The Roadmap

In this episode, Elisa Lindemann and Vik Khurana discuss our benchmarking of the terms of service of the top 10 GenAI providers. They unpack the latest market practice positions and explain what this means to customers and users, in particular how lawyers can advise on best practice use and adoption of GenAI tools and what this might mean for internal use policies and risk management frameworks. Topics include:

• ownership of outputs generated by AI;
• accuracy, hallucinations and the level of responsibility the providers take;
• providers’ rights to use input data and associated risks;
• IP indemnities and copyright commitments; and
• compliance with applicable law.

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In this episode, Marc Dautlich takes the Roadmap off-road to speak to special guests, Sean Griffin (Partner at US firm, Longman & Van Grack) and Emily Atkinson (of Bristows’ very own Employment and Immigration team) about the use of AI in the workplace here in the UK and in the US. 

Marc, Sean and Emily discuss and compare the employment/labour law and data protection issues arising from HR-related uses of AI, including:

• how existing law is already shaping AI-related workplace disputes on both sides of the pond, including real-life examples of how AI is already being used by employers;
• how new legislation in the EU and US might affect the use of AI to recruit, manage and terminate employees; and
• the common link between Amazon, lacrosse and men called Jerrod!

 They also provide practical steps for businesses, and in particular HR teams, who are already using AI tools or are thinking about doing so, e.g. as part of the recruitment process or for performance management.

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In this episode, Camille Beckmann speaks to Anneke Pol and Vik Khurana (along with a special guest AI chatbot!) on how to structure contracts to comply with the new EU AI Act.

Much of the focus so far has rightly been on compliance with the AI Act, as companies work out whether, and how, it applies to them and what they will need to do to get their AI systems to market. We are now moving to how this will impact AI deals, setting-out emerging best practice for contracting for AI systems and uses that are regulated by the Act. We spend the episode unpacking the duties under the Act and how they will play-out in contract drafting and negotiation between customers and suppliers.

In particular the trio discuss:

• how to frame the roles and relationships by reference to the Act;
• how to contractualise the uses (and misuses) of AI systems; and
• the dependences each party will have on the other for its own AI compliance.

The episode also features a “guest appearance” from an AI chatbot “discussing” the extra-territorial impact of the Act on contracts!

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In this episode of The Roadmap, our technology lawyers, Adrian Sim and Freya Ollerearnshaw distil the key issues and takeaways from the one of the biggest tech disputes to reach the UK courts in recent years. They share perspectives that both customers and suppliers may find useful. In particular, Adrian and Freya will explore:

• the impact of dependency and relief provisions, and what can happen where known dependencies are not expressly included in the contract; 
• how conditions precedent can be used by both customers and suppliers to great effect in a variety of circumstances; and
• some pitfalls when liability clauses are not as clearly drafted as they could be.

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Numerous parallels can be drawn between the EU AI Act and product safety legislation - including risk classification for product liability, conformity assessments, CE marking and post-market surveillance – all of which are mirrored in the Act.

But are organisations that are well-versed in placing safety-critical products on the market, better prepared to comply with the product safety aspects of the EU AI Act than others?

In the second episode of our mini-series focusing on this significant regulatory change, host Anneke Pol is joined by Charlie Hawes and Alex Denoon to:

• Explore some of these parallels in more detail; and
• Share some takeaways from medical device legislation for those looking to comply with the product safety features of the Act – particularly in the context of “high risk” AI systems.

Please also take a look at our article series on the EU AI Act in which we address these subjects further – high risk AI, provider and deployer roles, product safety requirements, AI governance, and IP and employment issues under the Act.

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In the first episode in this series on the EU AI Act, our tech lawyers Anneke Pol and Vik Khurana introduce some key elements of the Act we think all organisations need to be aware of. In particular:

• how to know whether your AI product or use is “high risk” – a vital question since so many of the Act’s requirements flow from it; and
• what “role” you’re playing under the Act – including, importantly, providers (developers) and deployers (i.e. users). Please stay tuned for upcoming episodes in this series, including product safety under the AI Act and how to manage internal governance.

Please take a look at our article series on the EU AI Act in which we address these subjects further – high risk AI, provider and deployer roles, product safety requirements, AI governance, and IP and employment issues under the Act.

Note: All information was correct at the time of recording.

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This bonus episode features Vik Khurana - a partner in our commercial technology team as well as regular guest of this show – in conversation with David Malkinson of Morae, a legal technology company.

It’s a recording of a Q&A session which took place at ConnectLive, a major legal tech conference hosted by iManage, in London on 20 June 2024. The discussion explored the impact of GenAI tools within the legal sector and practical adoption considerations. David and Vik also provide their insights on the evolving landscape of legal tech and its effect on the work of lawyers.

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With Alice Esuola-Grant in the host’s seat this week, The Roadmap welcomes Rob Powell to explore the various contractual remedies customers may consider including in their agreements with suppliers when engaging in digital transformation projects. 

What remedies are available? Which are best suited to the project in hand? Which have we seen work best in practice when invoked? And crucially, which ones are the most practical and realistic to enable you as a customer to achieve your business objectives?

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This time on The Roadmap Chris Holder chats to Rob Powell and Alice Esuola-Grant about managing the procurement process for your digital transformation - from aligning internal stakeholders, going out to market, managing bids and navigating tricky negotiations, as well as co-ordinating your own internal customer teams.

Getting the procurement process right can be a key pillar in giving your digital transformation project the best chance of success - setting the tone for your relationship with the supplier and ensuring you achieve a robust, protective contract.

Chris provides us with some of his top tips from years of experience on how best to manage this process from end to end – and crucially how, as lawyers, you can add value at each step of the way.

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In this episode, our tech lawyers Vik Khurana and Anneke Pol discuss how IT suppliers use their customers’ data, the risks to customers and what they can do about it. In particular:

• The supplier arms-race to embed AI in their enterprise products and services.
• How they are using customer data and the legal and contractual loopholes they are leveraging.
• A checklist of risks and mitigations customers can use to guard against inadvertent data sharing.
• How 'hidden AI' in enterprise services is causing GenAI-specific IP, confidentiality, liability and accuracy issues and what you can do about them.

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If you have any feedback, questions or comments, please email us at [email protected]

Find all the episodes as we release them here, and don’t forget to subscribe! Follow us on LinkedIn using #TheRoadmapPod