In this episode, Vik Khurana and William White break down how the rise of generative and agentic AI is reshaping technology contracting. Mapping practice across traditional IT, gen AI and agentic AI, they offer practical guidance on IP ownership, performance risk, liability frameworks and negotiation strategy – cutting through the uncertainty for anyone negotiating AI deals. In particular:

• How AI-generated outputs and autonomous agent workflows are complicating data and IP ownership models
• New approaches to performance warranties as AI systems shift from deterministic to probabilistic
• Liability caps, IP indemnities and why agentic AI disclaimers deserve extra scrutiny

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In this episode, Vik Khurana and Simon McDougall take time out from our new series on agentic AI risks, to give their “hot takes” on the latest tools causing a stir in AI circles - Claude Code and Cowork, and OpenClaw and Moltbook - in a way that legal people can easily understand and talk to their business teams about with confidence.

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In this episode, Vik Khurana and Naomi Foale explain agentic AI – the features that distinguish it from GenAI, the ‘modes of failure’ that mean risks arise differently, and the potential liability and risk issues that could arise and how those are likely to be allocated between the different players and moving parts involved in agentic systems.

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In the final episode of our series on AI Governance, Vik Khurana and Simon McDougall set out how organisations can manage and monitor AI risk on an ongoing basis, focusing on turning governance into a BAU process, monitoring the performance of AI systems and the importance of AI literacy and training for your teams.

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In the second episode of our series on AI Governance, Vik Khurana and Simon McDougall set out how organisations can design and implement AI governance into their organisations, covering the gap analysis required, risk classification tools, regulatory mapping and requirements inventory.

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In the first episode in our mini-series on AI Governance, Vik Khurana and Simon McDougall set out how organisations can kick off their programme, starting with the important work of identifying and assessing the use of AI, risk framework maturity, roles and responsibilities and high level risk and regulatory exposure.

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In this episode, Vik Khurana and Simon McDougall (Bristows Senior Adviser and Chief Strategist for AI at ZoomInfo) discuss the emerging discipline of AI governance and risk management. In particular they offer practical tips to those starting out in AI governance on:

• How to get started with setting up AI governance.
• The main industry frameworks and standards for useful baselines.
• Getting to know how your organisation engages with AI.

Here are links to the learning resources Simon and Vik discuss during the first section:

• Bristows AI resource centre
• Ada Lovelace Institute
• ICO AI resource centre
• Exponential View
• Silicon Sands
• AI as Normal Technology
• ISO/IEC 42001:2023
• NIST AI Risk Management Framework

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Note: All information was correct at the time of recording.

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If you have any feedback, questions or comments, please email us at theroadmap@bristows.com

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In this episode, Vik Khurana explains the ‘building blocks’ of an AI system and various legal and commercial trends, risks and issues. In particular:

• What are the building blocks? A deep dive on training data, weights and parameters, model code, inference code and computational resources.
• Where does value and IP reside within each block? What is typically accessible and what is not? What is proprietary and what is open sourced?
• The different licensing models and regulatory exceptions around the development and use of open source AI.

Here is a link to the ‘building blocks’ diagram Vik mentions in the episode that may be useful for listeners to view during the first half of the episode.

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If you have any feedback, questions or comments, please email us at theroadmap@bristows.com

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