Planning for AI Contracting

Using appropriate standards and frameworks add foreseeability to technology-driven contracts

Even Delaware courts are applying increasing scrutiny to restrictive covenants, including no solicitation provisions, even in a business sale.

Washington state has enacted a new law that renders nearly all noncompete agreements void and unenforceable for Washington-based workers. It becomes effective in 2027.

The administration issued a new, comparatively restrained Executive Order that specifically targets examples of discrimination based on race or ethnicity.

Trade secret cases can result in money damages in addition to injunctions.

AI litigation is increasingly centered on a familiar area: product liability. Early cases are examining whether AI applications used by consumers are classified as products or services, and whether the alleged harms stem from design flaws, insufficient warnings, or predictable misuse. This change is supported by lawmakers, including the EU’s updated directive on liability for defective products (PLD), as well as a growing number of US state laws. All of these developments sug

Alternative Dispute Resolution (“ADR”) can be a cost-saving alternative to litigation. Here are practical tips for drafting strong ADR clauses for your agreements. Parties can expect faster resolution and lower costs when using ADR to resolve their disputes. Quickly reaching a decision is often critical so that business planning can continue and long-term projects can proceed uninterrupted. According to statistics from one ADR provider, the average duration of a full-length

Amendments to the Model Business Corporation Act permit a corporation to include in its articles of incorporation a provision that limits or eliminates the monetary liability of certain corporate officers.

Trade secrets are vital in corporate IP. While the advantage of confidential info stays, protection methods face pressure. Cyberattacks, AI data mining, and legal conflicts challenge trade secret security, prompting new protection approaches.

Mass arbitrations are where a plaintiff’s firm brings thousands of identical claims against a business. It has increasingly been relied upon by plaintiff lawyers in the past few years. New developments are changing the landscape.

As employer use of AI has increased, so has the development of AI regulation at the state and local level

A heterosexual woman was hired as an executive secretary by Ohio Department of Youth Services in 2004, later promoted to program administrator. In 2019, she applied for a management role, was interviewed, but ultimately a lesbian woman was chosen. Days after her interview, she was demoted to secretary, and the agency hired a gay man for the vacant program administrator role. She sued under Title VII of the Civil Rights Act of 1964, claiming discrimination based on her sexua

Gray-market goods are genuine products imported into the US without the trademark owner's consent, often bypassing authorized channels. Gray-market activity leads to lost sales, brand dilution, and compliance risks. The Gray-Market Challenge Unlike authorized goods sold legitimately or counterfeit items like knockoff watches, gray-market goods are legitimate but distributed outside planned channels. This matters because legal rights and business risks differ. The economic

Of the top one million home pages on the internet, 95 percent have accessibility barriers that interfere with people with disabilities' ability to use them

Delaware case law indicates that noncompete provisions are under closer scrutiny.

This blog provides a summary of state data privacy laws enacted in 2024, as well as updates on laws enacted in prior years. It updates our December 9, 2024, blog that reported on 2023 developments.

Liquidated damages clauses might not only be unenforceable under state law, but they could also violate federal and state human trafficking laws.

As of May 7, 2025, “Real IDs” are required for certain activities, including flying domestically and accessing federal courthouses and other federal buildings.

On July 4, 2025, President Trump signed The One, Big, Beautiful Bill Act (The OBBB), a spending and tax bill that extends many of the 2017 Tax Cuts and Jobs Act (TCJA), most of which were set to expire at the end of 2025. The bill extends these tax cuts and makes other changes. This explains the employee benefits and various business-related tax provisions in The OBBB, including how those provisions differ from existing law. Everyone should consult with their tax advisors t