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Welcome to The Roadmap, the technology law podcast series from Bristows. In this podcast, our technology lawyers dive into the digital transformation trends that are re-shaping modern businesses, even entire industries. In each episode, we will unpack a particular technology or trend – whether a type of transformational project, the latest market practice or a regulatory change – and explain what our clients need to understand in order to add value to their business. If you have any feedback, questions or comments, please email us at theroadmap@bristows.com - we'd love to hear from you. Also, find all the latest episodes on our tech focused site, The Cookie Jar, for views on matters shaping technology: https://www.bristows.com/the-cookie-jar-podcast-videos/
33 Episodes
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In this episode, James Johnston and Anna Ni Uiginn talk about the EU NIS2 Directive which will raise cybersecurity standards across critical sectors in the EU. James and Anna will discuss the sectors that are within the scope of the directive, along with the new risk management measures and reporting requirements the directive introduces. Send us a text Thanks for listening! If you have any feedback, questions or comments, please email us at theroadmap@bristows.com Find all the episodes as w...
In this episode, Elisa Lindemann and Vik Khurana discuss our benchmarking of the terms of service of the top 10 GenAI providers. They unpack the latest market practice positions and explain what this means to customers and users, in particular how lawyers can advise on best practice use and adoption of GenAI tools and what this might mean for internal use policies and risk management frameworks. Topics include:ownership of outputs generated by AI;accuracy, hallucinations and the level of resp...
In this episode, Marc Dautlich takes the Roadmap off-road to speak to special guests, Sean Griffin (Partner at US firm, Longman & Van Grack) and Emily Atkinson (of Bristows’ very own Employment and Immigration team) about the use of AI in the workplace here in the UK and in the US. Marc, Sean and Emily discuss and compare the employment/labour law and data protection issues arising from HR-related uses of AI, including: how existing law is already shaping AI-related workplace dispu...
In this episode, Camille Beckmann speaks to Anneke Pol and Vik Khurana (along with a special guest AI chatbot!) on how to structure contracts to comply with the new EU AI Act. Much of the focus so far has rightly been on compliance with the AI Act, as companies work out whether, and how, it applies to them and what they will need to do to get their AI systems to market. We are now moving to how this will impact AI deals, setting-out emerging best practice for contracting for AI systems and u...
In this episode of The Roadmap, our technology lawyers, Adrian Sim and Freya Ollerearnshaw distil the key issues and takeaways from the one of the biggest tech disputes to reach the UK courts in recent years. They share perspectives that both customers and suppliers may find useful. In particular, Adrian and Freya will explore: the impact of dependency and relief provisions, and what can happen where known dependencies are not expressly included in the contract; how conditions precedent ...
Numerous parallels can be drawn between the EU AI Act and product safety legislation - including risk classification for product liability, conformity assessments, CE marking and post-market surveillance – all of which are mirrored in the Act. But are organisations that are well-versed in placing safety-critical products on the market, better prepared to comply with the product safety aspects of the EU AI Act than others? In the second episode of our mini-series focusing on this significant r...
In the first episode in this series on the EU AI Act, our tech lawyers Anneke Pol and Vik Khurana introduce some key elements of the Act we think all organisations need to be aware of. In particular: how to know whether your AI product or use is “high risk” – a vital question since so many of the Act’s requirements flow from it; andwhat “role” you’re playing under the Act – including, importantly, providers (developers) and deployers (i.e. users). Please stay tuned for upcoming episodes in th...
This bonus episode features Vik Khurana - a partner in our commercial technology team as well as regular guest of this show – in conversation with David Malkinson of Morae, a legal technology company. It’s a recording of a Q&A session which took place at ConnectLive, a major legal tech conference hosted by iManage, in London on 20 June 2024. The discussion explored the impact of GenAI tools within the legal sector and practical adoption considerations. David and Vik also provide their in...
With Alice Esuola-Grant in the host’s seat this week, The Roadmap welcomes Rob Powell to explore the various contractual remedies customers may consider including in their agreements with suppliers when engaging in digital transformation projects. What remedies are available? Which are best suited to the project in hand? Which have we seen work best in practice when invoked? And crucially, which ones are the most practical and realistic to enable you as a customer to achieve your busin...
This time on The Roadmap Chris Holder chats to Rob Powell and Alice Esuola-Grant about managing the procurement process for your digital transformation - from aligning internal stakeholders, going out to market, managing bids and navigating tricky negotiations, as well as co-ordinating your own internal customer teams. Getting the procurement process right can be a key pillar in giving your digital transformation project the best chance of success - setting the tone for your relationship wit...
