What's Happening?
Mayer Brown is set to host a 90-minute webinar titled 'Adapting Technology Contracts for Agentic AI,' focusing on the contractual implications of agentic AI—artificial intelligence that can independently plan and execute actions to achieve goals. The
webinar will provide recommendations for companies adopting this new technology, specifically addressing three types of contracts: tool subscriptions and licenses, agentic systems integration, and agentic managed services. For tool subscriptions, the discussion will cover the need for different service definitions, warranties, performance, pricing, audit rights, and data/IP terms compared to traditional cloud contracts. In agentic systems integration, new contract terms will be explored for deal structuring, performance standards, technology selection, governance, liability, and exit/portability rights. For agentic managed services, the webinar will highlight necessary changes across agreements, including scope, performance commitments, pricing models, and risk provisions, given that agentic AI assumes a human workforce.
Why It's Important?
The emergence of agentic AI presents significant legal and contractual challenges for businesses, making this webinar crucial for companies navigating the evolving technological landscape. Traditional technology contracts are often ill-equipped to handle the autonomous nature and complex functionalities of agentic AI, leading to potential gaps in liability, intellectual property ownership, data governance, and performance expectations. For U.S. businesses, understanding how to adapt these contracts is vital for mitigating risks, ensuring compliance, and maximizing the benefits of AI adoption. The webinar's focus on specific contract types underscores the pervasive impact of agentic AI across various business operations, from software licensing to outsourced services. Companies that proactively address these contractual complexities will be better positioned to innovate responsibly and protect their interests in the rapidly advancing AI economy, potentially setting new industry standards for AI contracting.
What's Next?
Following the webinar, companies are expected to re-evaluate their existing technology contracts and develop new frameworks for engaging with agentic AI solutions. This will likely involve consulting legal experts to draft bespoke contract terms that address the unique characteristics of agentic AI, such as its autonomous decision-making capabilities and potential for unforeseen outcomes. The insights shared by Mayer Brown's partners—Rohith P. George, Joe Pennell, and Brad L. Peterson—will likely inform best practices for negotiating with AI providers and integrators. Businesses may also need to update their internal policies and risk management strategies to align with these new contractual realities. The legal community will likely see an increase in demand for specialized expertise in AI law and technology contracting as more companies adopt agentic AI.
Beyond the Headlines
The discussion around adapting technology contracts for agentic AI touches upon profound ethical and legal questions regarding accountability and control in autonomous systems. If AI can independently plan and execute actions, who bears responsibility when things go wrong? This webinar implicitly addresses the need to define the boundaries of AI autonomy within legal frameworks, a challenge that extends beyond commercial contracts to broader regulatory and policy considerations. The shift from human-centric service agreements to those involving an 'agentic workforce' also raises questions about the future of work, intellectual property generated by AI, and the very definition of 'service' in a technologically advanced world. This development could spur legislative efforts to create new legal categories and liabilities specifically for AI, shaping the future of human-AI collaboration and governance.
