricopa Country Bar Association, June 1, 2018

• Presenter, “Blockchain and Cryptocurrencies,” Finemark National Bank & Trust, March 15, 2018

Introduction

In my last two posts, I discussed the importance of bridging bias in AI systems with responsible human oversight and examined the evolving nature of the American justice system. The common thread in both discussions was that technological solutions, coupled with human input, often yield better outcomes than either human judgment or AI alone. This same principle can readily apply to something near and dear to many of us: sports.

From Referee to RHLF: A New Take on Officiating

The notion of reinforcement learning from human feedback (RLHF)—where an AI model refines its decision-making by learning from real-world responses—has intriguing potential in sports. Traditionally, referees and umpires make instantaneous calls, often with limited visibility or under high-pressure circumstances. Instant replay reviews help mitigate error, but they are still limited to a few officials interpreting the footage. RLHF offers a chance to infuse broader perspectives—particularly from fans—into in-game decision-making.

In sports, the human feedback component typically comes from:

1. Referees/Umpires/Video Officials: The official, traditional source of rulings.

2. Coaches/Players: They provide real-time reactions (and challenges in some sports) to referee calls.

3. Fans: While traditionally relegated to cheering and jeering, fans are an enormous reservoir of collective observation that could be harnessed more effectively.

The Hypothetical “Crowd Wisdom” Replay System

Imagine a platform, integrated into broadcast and streaming apps, that invites fans to weigh in on contested plays in real time. Immediately after an official initiates a review:

1. AI Analysis: A custom AI model—trained on thousands of game scenarios—makes an initial determination about the call.

2. Expert Reviewer: A “lead referee AI” (trained through RLHF) presents the most likely ruling based on historical data, angles, and context (e.g., time remaining, type of foul or violation).

3. Fan Polling: Fans watching the game receive a prompt on their devices, displaying the relevant replay footage from multiple angles. They cast a vote on the correct call (e.g., foul, no foul, goal, no goal, offside, safe, out, etc.).

4. Aggregated Decision: The system weights the AI’s call, the lead officials’ input, and fan votes to arrive at a recommended ruling.

The key difference from current officiating systems (such as the NFL’s replay command center, MLB’s video review room, or soccer’s Video Assistant Referee (VAR)) is the addition of fan-based crowdsourcing to enhance the decision. This “wisdom of the crowd” approach—popularized by James Surowiecki’s The Wisdom of Crowds—posits that large groups of diverse, independent observers can reach surprisingly accurate conclusions.

Preventing “Fan Gaming”: Mitigation Strategies

Of course, sports fans are famously partisan. The largest risk in leveraging their feedback is that a majority of fans may vote reflexively in favor of their preferred team, skewing the results. To address this issue, consider the following safeguards:

1. Weighted Voting and Reputation Scores

   • Each fan’s vote could carry a dynamic “reputation score” that increases over time for accurate calls and decreases for proven inaccuracies or biases.

   • Fans who consistently vote in line with the eventual correct decision (as determined by official reviews) earn higher credibility. Overly partisan voters see their weighting decrease.

   • Similar “karma” or “reputation” systems exist on social platforms (e.g., Reddit) and in some online games, indicating real-world viability.

2. Blind Voting

   • During the replay, the system may anonymize which team stands to benefit. For calls like “Out or Safe?” in baseball, fans may only see the relevant part of the clip (runner approaching base) without scoreboard context.

   • Masking team logos, colors, or names in certain angles can diminish knee-jerk team loyalty. In high-stakes situations, a slight delay or partial data approach can help ensure fans vote on the action rather than the team.

3. Demographic and Location Balancing

   • The system can track the geographic location of voters or their self-identified fan affiliation (if disclosed in a profile). Votes from the same region or known fan affiliation can be proportionally balanced by neutral or opposing viewpoints.

   • If 70% of votes come from a single region known to favor a specific team, the algorithm rebalances the result by weighting external regions more heavily.

4. AI-Driven Anomaly Detection

   • The system can incorporate anomaly detection algorithms to flag suspicious voting spikes or patterns. For instance, if thousands of new accounts suddenly appear mid-game to sway a call, these votes could be discounted.

   • Similar real-time anomaly detection technology is used in cybersecurity for distributed denial-of-service (DDoS) attacks.

5. Limited Influence

   • Even with crowdsourcing, the final call might remain with an official or an AI-official system that integrates multiple data points. Fan input is part of the puzzle, not the only determinant.

