Tech Talks by Mayer Brown

In this episode of Tech Talks, Mayer Brown partners Julian Dibbell, Brad Peterson, and Spencer Glende explore how companies can structure IP frameworks in contracts to support innovation in emerging technologies. They discuss why traditional contracting approaches often fall short in high-uncertainty environments and outline practical strategies—such as joint governance, flexibility, and aligned incentives—to help parties collaborate effectively and maximize long-term value.

Show notes: 00:02 Introduction to IP Frameworks in Contracts for Emerging Technologies 2:00 Defining "emerging technology" 5:21 IP Contracting Perspective 11:09 How to build IP frameworks 12:19 Key 1: Clarity of Common Purpose 13:49 Key 2: Mechanism of Joint Steering Committees 19:26 Key 3: Maximizing Innovation Value 22:26 Key 4: Element of Flexibility and Optionality 26:24 Key Takeaways

In this episode of Tech Talks, Mayer Brown partners Julian Dibbell, Brad Peterson, and Spencer Glende explore how companies can structure IP frameworks in contracts to support innovation in emerging technologies. They discuss why traditional contracting approaches often fall short in high-uncertainty environments and outline practical strategies—such as joint governance, flexibility, and aligned incentives—to help parties collaborate effectively and maximize long-term value.

Show notes: 00:02 Introduction to IP Frameworks in Contracts for Emerging Technologies 2:00 Defining "emerging technology" 5:21 IP Contracting Perspective 11:09 How to build IP frameworks 12:19 Key 1: Clarity of Common Purpose 13:49 Key 2: Mechanism of Joint Steering Committees 19:26 Key 3: Maximizing Innovation Value 22:26 Key 4: Element of Flexibility and Optionality 26:24 Key Takeaways

In this episode of Tech Talks, Julian Dibbell is joined by partner Brian Nolan and associate Megan Fitzgerald to unpack how companies can protect AI assets and outputs using IP strategies. The conversation maps the key protectable components of AI—algorithms and code, trained models and parameters, proprietary datasets, and outputs—and evaluates the strengths and limits of trade secrets, copyrights, patents, and contracts. They highlight why trade secrets are particularly powerful for AI while probing emerging "improper means" issues like scraping, prompt injection, and ToS violations. They also survey evolving copyright law on human authorship and fair use in training, and discuss patent inventorship guidance and eligibility trends, before closing with practical contracting approaches to allocate data rights, output ownership, and IP strategy.

Show Notes:

00:02 Introduction to Protecting AI Assets and Outputs 02:00 Protectable AI Assets: Algorithms, Models, Data, Outputs 06:07 IP Toolkit: Trade Secrets, Copyright, Patents, Contracts 09:55 "Improper means" in AI: Scraping, Prompts, ToS 12:44 Using Copyright to Protect AI 16:21 Copyright: Human Authorship, Code Protection, Fair Use 21:27 Patents: Inventorship Guidance, Eligibility, Open Issues 29:58 Contracts: Data Rights, Output Ownership, Strategy

In this Tech Talks episode, Mayer Brown partners Ana Bruder, Julian Dibbell, Gabriela Kennedy, Arsen Kourinian, and Oliver Yaros put four AI regimes head to head: the European Union's risk based Act, the United Kingdom's light touch approach, Asia's mixed models, and the United States' state by state patchwork. Their contracting playbook: lock down roles and risk, and go beyond "comply with law" to require risk management, human oversight, transparency, and data use limits. Our hosts close out by looking ahead to 2026 to see how these regimes diverge further.

