Artificial Intelligence (AI)
Artificial intelligence has moved from a research topic to a term in the agreements our clients sign every week — in their vendor contracts, their customer agreements, their financing documents, and their diligence. We help clients on both sides of that shift: companies building AI products, and companies adopting someone else's.
Our work in this area includes:
AI product and licensing agreements — SaaS and API terms for AI-enabled products, model licensing, evaluation and pilot agreements, and the allocation of risk around accuracy, availability, and output
Training data and intellectual property — rights to input data, ownership and licensing of model outputs, IP warranties and indemnities, and the chain of title questions that surface in diligence
AI provisions in commercial contracts — confidentiality and non-disclosure terms that account for model training, restrictions on the use of customer data, and human-oversight requirements
Privacy and data governance — the interaction between AI systems and BC's privacy regime, including consent, cross-border data handling, and automated decision-making
Regulatory landscape — helping clients understand how a shifting Canadian, US, and EU regulatory picture bears on their product roadmap and their contracts
AI in transactions — diligence on AI assets and data rights in M&A and financing, and the representations and warranties that increasingly accompany them
Board and governance advice — internal AI use policies, governance frameworks, and the questions directors are now expected to ask
Our view is that most AI legal risk is not new. It is the familiar set of questions — who owns this, who is liable when it is wrong, and what did we promise the customer — asked about a technology that changes faster than the paper describing it. Our work is aimed at contracts that hold up as the technology moves.