ANALYSIS: AI’s Risks Fly Under Contract Drafters’ Radar

Artificial intelligence is introducing new risks into commercial contracts. But drafters have been slow to get ahead of the problem, resulting in contractual provisions that are ill-suited to reflect the realities of AI-enabled workflows.

Contract lawyers who draft technology service agreements and technology development agreements are the attorneys who would most likely need to address AI’s risks and how parties should mitigate them. But a Bloomberg Law Transactional Precedent Search indicates that AI-specific considerations are rarely appearing in publicly-filed agreements.

Of the more than 670 technology services and development agreements signed since the beginning of 2023—following OpenAI‘s release of ChatGPT in ...