Show Notes: 00:04 Introductions to Artificial Intelligence Provisions in Technology Contracting 02:52 EU AI Act: Roles, Risk Tiers, and Contract Implications 04:05 UK's Pro Innovation, Light Touch Framework 07:50 Asia Snapshot: China's GenAI Rules vs. Soft Touch Regimes 10:58 U.S. Patchwork: State Laws, High Risk Use Cases, and Contracts 14:41 Negotiating AI Contracts Amid a Shifting Global Regulatory Landscape 18:44 Practical Best Practices for AI Contracting 24:50 Beyond "comply with law": Standards, Data Use, and Future Proofing 27:25 2026 Looking Ahead: Global Regulatory Trajectories

In this crossover episode of The Upper Brand and Tech Talks, hosts Rich Assmus, Kristine Young, and Julian Dibbell explore how brand licensing functions as a capital-efficient growth strategy—accelerating entry into new markets, categories, and geographies by pairing a company's brand equity or technology with a partner's manufacturing and distribution strengths. They walk through the practical lifecycle of a successful deal—from readiness and IP protection to partner diligence and crisp term sheets—and then dive into contract mechanics such as scope clarity, tailored royalty structures, calibrated exclusivity with performance milestones, and rigorous quality control. The discussion also addresses modern considerations including audits, ownership of improvements, AI-generated outputs and data compliance, sublicensing controls, exit planning, and dispute frameworks. Their closing advice: operationalize quality and align incentives so both parties win when the partnership wins. Episode Show Notes: 00:02 Introduction to IP Partnerships and Brand Licensing 3:15 Readiness checklist 4:56 Contract scope and definitions 6:28 Exclusively without handcuffs 8:09 Oversight and ownership 9:55 Sublicensing, terms, and termination 11:37 Built-in resilience

This episode of Tech Talks outlines why intercompany licensing—clear ownership, licensees, and exclusive rights—is vital for operations and litigation standing. It flags exit tax and transfer pricing exposure tied to DEMPE functions and valuation disputes, which can cause double taxation without strong documentation. Mayer Brown partners Jim Ferguson and Jason Osborn, along with host Julian Dibbell, review enforcement nuances for patents, trade secrets, trademarks, and copyrights, and the need to update employment agreements to assign future inventions to the right affiliate. Their takeaway: align structures with business reality and coordinate IP and tax teams early.

As companies expand global operations, they are forced to navigate a patchwork of local IP laws, data and artificial intelligence (AI) regulations, and ever-shifting geopolitical tensions. Without sufficient diligence, planning, and contracting, companies can fall victim to IP leakage, downstream disputes, data protection and export control problems, and impediments to innovation. In this episode, Mayer Brown partners discuss key IP issues that arise in global outsourcing and cross-border technology transactions and offers practical recommendations for structuring deals that safeguard innovation.

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual Property practice, to unpack the U.S. Copyright Office's latest report on generative AI and copyright law. They dive into the high-stakes legal questions surrounding the use of copyrighted content to train AI models, including hot-button issues like model weights and retrieval-augmented generation. They also discuss how courts may apply the fair use doctrine to generative AI, with a close look at transformativeness, market impact, and other key factors.

Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss Thomson Reuters v. Ross, a closely watched case with important implications for AI and data usage. We start by outlining the key facts and legal framework the court considered before turning to the central issue of the ruling: fair use. Rich explains how the court applied the four key factors of fair use and what this analysis means in the context of AI and data technology. We also explore the broader implications of the decision and its potential impact on other cases involving AI and training data—and on companies looking to contract for AI products and services. Join us for an insightful discussion on one of the year's most notable legal decisions in this evolving area of law.

2025 is shaping up to be a busy year in tech. While blustery economic tailwinds continue to drive digital transformation, a new presidential administration promises shifts in policy that will likely keep businesses on their toes. In this episode, host Julian Dibbell is joined by Rohith George, Joe Pennell, Brad Peterson, and Scott Young, partners from all across our Technology & IP Transactions practice, to provide perspectives on the opportunities and challenges that lie ahead. We will discuss the expected increase in M&A activity, the impact of venture capital on emerging tech companies, the growing significance of AI in dealmaking, and the challenges posed by regulatory uncertainty.