Potential Benefits and Considerations

1. Enhanced Transparency and Inclusivity
   By allowing fans to actively participate in the officiating process, leagues could foster deeper fan engagement. This heightened sense of involvement might lead to greater trust in the fairness of outcomes.

2. Real-Time Feedback Loop
   With thousands or millions of eyes on the replay, the AI system benefits from immediate reinforcement learning. Over time, the model refines its predictive power on disputed calls, identifying new patterns or angles that humans might miss.

3. Ethical and Technological Hurdles

   • Data Privacy: Collecting and processing fan data in real time requires robust encryption and compliance with data protection laws (e.g., GDPR, CCPA).

   • Internet Access and Connectivity: Relying on fan input could disadvantage those with limited broadband or streaming capability, raising fairness questions for global sports.

   • Implementation Costs: Designing and maintaining a real-time high-capacity polling system can be expensive and technologically complex.

Research and Evidence Base

1. VAR (Video Assistant Referee) Studies

   • Academic analyses of VAR in soccer have shown that technology-assisted decisions reduce errors but introduce new controversies regarding transparency and delays.

   • Source: Kolbinger, O., & Link, D. (2021). “VAR—Video Assistant Referees in Elite Soccer: A Medical or Technical Problem?” Frontiers in Sports and Active Living.

2. Wisdom of Crowds

   • James Surowiecki’s seminal work demonstrates that aggregated input from diverse groups often outperforms individual experts.

   • Source: Surowiecki, J. (2004). The Wisdom of Crowds. Anchor Books.

3. Crowdsourcing and Reputation Systems

   • Numerous scholarly articles investigate how crowdsourcing platforms (e.g., Mechanical Turk) maintain quality control via reputation or weighting systems.

   • Source: Mason, W., & Suri, S. (2012). “Conducting Behavioral Research on Amazon’s Mechanical Turk.” Behavior Research Methods.

4. Reinforcement Learning from Human Feedback (RLHF)

   • While widely discussed in AI ethic circles, RLHF has also been tested in content moderation and games to refine AI decision-making.

   • Source: Christiano, P., Leike, J., Brown, T., Martic, M., Legg, S., & Amodei, D. (2017). “Deep Reinforcement Learning from Human Preferences.” Advances in Neural Information Processing Systems (NIPS).

Conclusion

By merging AI-driven replay analysis with crowdsourced fan feedback, sports leagues could make officiating both more transparent and more engaging. While partisanship among fans is an undeniable reality, carefully designed weighting, anonymity measures, and anomaly detection can mitigate unfair manipulation. If implemented responsibly, this approach would not only reduce errors in crucial moments but also harness the “wisdom of the crowd” to heighten the thrill and fairness of competitive sports.

Just as the American justice system grapples with integrating technology while preserving due process, sports officiating can evolve in a similar way—merging cutting-edge AI with well-structured human (and fan) input. The result could be a system that both speeds up officiating and reinforces the trust and excitement that keep us tuning in, cheering, and debating, season after season.

Further Reading

• Professional Referee Organization (PRO): Publications and guidelines on VAR usage in soccer, detailing how officials incorporate technology.
  Source: www.proreferees.com

• NBA Replay Center: Explains how multi-angle replays are processed and officiated.
  Source: official.nba.com

• MIT Sloan Sports Analytics Conference: Annual research and presentations on data-driven innovations in sports, including officiating technologies.
  Source: www.sloansportsconference.com

By drawing lessons from existing replay systems, crowdsourcing platforms, and RLHF best practices, sports leagues can chart a path toward a more robust, participatory officiating model.

In my previous post, we explored how AI could enhance the accuracy of referee decisions, offering a level of precision and consistency that human judgment sometimes struggles to achieve. In this post, I want to expand this conversation to a topic that mirrors these challenges: the interplay between bias in artificial intelligence (AI) systems and human judgment, especially in high-stakes scenarios like officiating a football game.

Identifying the Error: The First Step Toward Accountability

Whether it’s a missed call on the field or a biased decision made by an AI system, the first and most crucial step is recognizing the mistake. But what happens when we look deeper, when we ask whether the call would have been the same if the player involved had a different reputation or status?