In this episode, our tech lawyers Vik Khurana and Anneke Pol discuss how IT suppliers use their customers’ data, the risks to customers and what they can do about it. In particular: The supplier arms-race to embed AI in their enterprise products and services.How they are using customer data and the legal and contractual loopholes they are leveraging.A checklist of risks and mitigations customers can use to guard against inadvertent data sharing.How 'hidden AI' in enterprise services is causin...
This time on the Roadmap, we’re exploring troubled projects. These are projects that are not in litigation territory yet but are having problems. Our experts Toby Crick and Anneke Pol discuss how to manage projects as they start to go wrong to try and avert failure, avoid disputes and work out a sensible way forward. They consider the importance of contractual change mechanisms, open but carefully managed dialogue, judicious use of escalation mechanisms and, if at all possible, having some ...
In this episode, our tech partner Vik Khurana is joined by two very special guests, Adam McArthur and Warren Brown, from the global pharma and biotech company, AstraZeneca. Adam is Assistant General Counsel (Digital, IT and Operations) and Chief Legal and Compliance Officer at Evinova (AstraZeneca’s new Healthtech business). Warren is Senior Counsel (Digital & Data) at AstraZeneca. They discuss: the impact of AI and digital technologies on the pharma and healthcare indus...
In this bonus episode, commercial tech partners Vik Khurana and Adrian Sim introduce our Digital Transformation Project Masterclass Series. Comprising four, half-day, training sessions - taking place between January and April 2024 - the programme is designed, specifically, for in-house lawyers and procurement professionals who work on buy-side digital transformation, IT, outsourcing and commercial projects. You can find the full agenda, and registration details here. We look forward t...
Many technology and sourcing deals are signed promising innovation, change and transformation. After all, there is a real need for these deals to drive more value from data through AI, analytics and multi-cloud, automate manual processes, and leverage best-of-breed tools and platforms. But too often, they don’t deliver innovation beyond the business-as-usual. In episode 18 of The Roadmap, our experts Vik Khurana and Anneke Pol explain how procurement processes and contractual frameworks can ...
There’s no shortage of material on the internet about generative AI. However, in this episode of The Roadmap, we’ll be tuning-out the noise to focus on how companies are using this technology to build a new breed of business solution. Our technology experts Vik Khurana, Anneke Pol and William White give us an overview of how businesses are starting to deploy generative AI, together with a practical set of tips for any companies considering bringing generative AI into their business. Some of ...
This time on The Roadmap, technology lawyer Rob Powell chats to data privacy expert Hannah Crowther – who gives us the lowdown on the EU Commission’s decision to adopt the EU-US Data Privacy Framework – and, more importantly, what it means for you in practice. They explore: How will this impact on your review of data protection agreements?What will need to change in terms of data due diligence?When does it kick-off?Where does this leave us in terms of the Standard Contractual Clauses?How...
In this episode of The Roadmap, our technology lawyers Anneke Pol, Charlie Hawes and Toby Headdon discuss some of the legal risks associated with generative AI, Large Language Models and Foundation Models as well provide some practical takeaways for those looking to implement these technologies into their organisation. The conversation covers the following legal risks: Commercially-sensitive information and confidentialityHallucinations, incorrect facts and reliance on generated contentData p...
In this episode of The Roadmap, our technology lawyers Alice Esuola-Grant, Adrian Sim and Jamie Cox complete our two-part series on Agile. They address Agile in the context of tech development and how Agile development projects should be approached when it comes to putting pen to paper. They explore: What Agile means in the context of tech development and what isn't Agile in this context.Some of the challenges of contracting for Agile and how those challenges can be addressed.How to balance t...
In this episode of The Roadmap, our technology lawyers Alice Esuola-Grant and Vik Khurana begin the first of a two-part series on Agile. They address the shift to agile ways of working and the obstacles to consider when making this change in your workplace or with third party suppliers. Part one is aimed at those who would like to know: Why are Agile methodologies commonly used to deliver projects?What are some of the strategic issues to consider when deciding to use Agile internally or when ...
In this episode of The Roadmap, our technology lawyers Anneke Pol and Chris Holder map out the trends they foresee for third party IT service provider deals, a sector that has really developed over the past decade and seen phenomenal growth. This episode is aimed at those who would like to know: What is the difference between outsourcing and third party IT service provider management?What types of deal shapes and structures are we seeing emerge?How could AI possibly change the way people do b...
