A disputed payment clause says the customer doesn’t have to pay fees “subject to a bona fide dispute.” Or maybe the main payment clause simply
This is what I call a “nuclear” indemnity: “Vendor shall indemnify Customer against any third party claim arising out of or related to Vendor’s breach
By David Tollen As prep for a recent live training, I created a series of prompts for use with gen-AI contracting systems. You feed them
California just passed the first law that … well, it’s complicated. On Sept. 29, 2025, Governor Newsom signed the Transparency in Frontier Artificial Intelligence Act
Late last month, California approved new regulations restricting automated decision-making –ADM – under the Californian Consumer Privacy Act. ADM refers to computer processing of personal
Gen-AI tools hallucinate, but that’s not their main problem when it comes to contracting. Rather, they reproduce errors typical of human contract-drafters (quite accurately, it
If you work with contracts regarding AI, you need to become familiar with the concept of “model distillation,” and the risks it creates for AI
I’ve repeatedly warned that you can’t really own data, since no form of IP offers ownership of information. (Trade secret law comes close but still
This week’s musings on tech contracts… On Monday, a U.S. federal district court held that AI vendors don’t infringe copyright when they train gen-AI on
David Tollen was honored to have been invited to speak before multiple audiences in Taiwan the first week of June 2025. He addressed various information
In psychology, social loafing refers to “the phenomenon where individuals exert less effort in a group task than when working alone, often due to perceived
In an agentic AI system, “AI agents” take autonomous action, based on preprogrammed instructions. Those actions could involve multiple steps, multiple tasks, but the AI
To prepare our new course about the best AI and other software for contract professionals, I tested those tools. I saw a lot of impressive
To prepare our cutting-edge new course about technology for contracting professionals, I tested artificial intelligence (AI) products. In the process, I ran into a serious
In September of 2024, the Court of Appeals for the U.S. Seventh Circuit decided Domer v. Menard – and eventually issued an opinion with new