Take, for instance, a hard hit during a football game. Would the referee’s decision change if the hit were on the star quarterback instead of a lesser-known player? Would prior incidents, like the player making the hit having a personal foul history for face masking or helmet removal, weigh into the decision? These nuances often reveal implicit biases, where factors unrelated to the specific incident influence judgment.

Similarly, in AI systems, errors like hallucinations or biased outcomes often stem from embedded biases in training data or algorithms. Both scenarios highlight a shared challenge: an imperfect decision-making process that reflects existing biases, whether human or machine.

Why Do These Mistakes Happen?

For humans, such as referees, decisions are influenced by several factors:

• Contextual Influence: The star quarterback may receive the benefit of a call due to their perceived importance to the game or league.

• Reputational Bias: A player with a history of aggressive fouls might be judged more harshly, even if the current play was clean.

• Pressure and Environment: High-stakes games with vocal crowds or televised scrutiny can amplify the weight of judgment calls.

For AI, the causes are different but no less complex:

• Training Data Bias: If the data used to train an AI contains biases (e.g., over-representation of certain outcomes or historical inequities), the AI will perpetuate those biases.

• Algorithmic Complexity: AI may not have the nuanced understanding to distinguish between contextually significant and irrelevant factors.

• Programming Choices: Decisions about what data to prioritize can unintentionally create a skewed output.

Mitigating Risk: Learning From Errors

The path to improvement involves adopting measures to reduce the risk of recurring mistakes:

1. In Human Judgment:

   • Objective Review Processes: Video-assisted referee (VAR) systems allow officials to review critical decisions, providing a more neutral perspective.

   • Bias Awareness Training: Understanding and managing implicit biases can help referees focus on the play itself rather than external factors like reputation or status.

2. In AI Systems:

   • Data Curation: Carefully selecting training data to minimize embedded biases ensures more balanced outputs.

   • Explainability: Developing transparent AI systems that explain their decision-making process allows for better accountability and error correction.

   • Ongoing Monitoring: Regular audits of AI systems can help identify patterns of bias or hallucinations before they lead to systemic issues.

Lessons Learned: Collaborative Accountability

Ultimately, both human and AI decision-making systems must address the reality that biases, whether implicit or systemic exist and influence outcomes. Asking the hard questions, such as “Would this call have been the same for the star quarterback?” or “Does this AI decision unfairly reflect societal bias?” is the first step toward meaningful improvement.

By bridging the gap between human and machine decision-making, we can work toward systems that are not only fairer but also more transparent. In sports, this means giving players confidence in officiating that focuses solely on the game. In AI, this means creating tools that reflect the values we aspire to uphold.

As we continue to explore these parallels, let us embrace the shared responsibility of recognizing, addressing, and mitigating bias in all its forms—whether human or machine-driven.

Back then, it wasn’t uncommon for teams with merely adequate quarterbacks to compete for championships, provided they had a formidable running game, a stout offensive line, and a dominant defense. The classic example is the Washington team that relied on John Riggins and the renowned “Hogs,” a towering offensive line that could bulldoze just about any defensive front. Today, in stark contrast, the formula to win a championship feels painfully simple—if you don’t have an elite quarterback, you’re essentially out of contention before the season begins.

The Evolution of Rules and the Decline of My Fandom

The NFL and college football rules have shifted over the years, ostensibly in the name of player safety. Quarterbacks receive unprecedented protection, and wide receivers benefit from stricter rules on pass interference and targeting. It’s true that CTE (chronic traumatic encephalopathy) concerns and related lawsuits forced leagues and organizations to take head and neck injuries more seriously. However, these rule changes have fundamentally altered the game—removing some of the defensive dominance that made football so exciting to watch during my formative years.

An additional frustration for me has been the officiating; in spite of technological advances, referees still get it wrong far too often. As a lifelong Arizona Cardinals fan, I saw my personal breaking point during their heartbreaking failure to win the Super Bowl. At that moment, I realized the game I grew up adoring had transformed beyond recognition. Between the rule changes and refereeing inconsistencies, I no longer felt it was worth the emotional investment.

A Shift to Rugby

Disillusioned, I found myself exploring alternative sports and gravitated toward rugby. At the professional and international levels, rugby maintains a very physical style: 15 players per side, minimal protective gear, and an emphasis on the collective team effort. While rugby also grapples with player welfare issues—particularly around head injuries—it enforces stricter rules on tackle height, requiring defenders to stay below the shoulders. Although not perfect, it felt closer to the spirit of the game I grew up loving: gritty, hard-hitting, and, most of all, governed by a consistent set of officiating standards that left less ambiguity on the field.

