How to Contract

We have another fantastic episode planned for March 21. Our three panelists will explore the ins and outs of provisions in AI contracts that set rules around the vendor's use of the customer's data. Stay tuned for more details to come.

What's your strategy for negotiating the critical provisions in your contracts to buy or sell products with AI features? That's what we'll be discussing on April 4. Speakers to be announced soon. This is definitely an episode that every in-house commercial contracts lawyer and professional needs to watch.

Join us on March 28 for Episode 4 of AI Contracts Explained. We'll be exploring what contract provisions and processes we need to have to ensure AI-related legal compliance and governance.

We're lining up some amazing episodes of our new LinkedIn Live training series. Episode 2 will dive into vendor and customer obligations. Most AI contract training sessions focus on data ownership, privacy issues, and training rights. Our speakers in this session will explore the operational obligations that vendors and customers have in these contracts. We'll cover delivery schedules, implementation processes, and acceptance testing requirements, product warranty specifications, ongoing support commitments, and service level expectations. We'll also address post-term transition protocols including data migration, knowledge transfer, and continuity planning. See you on March 14! #AIContracts #Contracts #HowToContract

Contracts are more than legal documents—they're strategic tools for business success. Hebe Doneski, General Counsel at Symmetry Software, shares her insights in her How I Contract interview. Hebe's top advice for contract professionals: Be pragmatic. "Learn as much as you can about the business you are representing," she advises. Understanding the client's industry helps in drafting and negotiating contracts effectively. Her favorite time management tip? "I set my timer for one hour to remind myself to take regular breaks. It helps me think more clearly." Hebe also emphasizes the importance of not rushing. "Try to avoid rushing. Especially in-house, your client will pressure you to turn contracts around as quickly as possible." Allowing time to review contracts with fresh eyes can help spot errors. Her biggest lesson? "Remember that it is never about you. If someone is being difficult, realize that they may be having a bad day." Maintaining a gentle tone can ease negotiations. What strategies do you use to improve your contracting skills? Read the full interview here: https://loom.ly/Pg8zVho #HowIContract #HowToContract #lawyers #contracts

We're getting excited about Episode 2 of AI Contracts Explained. Our AI contracting experts are Laurie Ehrlich (she/her), John Pavolotsky, and Jennifer Zador. We're diving into the operational and relationship provisions. Here's the list of topics we plan to cover: I. Implementation and Ongoing Model Management (15 min) - Unique implementation considerations — domain adaptation requirements, initial model customization, testing against real-world scenarios - AI Training and Evolution Requirements — ongoing training obligations, continuous improvement commitments, model refresh schedules - Specialized Testing and Acceptance Criteria — AI-specific proof of concept phases, domain-specific benchmarking, progressive acceptance gates - Model Adaptation and Customization — domain-specific tuning requirements, user feedback incorporation, model personalization boundaries II. Oversight, Accountability and Explainability (15 min) - Human oversight requirements — AI-specific "human in the loop" provisions, responsibility for review of AI outputs, allocation of decision-making authority - Novel training obligations — ongoing model improvement responsibilities, feedback loop implementation, knowledge transfer specific to AI systems - AI Explainability Obligations — documentation requirements, decision path tracing, explanatory interfaces - Algorithmic Accountability Provisions — audit rights, algorithmic impact assessments, responsibility allocation for outcomes - Non-Delegation of Authority Provisions — decision-making boundaries, reserved human judgment areas, automation limits III. Specialty Usage and Operational Controls (10 min) - Competitor Training Prevention — anti-competition provisions, model contamination protections, usage monitoring - Specialized Personnel Requirements — AI expertise qualifications, dedicated oversight roles, required certifications - Suspension and Emergency Override Rights — threshold triggers for suspension, override mechanisms, restoration procedures - Specialized Personnel Requirements — AI expertise qualifications, dedicated oversight roles, required certifications IV. Termination and Transition Challenges (10 min) - AI-specific challenges in transition — model continuity vs. traditional data migration, handling of learned improvements, knowledge transfer of AI-specific operations - Novel considerations for system decommissioning — AI model archiving requirements, preservation of decision logs and rationales Make sure to register today! I'll add the link in the comments. #AIContractsExplained #AIContracts #Contracts #HowToContract

Contracts are at the heart of business operations. Andy Dale, General Counsel & Chief Privacy Officer at OpenAP, shared his top strategies for mastering contracts in his How I Contract interview. Andy’s advice for contract professionals: Prioritize simplicity and efficiency. “A streamlined approach makes contracts easier to navigate and reduces bottlenecks,” he says. A key tip? Use templates wisely. “Good templates save time and ensure consistency, but they must be tailored to the deal at hand.” Andy also emphasizes the importance of collaboration: “Contracting is a team sport. Work closely with your business partners to understand their goals and challenges.” His biggest takeaway? Contracts should empower the business. “Focus on agreements that don’t just mitigate risks but also drive outcomes.” What’s your go-to tip for drafting contracts that work for your business? Read Andy’s full interview here: https://loom.ly/_Ini_HY #HowIContract #HowToContract #lawyers #contracts

EDIT - The privacy episode is rescheduled to April 11. We'll be diving into privacy issues on Episode 6. Join us to more about the specific approaches and strategies you need to know when dealing with privacy and data protection in contracts to buy and sell AI products. We'll announce the speakers for the episode soon! #AIContracts #Contracts #HowToContract

Contracts are more than legal documents—they're strategic tools for business success. Sterling Miller, CEO and Senior Counsel at Hilgers Graben PLLC, shares his insights in his How I Contract interview. Sterling's top advice for contract professionals: Ask more questions. "I think drafting contracts goes much faster if you have spent 30 minutes with the business understanding what they want to get out of the deal," he notes. This approach ensures contracts align with business objectives. His favorite time management tip? "I also created a lot of checklists which helped me get through the pile even faster. Big fan of checklists." Checklists streamline the review process and maintain consistency. Sterling emphasizes the importance of understanding the business's risk tolerance. "Learn the business's risk tolerance and do not substitute your aversion to risk in place of what the business is okay living with," he advises. This ensures contracts reflect the company's comfort with potential risks. His biggest lesson? "Try to get the business to truly partner with you on a contract... Convincing them otherwise and solving the hard issues together is a much better way to go." Collaboration leads to more effective and efficient contract negotiations. What strategies do you use to improve your contracting skills? Read the full interview here: https://loom.ly/hKSrkiY #HowIContract #HowToContract #lawyers #contracts

Drafting contracts is both an art and a science. Nate Kostelnik, who works at the Oncology Nursing Society, shared invaluable lessons in his How I Contract interview. Nate’s top advice for contract professionals: Focus on clarity and precision. “Ambiguity can lead to disputes. A well-drafted contract should leave no room for misunderstanding,” he says. His warning to contract drafters? Don’t overcomplicate. "Complex language often confuses more than it clarifies. Simplicity is key to ensuring all parties understand their obligations." Nate also highlights the importance of learning from mistakes. “Every redline and negotiation is an opportunity to refine your craft,” he notes. Use feedback to improve and grow as a professional. His biggest lesson? Collaboration matters. “Drafting isn’t just about the words on the page—it’s about working with your business to create agreements that enable success.” What’s your approach to avoiding common pitfalls in contract drafting? Read Nate's full interview here: https://loom.ly/xqVYDkA #HowIContract #HowToContract #lawyers #contracts