Key Issues in Negotiating AI Technology Vendor Contracts: IP, privacy, cybersecurity, and liability

Session I – Key Issues in AI Contracting - Julia Jacobson, Alexandra (Sasha) Kiosse

This session will provide an outline of key contracting issues that arise when selecting and engaging an AI technology vendor.

Key topics to be discussed:

• Common uses of AI technology
• How AI technology is similar to and different from other types of technology
• The AI legal framework
• Vendor selection factors unique to AI technology vendors

Session II – Negotiation Tactics for Al Technology Vendor Contracts - Julia Jacobson, Alexandra (Sasha) Kiosse

This session will review key provisions of AI vendor contracts, exploring intellectual property, privacy and cybersecurity and liability allocation provisions in AI vendor contracts. Attendees will learn how to adapt negotiation tactics to address the challenges associated with AI vendor agreements.

Key topics to be discussed:

• Data ownership
• Jurisdictional considerations
• Representations and warranties
• Indemnities and liability caps

Session III – Effective Vendor Contract Management: Minimizing risk in AI, cloud services, and
software agreements - Mike Overly and Ashley Kennedy

Every business of every kind, type, and size relies on technology to conduct its operations. That technological environment has become ever more complex in recent years. Businesses use a variety of cloud services and locally installed software every day. To add to that environment, artificial intelligence (“AI”), is being integrated into many of those products and services. AI presents its own unique risks and rewards. In this session, we discuss the key elements of negotiating effective cloud and software agreements and addressing the specific challenges of AI in those agreements.

Key topics to be discussed:

• Understanding the key risks and common pitfalls in cloud services and software license
  agreements
• Common concerns presented by the integration of AI into cloud and software solutions
• Negotiation approaches to mitigate risk

Session IV - Privacy and Security Considerations in AI Vendor Contracts – Tyler Thompson

Dealing with privacy and security contract provisions with AI agreements requires understanding the intersection of the two most dynamic areas of the law. This session will discuss when privacy provisions are required in AI agreements, how security considerations should be approached, and the interaction between AI specific regulations and privacy laws. 

Key topics to be discussed:

• Data protection addendums in the AI context
• Security considerations and provisions
• Notice and transparency issues
• Potential privacy and security risk while using AI

Session V - Considerations in Software and Cloud Services Agreements – Morgan Jones

Businesses across all industries are increasingly engaging technology service providers to perform services for or on behalf of these businesses. Inherent in every such engagement are a litany of considerations that businesses must contemplate before, during, and after such engagements to not only mitigate risks but also maximize opportunities. Such considerations depend on various factors.

Key topics to be discussed:

• Key considerations with respect to cloud services agreements
• Understanding software licensing agreements
• Negotiating software licensing agreements
• Approaching unique opportunities and challenges involving artificial intelligence and machine learning

Closed-captioning available