The ASU Renaissance and My Return to Football—For a Moment

This year, however, I got pulled back into watching football when Arizona State University pulled off a remarkable turnaround. After last year’s dismal 3-9 record, no one expected them to win the conference title—let alone secure a first-round bye in the College Football Playoffs. Their success intrigued me enough to watch a full 4½-hour game, which was largely enjoyable…until a crucial officiating error brought back my old frustrations.

A defenseless ASU receiver was knocked unconscious by a Texas defender. The defender had yards of space and plenty of time to adjust the tackle height, but still launched upward, connecting directly with the receiver’s head. By all appearances, it was a textbook example of targeting. Yet the referees swallowed their whistles. Would this have been called if the situation had been reversed—if the receiver wore burnt orange? Or if the race or profile of the players were different? Would the call have been made if the star quarterback was the one taking the hit? These uncomfortable questions are bound to arise when officiating seems so blatantly inconsistent.

Where Legal Tech and AI Come In

So what does this have to do with legal technology and innovation? Quite a bit, if you think about it. We already have the tools—through AI-driven motion tracking, instant replay, and biomechanics sensors—to make more accurate and consistent calls, especially for clear-cut infractions like targeting. Machines can analyze frame-by-frame contact points, force vectors, and trajectory angles. Properly implemented, AI could flag potential penalties more quickly and objectively than human referees do. Imagine an automatic review system that pings an official’s headset the instant a hit to the head is detected, complete with the speed, angle, and location of contact. These innovations might reduce the bias (or mere human error) that so often determines the outcome of critical plays.

The Changing Landscape of College Football

I’m also intrigued by how money, specifically Name, Image, and Likeness (NIL) deals, is reshaping the competitive balance in college football. We’re already seeing newer or previously underfunded programs challenge the old powerhouses by securing deals that help recruit talented athletes. This dynamic shift in the economic structure of college athletics introduces both opportunities and pitfalls. With more money in the game, oversight and compliance become increasingly important—and perhaps, ironically, this is another area where technology can help. Platforms that monitor NIL deals and track compliance in real-time could provide more transparency and fairness.

Final Thoughts

For all my gripes with how football has evolved, there’s no denying the sport’s continued hold on the American imagination. Innovation—both in rules and technology—can be a double-edged sword: it can dilute some aspects of the game’s old-school identity while making it safer and possibly more equitable. My hope is that future changes will strike the right balance between protecting players, preserving the sport’s competitive soul, and leveraging modern technology to reduce human error.

As an observer now half in and half out of the football world, I remain fascinated by the potential for AI and tech solutions to transform sports officiating, just as NIL is transforming college football economics. While I’m still not convinced I’ll ever again be the kind of diehard fan I was in my youth, I will continue watching with cautious interest—especially if our collective innovations can make the game both safer and fairer.

Where to Learn More and How to Research Further

1. Rule Changes & Player Safety

   • The NFL’s Official Playing Rules outline the evolution of safety-oriented measures, including targeting and roughing-the-passer regulations.

   • The NCAA Football Rulebook details college-level rules aimed at reducing head and neck injuries.

2. AI in Sports Officiating

   • Research papers on machine learning and computer vision (e.g., from arXiv.org) often explore sports applications, including player tracking and collision detection.

   • Professional leagues have begun experimenting with AI-assisted replay systems—studies on the Hawk-Eye technology used in tennis and soccer can provide insight into how such systems might be adapted for football.

3. NIL and the Changing Economics of College Sports

   • The NCAA’s NIL Updates page provides official stance and guidelines.

   • Business publications like Sports Business Journal and Forbes frequently cover emerging deals and impacts of NIL on college athletics.

By exploring these resources, you can get a sense of how football has arrived at this pivotal moment in its long history—and how technology and legal frameworks might steer it going forward. My journey with the sport may be in flux, but I remain optimistic that the right innovations can restore some of what made the game special while keeping today’s athletes safer, better compensated, and on a more level playing field.

Hello and welcome! I’m excited to launch this Substack as a platform for sharing insights and sparking discussion about the intersection of law, technology, and disruptive innovation. Every day, we witness the accelerating pace of technological advancements—artificial intelligence, blockchain, biotechnology, and more—and the question is no longer if these innovations will transform our world, but how we choose to navigate and shape this transformation.

