AI Contracts - Navigating Market Practice across Traditional Technologies, Generative AI & Agentic AI

Introduction

The technology contracting landscape is evolving fast.

Technology contracting may be well-established, but the rapid emergence of generative AI and agentic AI is introducing new complexities around IP ownership, performance risk, liability, and data governance that existing playbooks don't always address.

This new virtual classroom seminar cuts through that uncertainty.

It maps the current market practice across all three categories (traditional IT/software, generative AI and agentic AI), showing how contractual positions differ and where they converge.

You will come away with a practical understanding of how IP and data ownership models are shifting as AI-generated outputs and autonomous agents enter the picture, how to approach performance warranties when systems are probabilistic rather than deterministic, and where liability frameworks are being tested by new risks such as hallucinations and unsupervised agent actions.

The session offers concrete, actionable guidance on negotiation positions, realistic positions and fallbacks, and the risk allocation strategies that are gaining traction in the market.

Whether you are advising on a routine gen AI contract renewal or navigating the uncharted territory of an agentic AI deployment, this session will help you to understand the tricky questions that these deals increasingly give rise to.

What You Will Learn

This live and interactive course will cover the following:

• IP ownership and customer data - how traditional IT contracting data ownership models are being complicated by AI-generated outputs, custom-trained models, customer inputs used to improve models, and agent-generated data in autonomous workflows
• Performance and accuracy - the shift from deterministic systems with documentation-based warranties to probabilistic AI systems where hallucinations and unpredictable outputs demand new approaches to performance commitments, guardrails and internal governance
• Liability frameworks and infringement risk - current market practice on liability caps, exclusions and carve-outs for SaaS, how third-party IP indemnities are becoming contentious in the generative AI space, and why disclaimers require particular scrutiny in agentic AI deals
• Risk allocation across the tech and AI spectrum - how negotiation positions vary depending on the tech/AI solution, context, and bargaining power, and how to assess which party is best placed to mitigate each risk
• Agentic AI: the emerging frontier - what makes agentic AI contracting uniquely challenging, including the reduced ability to rely on human-in-the-loop oversight, new categories of risk arising from autonomous actions, and how contract positions are likely to evolve
• Practical negotiation guidance - realistic benchmarks for supplier liability caps, strategies for securing customer-favourable positions, and common pitfalls to watch for in standard terms that may not be as low-risk as they appear

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.