News

Legal expertise in the fields of Commercial Contract Negotiations, Data Privacy and AI, and General Counsel Support.

Leaving Boilerplate Behind

Limitation of liability clauses are often reduced to one question: How much?

In our latest article by @Shelby Pearcy, she takes a closer look at how reframing the conversation can lead to more thoughtful and effective risk allocation.

Read the full article and share what creative approaches have you seen used to address a tight liability cap?

Read More

AI Hiring: So, You Want C-3PO to Vet Your Candidates?

There is no question AI is transforming the hiring process. Employers are having AI screen resumes, rank candidates, and even evaluate interviews faster than ever. But speed doesn’t eliminate legal responsibility.
As regulators increase scrutiny of AI in employment decisions, organizations need to understand how existing discrimination laws—and newer state and local requirements—apply to the tools they use.

Read More

Dire Straits: War, Tariffs, and the Fine Print of Force Majeure

Force majeure sits at the center of one of contract law’s most important questions: when do extraordinary external events excuse a party’s failure to perform its obligations?

Our upcoming article explores how courts distinguish negligence and poor planning from truly unavoidable disruptions and why force majeure clauses have become critical risk-allocation tools in modern contracts.

Read More

Quantum-as-a-Service (QaaS)

What should lawyers prioritize when negotiating Quantum-as-a-Service (QaaS) contracts?

In a new article by #Amanda Cline, she outlines six critical areas that require early attention from legal, security, and compliance teams—particularly in regulated industries. From moving beyond traditional SLA benchmarks to addressing “proof of breach” challenges and quantum-specific liability risks, QaaS calls for a fresh contractual perspective.

Read More

Post-Quantum Cryptography (PQC) Readiness Planning

Quantum computing is no longer just a research topic—it’s a fast-approaching risk management issue for regulated enterprises.
Dive into our practical roadmap, including a readiness checklist for cryptographic inventories, vendor reviews, and migration planning.

Read more from Jake Vollebregt for a practical roadmap to help mitigate risk, harmonize retention policies, and prepare for what’s next.

Read More

New Risks, New Rules: The Future of Software Licensing in the Age of AI

AI vendors are rolling out AI-specific licensing frameworks that govern how AI can be used, shared, and monetized. These frameworks go beyond ownership and liability and addresses transparency, traceability, and accountability—critical requirements in enterprise environments where compliance and auditability matter.

Read more from Jennah M. Michalik on why it matters and why YOU should be paying attention.

Read More

How do you take your Java?

Java turns 30 — and remains a dominant force in enterprise software. But as Oracle shifts toward headcount-based licensing, organizations are weighing the cost of staying with Oracle Java versus exploring open-source alternatives.

This article by Jennah M. Michalik asks a very important question: How do you take your Java?

Read More

De-identification v. Anonymization

De-identification and anonymization are distinct data protection techniques. De-identification removes, deletes, or masks key personal identifiers or other unique attributes, such as client names or other fields, to reduce the risk of identifying individuals, organizations, or strategies. With de-identification, the data may still be discernable through other means, such as combining larger data sets or using codebooks, thereby retaining some re-identification risk.

Read More

Evolving Licensing Models

Enterprise technology is typically the third-largest budget line item for most companies, after human capital and facilities. In recent years, software licensing has shifted from perpetual licenses to subscription and usage-based models.

Read More

“Free” & Open-Source Software Terms

Software licensing terms govern how software can be used, modified, and shared. Proprietary licenses, such as those from Microsoft, Adobe, or other enterprise software publishers, restrict usage of the software and any modifications to it.

Read More

Artificial Intelligence and Sofware Licensing Risks: A Chief Privacy Officer’s Perspective

For Chief Privacy Officers and their Corporate Counsel, Artificial Intelligence solutions (AI) and their related Software Licensing components represent strategic opportunities and legal minefields. Three issues rise to the top:

Read More

Understanding Software Models vs. Software Metrics

In the world of software, it’s crucial to differentiate between a software model and a software metric.

Read More

Software Licensing Legal Compliance Risks: A CISO’s Critical

As CISOs, managing software licensing compliance is more than just a legal obligation. It is a vital aspect of cybersecurity and risk management.

Read More

Stress-Testing Cyber Resilience under DORA

Preparing Global Financial Firms for Ransomware and Data Breach Regulations

Read More

AI Exploitation of Intellectual Property

Corporate Considerations for Transformative Fair Use
Financial institutions such as banks, hedge funds, and broker-dealers are increasingly embracing artificial intelligence (AI) to drive internal and external efficiencies ranging from IT automation and code creation to portfolio development, risk analysis, and market research.

Read More

Quadrant Exchange

If you’ve been following the Quadrant Exchange series, you’ll know how each post uncovered key levers in contract strategy. This week, Jennah M. Michalik and Jessica Eterno looked at how audit rights—broad or narrow—can shape the commercial relationship.

Read More

A Global View on Cyber Resilience

In the world of software, it’s crucial to differentiate between a software model and a software metric.

Read More
Scroll to Top