Monday, September 16, 2024

They’ve Got Next: The 40 Under 40 – Sam Clearwater of Google

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Please describe two of your most substantial, recent wins in practice.

Two of my most impactful wins are AI launches at Google that increase access to information and democratize learning.

In March 2022, I led the global launch of Aloud as the lead lawyer for Area 120 (Google’s former startup incubator) in San Francisco. Aloud harnesses advances in machine learning to translate and dub videos into multiple languages.

This is particularly important in countries lacking access to native language content. Launching prior to the boom in AI and accompanying regulation required novel consideration of how existing privacy and copyright laws should apply to this innovative technology.

In early 2023, I moved to Google Research in New York to focus exclusively on cutting-edge AI research and development. A few months later, I led the launch of a speaking practice tool within Google Search, which allows mobile users to converse with an AI-powered language tutor and receive real-time feedback.

This project was complex given the tool leverages multiple advanced machine learning models (e.g., for grammar and semantic analysis). I worked closely with the researchers and engineers to understand these on a highly technical level, which gave me the foundational knowledge to advise on the launch amidst a rapidly evolving AI legal and policy landscape.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

As a junior associate, I learned the importance of deeply understanding my client’s business and embracing technical details. Many lawyers avoid non-legal complexities, be it financial data, a formula in a contract or the engineering that underpins a product. However, by investing time to learn about the fundamentals of a business, I gain the trust and respect of clients and am able proactively to find strategic legal solutions.

As one example from my first year in private practice: I advised Transport for London (TfL) on a US$1.1 billion contract for its next-generation ticketing services. The lead associate encouraged me first to study the underlying technologies (such as NFC and RFID, which enable contactless payments). With that technical basis, I was able to contribute meaningfully and with appropriate context throughout the deal.

This lesson is highly relevant in my current AI-focused practice where there is a growing divide between the technology and the governing laws. I therefore collaborate closely with the researchers and engineers (including by contributing to published papers on complex machine learning models). By embracing technical depth, not only have I become a trusted partner to my clients, but I also have the expertise to help shape policy and legal precedents in the sector.

How do you define success in your practice?

Too often, lawyers seek only to identify the reasons not to launch a product or enter into a deal. For me, success is listening to my client and finding solutions that enable their vision. By understanding my client’s goals, I have the best framework for my advice and for assessing risk. Law should not be practiced in an academic silo – it should be applied in the context of the client’s business and drivers.

I have demonstrated this throughout my career. As the lawyer for Area 120, Google’s startup incubator, and given my focus on helping my clients, I was invited to join the investment team. I assessed key pre-funding issues including market fit, user metrics and product roadmap viability and actively helped determine which startups to invest in.

Clients are not always motivated by profits, but the principle remains the same: find solutions, not problems. At Google, I volunteered to be the lawyer for Google for Startups, an initiative that supports startups and entrepreneurs. There, success was measured in community impact, not by the bottom dollar.

I therefore proactively implemented a detailed global privacy policy that enabled the team to identify underserved groups and foster greater diversity. This program was fundamental to multiple projects, including the Black Founders Fund, which has awarded more than $30 million equity-free to help Black-led startups globally.

What are you most proud of as a lawyer?

I am most proud of working on some of the most advanced technologies in the world, particularly those that have made a tangible and positive difference to people’s lives. This is incredibly important as technology can either be a force for good or it can entrench existing inequality. Some of the impactful technology projects I have advised on include:

The development and open-source release of Project Guideline. This digital tool leverages complex ML models to enable people who are blind and low vision to walk or run outdoors independently, using their phone’s camera to provide real-time audio feedback.

The global launch of a free ML-powered language learning tool, which allows users to speak into their phone’s microphone, interact with an AI language tutor and receive real-time speech feedback. I had to understand several complex ML models on a very technical level and then to advise on these in the context of multiple conflicting laws.

Although this was challenging, I was rewarded by enabling millions of users in developing countries to access and learn from this powerful educational tool. Also, the global launch of Aloud, which provides free automated video dubbing and translations, instantly increasing the spread and availability of knowledge. This is especially important in countries lacking access to native language content.

Who is your greatest mentor in the law and what have they taught you?

My greatest mentor is Randy Kim, my former manager at Google. Randy’s background is unusual for a technology lawyer. He clerked for the Ninth Circuit Court of Appeals and became a partner at a top-rated litigation boutique, specializing in white-collar criminal defense. He then pivoted to work at Google, where he was the manager for the technology incubation and innovation legal team.

Many lawyers fall into a stereotype: overly confident and eager to control the conversation, but privately afraid to ask questions and lose face. This leads to the omission of crucial information, sub-standard advice, and a disgruntled client.

In contrast, Randy, with his extensive litigation and courtroom experience, taught me an approach grounded in quiet confidence and awareness of one’s limitations: the importance of patience, asking insightful questions and listening carefully to the answers.

These skills have been invaluable in my practice. Given my focus on highly complex and cutting-edge technologies, my clients are often scientists or engineers. It is imperative that I can admit what I do not know and have the confidence to ask the right questions before providing advice. Showing patience and humility has been vital in building a trusting relationship with my clients.

Randy summed it up well: knowing what to ask and when not to speak is just as important as knowing the law and providing an answer.

Tell us your two favorite songs on your summer music playlist.

Having grown up in New Zealand, there are always some Kiwi classics on my playlist. Two of my favorites that make me think fondly of home are “Loyal” by Dave Dobbyn and “Don’t Dream it’s Over” by Crowded House.

Sam Clearwater of Google prepares a gourmet meal in his kitchen.

Credit: Sam Clearwater and Jonathan Hurtarte/Bloomberg Law

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