As an attorney, I’ve seen firsthand how emerging technologies can create both opportunities and obstacles. Legal systems are often playing catch-up, legislators debate new regulations, and businesses grapple with learning—sometimes the hard way—how to innovate responsibly. I’m creating this space now because it’s never been more crucial for us to understand where technology, law, and policy collide. By exploring these intersecting domains, we can better anticipate changes, stay ahead of compliance challenges, and harness innovation for the common good.

2. What Kind of Community Are We Building Here?

Substack isn’t just a place for articles; it’s a place for community. I want this to be your go-to hub for productive, enlightening discussions on topics that matter—whether it’s navigating new tech regulations, analyzing court decisions impacting innovation, or pondering how cutting-edge research might reshape industries. Here’s a snapshot of who might find value in this space:

• Tech Enthusiasts & Innovators: Explore how emerging technologies intersect with legal frameworks and learn about ethical design principles.

• Legal Practitioners & Policy Experts: Stay informed on new regulations, high-stakes court cases, and legislative proposals that could set the tone for decades to come.

• Curious Minds: Whether you’re new to these issues or seeking a deeper understanding, join us for thoughtful explorations into the latest and most pressing topics at the junction of law, technology, and disruptive innovation.

3. Frequency and Content

• Weekly Insights: At least once a week, you’ll receive a concise, informative post analyzing a pressing issue—such as a major AI policy update, a key court ruling on tech matters, or a noteworthy legislative shift.

• Community Engagement: In addition to regular articles, I encourage discussion in the comments. I want to foster a healthy exchange of ideas where all perspectives are heard and respected.

What You Can Expect

• Legal & Policy Updates: Readable summaries of new regulations, court decisions, and compliance requirements that stand to shape the future of technology.

• Ethical & Social Considerations: Articles exploring data privacy, algorithmic bias, and intellectual property challenges—among other critical topics in the tech realm.

• Future-Focused Discussion: Thoughtful commentary on how disruptive innovations might impact industries, governance, and daily life, with a focus on finding beneficial paths forward.

4. Why Subscribe?

• Timely, Accessible Content

  • Stay informed on emerging trends without wading through dense legal jargon.

  • Join a community of like-minded readers who are passionate about the future of law and technology.

• Meaningful Engagement

  • Participate in lively discussions through comments and occasional polls.

  • Share your own insights and experiences, helping others learn from your perspectives.

5. Looking Ahead

In the coming weeks, I’ll be exploring topics like:

• Chaotic areas of regulatory uncertainty, such as college athletics in the NIL era.

• Global Digital Assets and AI Regulation: How different countries are tackling digital assets and artificial intelligence as well as the implications for businesses and consumers.

• Blockchain & Smart Contracts: The promise (and pitfalls) of decentralized systems and the legal complexities they introduce.

• Digital Rights & Online Speech: Balancing freedom of expression with emerging considerations around platform governance and liability.

Thank You for Joining Me

I’m grateful you’ve chosen to start this journey with me. By subscribing, you’ll be part of a community that’s passionate about understanding and shaping the laws and policies that define our technological future. I look forward to our discussions, your feedback, and the collective insights we can uncover together.

If you have questions or topics you’d like to see covered, drop a note in the comments below.

—David McCarville

If you enjoy these explorations of law, technology, and disruptive innovation, consider subscribing to stay informed and join the conversation.

Articles and Presentations

• Author, “Treasury Suspends Enforcement of Corporate Transparency Act & Proposes Narrowed Scope,” Greater Phoenix InBusiness, March 6, 2025

• Co-Author, “NIL Agents: The Good, the Bad, and the Unregulated,” Fennemore Blog, March 4, 2025

• Author, “Considerations for Arizona businesses as the U.S. signals potential shift toward AI-based digital assets,” Phoenix Business Journal, March 1, 2025

• Co-Author, “A patchwork of name, image and likeness agent regulations leaves student-athletes largely unprotected,” Phoenix Business Journal, March 1, 2025

• Author, “Lessons From Developing A CTA Compliance Application,” Law360, February 12, 2025

• Author, “The New Administration’s Impact on AI and Digital Assets,” Greater Phoenix InBusiness, February 2025

• Presenter, “The 2025 Forecast for the Legislative Session,” Arizona Corporation Commission, January 31, 2025.

