IT Contracts 2024 Virtual Conference

Introduction

This annual conference, chaired by Mark Weston and with a panel of experts, examines a range of currently topical subjects ranging from potential AI disputes through to IP in commercial transactions.

What You Will Learn

This conference will cover the following topics:

9.30am - 10.30am: Open Source Software

Mark Weston, Weston Legal

• Open source software
• The rise of OSS
• Historical concepts
• The open source definition
• The trajectory of OSS today
• OSS as an industry
• OSS licences
• MIT
• GPL

10.30am - 11.30am: Potential AI Disputes & How to Avoid Them

Lizzie Williams, Harbottle Lewis

The legal implications of using AI tools are wide-ranging and are important for all businesses using, or considering using, AI. This talk will provide an overview of: (i) the key areas of legal exposure which businesses should be aware of; and (ii) the key strategies to reduce such exposure. This will cover, amongst other things:

• Contractual claims
• Negligence claims
• IP and data-related claims
• Proper governance procedures
• Best practice guidelines

Morning break for refreshments

11.45am - 12.45pm: Caselaw Update on Key Clauses in IT Contracts

Lizzie Williams, Harbottle Lewis

This session will provide a ‘round up’ of the key caselaw in the last 12 months impacting the drafting of IT contracts, so as to ensure that attendees are appraised of the latest position, whether that is on limitations of liability, liquidated damages or otherwise.

12.45pm - 1.00pm: Questions on Morning Session

Lunch

2.00pm - 3.00pm: IT Development Contracts

Jimmy Desai, Keystone Law

IT development contracts often arise when an organisation wants to refresh or replace its existing IT or make major developments to its IT, such as developing a new app.

Although organisations expect that this should be quite a straightforward process, there are numerous legal issues to consider.

Obvious difficulties include cost and time overruns but there are also other legal aspects that you need to pay close attention to when drafting and amending IT development contracts.

These include issues such as:

• Legal trends in structuring this type of agreement
• How do you structure this type of agreement from a customer or supplier point of view?
• To what extent (if at all) is a lawyer giving or providing commercial advice to their clients regarding how to go about the project?
• How can the relative bargaining positions of the parties at the start and throughout the project change in relation to legal issues and enforcement?
• How can issues regarding payment go wrong? How can you foresee these kinds of issues and deal with them at the start?
• How can limitation of liability clauses be tailored in this type of IT development project?
• How can quality be measured as the project proceeds?
• How can you exit the project if it isn’t working and exit with as little disruption as possible?

In this session you will learn the following:

• Common traps which you can unwittingly fall into when drafting IT development contracts and which you might only become aware of when it is too late
• Learn about tips from case law in relation to how to avoid these common traps

3.00pm - 4.00pm: IP in Commercial Transactions

Jimmy Desai, Keystone Law

IP issues can often be hidden in commercial transactions for many months or years.

Often there then comes an event which means that existing documents or arrangements need to be scrutinised by third parties such as investors, purchasers, lenders, or others.

In these circumstances IP issues can come to light but at that point the position cannot be salvaged or, alternatively, the position can be salvaged but only at great expense.

This session will look at practical examples and case law, and will cover the following:

• IP Gaps and mistakes: Many businesses are focussed upon day-to-day issues and so are creating IP without considering what IP they actually hold or own. Questions include what IP has been created and by whom.
• IP Protection with a focus on Insiders: Many businesses consider registering rights to protect their IP for fear that third parties will copy or infringe their IP. Although this may be the case, businesses often overlook the fact that insiders such as key employees, suppliers, or customers may actually take IP out of the business. How can a business protect itself from the myriad of IP threats that might exist from “insiders”?
• IP Due Diligence: What kind of IP audits should a business carry out on itself? What should a business do if it finds gaps in its IP portfolio?

4.00pm - Close: Chair's Closing Summary and Questions & Answers

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.