Negotiating Generative AI Agreements: Contract Law, Emerging Regulation, and Practical Drafting Strategies

Generative artificial intelligence is transforming enterprise software contracting and fundamentally changing how attorneys assess contractual risk. AI-enabled technologies—including machine learning, large language models, and generative AI systems—introduce novel legal issues involving intellectual property, confidentiality, privacy, data governance, regulatory compliance, liability allocation, and professional responsibility.

This program provides attorneys with a substantive legal framework for negotiating AI-enabled technology agreements by examining applicable contract law principles, federal and state privacy laws, intellectual property doctrines, trade secret protections, regulatory developments, and recent AI litigation. Participants will apply these legal authorities to the practical negotiation and drafting of commercial AI agreements.

Upon completion of this program, participants will be able to:

• Analyze how generative AI alters traditional contract risk allocation in commercial technology agreements.

• Apply common law contract principles and statutory authorities to negotiate AI-enabled SaaS agreements.

• Evaluate AI-related contractual provisions under applicable intellectual property, trade secret, privacy, and consumer protection laws.

• Interpret emerging federal, state, and international regulatory requirements affecting AI procurement and governance.

• Assess evolving AI litigation and enforcement trends and their impact on commercial contracting.

• Draft and negotiate AI-specific contractual provisions governing data rights, confidentiality, ownership, warranties, indemnification, liability allocation, and regulatory compliance.

• Identify ethical obligations relating to attorney competence, confidentiality, and supervision when advising clients regarding AI technologies.