• Presenter, “The World of AI: Benefits and Perils for General Counsel,” Arizona Corporation Commission, January 31, 2025.

• Author, “Lessons from Developing A CTA Compliance Application,” Law360, January 27, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” AZ Big Media, January 14, 2025

• Author, “Trump’s impact on AI and digital assets: What business owners need to know,” Arizona Capitol Times, January 13, 2025

• Author, “What Arizona businesses should know about the incoming administration’s impact on AI and digital assets,” Daily Independent, January 9, 2025

• Quoted, “For small business owners in Arizona and elsewhere, Jan. 1 disclosure rule not in effect,” AZ Central, December 20, 2024

• Moderator, “Innovation at Small and Mid-Sized Law Firms,” The Legal Tech Fund Summit, December 2024

• Presenter, “DEFI, Stable Coins and NFTs, Blockchain and Patents,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, November 5, 2024

• Presenter, “Hadera AI Working Group: AI, Smart Contracts and Digital Assets,” November 5, 2024

• Presenter, “Supply Chains, Blockchains and Real Estate,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 22, 2024

• Presenter, “Smart Contracts, Blockchains and AI,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, October 8, 2024

• Presenter, “Bitcoin – A Case Study,” Blockchain & Cryptocurrencies Law & Policy Sandra Day O’Connor College of Law, September 10, 2024

• Presenter, “The Ethics of AI in Legal Practice,” Second Western Agricultural & Environmental Law Conference, June 14, 2024

• Panelist, “SCG Legal – AI Working Group. AI and Ethics panel discussion,” May 23, 2024

• Presenter, “LegalTech Boston: AI, Legal Work Remix and Alternative Fee Arrangements,” May 17, 2024

• Author, “As March Madness concludes, athletes and businesses looking for NIL deals should consider these legal risks,” Phoenix Business Journal, April 4, 2024

• Author, “Name, Image and Likeness (NIL) Compensation for Student Athletes,” Arizona Attorney Magazine, April 4, 2024

• Presenter, “AI Legal Tech for In House Counsel,” March 19, 2024

• Presenter, “CLE: Litigation update: Name, Image and Likeness & NCAA,” March 7, 2024

• Presenter, “Digital Assets, AI And Technology solutions for Trusts and Estates,” January 16, 2024

• Author, “Corporate Transparency Act takes aim at financial crime,” Capitol Times, January 12, 2024

• Author, “Considerations for Business and Student Athletes – Negotiating Name Image and Likeness Deals,” NIL Deals, January 4, 2024

• Author, “What You Need to Know About Corporate Transparency Act,” Phoenix Business Journal and Horizon, January 2, 2024

• Author, “Corporate Transparency Act to Enhance Economic Transparency in Business,” Arizona PBS, January 2, 2024

• Author, “Fennemore exec down new Corporate Transparency Act requirements,” Phoenix Business Journal, January 2, 2024

• Author, “How to prepare for implementation of the Corporate Transparency Act on Jan. 1,” AZ Big Media, December 20, 2023

• Featuring, “Student Athletes and Getting Paid for Their Name,” New At 3, November 9, 2023

• Featuring, “Blockchain Beyond Business: A Look at ASU’S Relationship with Cybersecurity Technology,” The State Press, March 21, 2023

• Author, “Legacy Businesses: Setting up baby boomers for success,” Lovin’ Life After 50, November 14, 2022

• Featuring, ” Legacy Businesses for 55+,” Arizona PBS, September 27, 2022

• Featuring, “The Importance of a Proper Business Exit Strategy,” Next Avenue, September 13, 2022

• Author, “How Baby Boomers can set up success in the sale of legacy businesses,” Daily Independent, August 26, 2022

• Author, “Setting Baby Boomers up for success in the sale of legacy businesses,” Arizona Digital Free Press, August 2022

• Author, “Setting Baby Boomers Up for Success in the Sale of Legacy Businesses,” inBusiness, August 2022

• Co-Author, “Experts: Is it OK to pay your employees in Bitcoin?” Daily Independent, June 2, 2022

• Co-Author, ” Is it OK to pay employees in Bitcoin?” AZ Big Media, May 26, 2022

• Co-Author, “Is it time to start paying your employees in cryptocurrency?” Phoenix Business Journal, May 24, 2022

• Author, “My View: Purchasing NFT art and sports memorabilia is the rage — but buyer beware,” Phoenix Business Journal, April 20, 2022

