As AI continues to be incorporated into service offerings, outsourcing arrangements, and other commercial transactions, companies may find they are contracting for more than a discrete technology tool. They may also be creating an operational dependency on a provider’s AI models, data practices, supporting technology, and continued performance.
That dependency can bring familiar contractual provisions into sharper focus. Consider a provision that permits a service provider to use aggregated, anonymous, or deidentified data to “improve” its products or services. Does that permission include training or refining an AI model? Risk allocation may become more complicated as well when agentic AI can take actions rather than simply generate information or recommendations.
These issues do not necessarily require companies to abandon familiar contracting concepts. They do, however, require additional precision in understanding the proposed AI use, structuring the transaction, and appropriately allocating the partys’ rights and responsibilities.
Please join our colleagues A. Benjamin Klaber and Christopher C. Archer for AI Contracting in an Era of Digital Dependency: Key Issues in Outsourcing and Commercial Transactions. Ben and Chris will examine emerging issues in contracts involving AI tools, AI-enabled services, outsourcing arrangements, and other commercial transactions. Their discussion will address key negotiation considerations, including deal structures, data use, intellectual property, risk allocation, agentic AI, and the contractual challenges associated with growing dependence on AI providers and technologies.
The webinar, part of the AI Legal Outlook: What Is New and Next track in Morgan Lewis’s 16th annual Technology Marathon, will take place on Thursday, October 1, 2026, from 2:00–3:00 pm ET/1:00–2:00 pm CT/11:00 am–12:00 pm PT.
For lawyers and sourcing professionals, the program presents an opportunity to revisit familiar contractual terms through the lens of today’s AI-enabled services and to consider which issues should be addressed during diligence, negotiation, and ongoing governance.
We hope you can join us.
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