Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
By way of update to our recent reporting on the California legislative efforts to regulate artificial intelligence (AI), on September 29, 2024 California Governor Gavin Newsom vetoed SB 1047, a bill imposing new AI safety regulations, while approving AB 2013, a law mandating transparency in generative AI.
As discussed in a previous LawFlash, the California legislature recently passed SB 1047. Along with AB 2013, which is focused on transparency and is also awaiting Governor Gavin Newsom’s signature, California lawmakers are innovating on artificial intelligence (AI) at Silicon Valley speed.
Partner Andrew Gray will be a featured panelist at the upcoming Licensing Executives Society event titled AI and the Law: What You Need to Know Today. In this discussion, Andrew and fellow panelists will explore how artificial intelligence (AI) continues to transform intellectual property law, licensing, and strategy.
Please join us for the next installment of our Startup & Accelerate webinar series, focusing on key artificial intelligence considerations for emerging companies. In this webinar, partner Michael S. Ryan and of counsel Brian P. Slough will explore important legal and technology issues and questions that startups and emerging companies should consider with respect to the development, licensing, and use of AI technologies.
Contract Corner
How are intellectual property (IP) and data rights allocated when a particular dataset is a key to unlocking a powerful new artificial intelligence/machine learning (AI/ML) model or use case? To find a balance, contracting parties may end up trading a black box for Pandora’s box.
One of the commonly advertised features of AI is that it is beneficial for automation and increasing productivity. When a company considers improving its productivity and employing an AI tool, it will typically go through a contracting process with the service provider and assess the terms of use and associated risks for the business. But what happens if an employee presses on and starts using an AI tool that was not vetted by the company?
As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services that incorporate AI. This is especially true considering there may be situations where service providers use AI at some point in the workstream without the recipient even realizing.
Please join us for another Morgan Lewis Technology Marathon event. In this webinar, partner Doneld Shelkey and associate Jesse Taylor will explore the legal and technology issues that arise in the sports industry in connection with the use of artificial intelligence, digital sponsorships for events and in stadiums, and data security and personal privacy. They will be joined by Cameron Hammel, counsel at the Boston Red Sox.
Contract Corner
A significant number of legacy software solutions are now incorporating generative artificial intelligence (GenAI), and most new software solutions have some form of GenAI capabilities. This is true across the majority of, if not all, industries and, as such, it is not surprising that we are seeing a large increase in GenAI-related queries from businesses that use, or are procuring, software.