• Quoted, “So, you want to take your paycheck in bitcoin?” Morning Brew, March 31, 2022

• Interview, “Britney Spears Conservatorship Hearing,” Fox 10 Phoenix, November 18, 2021

• Author, “My View: Why Bitcoin is gaining critical legitimacy as new asset class,” November 9, 2021

• Interview, “Britney Conservatorship Hearing,” Fox 10 Phoenix, August 19, 2021

• Quoted, “Britney Conservatorship Hearing,” Fox 10 Phoenix, June 23, 2021

• Podcast, “Lessons Learned from the Rich and Famous with David McCarville,” Fenn.Talks Podcast, June 17, 2021

• Interview, “At the Center of a Paradigm Shift,” Fennemore Blog, June 10, 2021

• Interview, “Attorney David McCarville speaks about the importance of designating a power of attorney,” Arizona PBS, May 26, 2021

• Quoted, “Will Bitcoin Ever Be Accepted Widely as a Form of Payment?” GO Banking Rates, April 29, 2021

• Quoted, “Twitter CEO Jack Dorsey’s first tweet sold for $2.9 million on Sunday. The buyer said it’s the Mona Lisa of tweets,” Insider, March 24, 2021

• Author, “Hospitals Required to Provide Patients With Transparent Pricing,” Fennemore Client Alert, September 2, 2020

• Quoted, “Why Do Enterprise Blockchain Systems Fail? (Exclusive),” E-Crypto News, June 9, 2020

• Quoted, “Demystifying Cryptocurrencies: Promise and Potential Lead to Growing Appeal,” Destination CRM, May 29, 2020

• Presenter, “Key Blockchain Concepts for Corporate Counsel,” Association of Corporate Counsel, March 12, 2020

• Presenter, “The Future of the Practice of Law and Blockchain Technology,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, December 2, 2019

• Presenter, “Blockchain Technology as a Legal Tool,” Valley Estate Planners, November 21, 2019

• Presenter, “Blockchain for Lawyers,” Lawyers Networking Group Continuing Legal Education, October 23, 2019

• Presenter, “Supply Chain and Real Estate Applications,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 21, 2019

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 23, 2019

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 26, 2019

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Comerica Bank, August 20, 2019

• Presenter, “Blockchain and Cryptocurrencies,” Great West Financial, July 10, 2019

• Presenter, “Blockchain: From Digital Currency to Smart Contracts and Beyond,” Arizona State Bar Convention, June 27, 2019

• Presenter, “Industrial Hemp Market and Regulatory Overview,” Commerce Bank of Arizona, June 25, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Pinnacle Peak Luxury Home Tour, June 7, 2019

• Presenter, “Estate Planning Mistakes of the Rich and Famous,” Walt Danley Christie’s International Real Estate, April 24, 2019

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, April 9, 2019

• Presenter, “Legal Blockchain for Bright Beginners,” ASU Arkfield e-Discovery and Digital Evidence Conference, March 6, 2019

• Panelist, “Smart Contracts and Blockchain Subcommittee,” American Bar Association Cyberspace Law Institute and Winter Working Meeting, January 24, 2019

• Panelist, “Smart Contracts, Logistics, International Implications, and Future Applications,” Arizona Technology Council and Arizona Cyber Threat Response Alliance 2018 Cybersecurity Lunch Forum, December 12, 2018

• Presenter, “The Future of Blockchain,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 20, 2018

• Presenter, “International Use Cases for Blockchain and Cryptocurrencies,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, November 6, 2018

• Presenter, “Blockchain Technology in Real Estate and Supply Chain/Logistics,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, October 16, 2018

• Presenter, “Pitfalls to Avoid in Estate Planning,” Merrill Lynch, October 3, 2018

• Presenter, “The Legal Impacts of Blockchain Technology,” Arizona State Bar Intellectual Property Section, October 16, 2018

• Presenter, “Smart Contracts,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, September 25, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Scottsdale Estate Planners, September 13, 2018

• Presenter, “Bitcoin: A Case Study,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 28, 2018

• Presenter, “Course Overview,” ASU Law School: Blockchain and Cryptocurrency Law and Policy, August 21, 2018

• Presenter, “Legal Implications of Blockchain Technology,” Maricopa Country Bar Association, June 1, 2018

• Presenter, “Blockchain and Cryptocurrencies,” Finemark National Bank & Trust, March 15, 2018