In this episode of The Roadmap, our technology lawyers Rob Powell and Vik Khurana discuss how to approach service levels, something crucially important but often overlooked in technology contracts. This episode is aimed at those who would like to know: As a customer, what service commitments are you actually receiving? How practical are service legal agreements (SLAs) in reality? Will they ever be triggered and do they offer a worthwhile remedy? What are the key issues to look ...
In this episode of The Roadmap, our technology lawyers Anneke Pol and Toby Crick, discuss open source software and highlight the importance of being conscious of what open source software your business uses, and - crucially - how it's used. This episode is aimed at those who would like to know: Why is understanding open source so important in a corporate context?What are the two main approaches to open source audits?How can open-source software affect a business's valuation?How is OSS address...
In this episode of The Roadmap, our technology lawyers, Anneke Pol and Vik Khurana, alongside employment specialist Emily Atkinson, discuss digital transformation projects from a people, talent and HR perspective. This episode is aimed at those who would like to know: The key people considerations for an in-house digital transformation projectWhat options are available if your business doesn’t have in-house tech talentHow to focus on people and talent on an outsourced digital transformation p...
In this episode of The Roadmap, our technology lawyers Rob Powell and Adrian Sim share their top tips on approaching major software development projects from a customer’s perspective. We draw on Adrian’s extensive experience to discuss some practical and realistic solutions to issues customers may commonly face on these types of projects. This is particularly aimed at those who would like to know: What are the pitfalls to look out for in a software development project?What can you as a custom...
In this episode of The Roadmap, our technology lawyers Rob Powell and Alice Esuola-Grant discuss the wonderful world of adtech deals, focusing on key considerations in adtech agreements from both a publisher and advertiser perspective. This is particularly aimed at those who would like to know: How to pragmatically approach adtech dealsKey considerations in adtech agreements from both a publisher and advertiser perspectiveTypical key negotiation points that tend to arise and how they can be r...
In this episode of The Roadmap, our corporate and tech lawyers Louise Eldridge, Drishi Beeharry, Vik Khurana and Anneke Pol discuss contractual options available to companies that want to do a digital transformation corporate deal such as mergers, joint ventures and acquisitions. What is the best structure for a digital transformation deal? This is particularly aimed at those who would like to know: Innovative deal models - collaborative joint ventures and incentivising investmentsHow to part...
In this episode of The Roadmap, our technology experts Vik Khurana and Rob Powell focus on how to approach engaging software as a service (SaaS) suppliers from a customer’s perspective, including – crucially – how to ultimately minimise risk to your business.This is particularly aimed at those who would like to know:What is meant by SaaS?How should you as a customer approach SaaS deals?What, if anything, is negotiable?What are your key risk areas?A proportionate approach – contract value vs. ...
Following our previous The Roadmap episode on why digital transformations fail, we continue the discussion on “failure”. Associate Rob Powell and technology litigation partner Anna Cook provide insight into a litigator’s view on why IT projects (big and small) typically go wrong. This episode is aimed at those who would like to know: Which parts of an IT contract are most likely to give rise to a dispute between the parties and why? More importantly (and positively) how, if the wor...
In this episode of The Roadmap, Bristows’ technology law podcast, we hear partners Vik Khurana and Angela Fouracre discuss "failure”. This episode is aimed at those who would like to know: Why do digital transformation projects fail?What can advisors do to make success more likely?What are the right tools to use to keep things on the right track?In the next episode, our experts will be exploring the initial steps to take in a dispute and what kinds of losses you can recover on a failed digita...
Episode two of Bristows' technology law podcast, The Roadmap, brings together Anneke Pol, Alice Esuola and Toby Crick to discuss cloud technology. What do we mean by the cloud? Are there any key trends for 2022? Listen as our lawyers summarise some key takeaways that your business should keep in mind when using cloud technology. This episode is aimed at those who would like to know: What is the cloud?Top three trends for cloud deals in 2022Understanding the technology - who has control of th...
In our first episode of The Roadmap, our technology experts Rob Powell, Vik Khurana and Alice Esuola discuss “Digital Transformation” – what it is, why it's vital to modern businesses, and how advisors should approach their work in this area. This is particularly aimed at those who would like to know: What are the main types of technologies that are transforming modern business?How do you gain a better understanding of these transformation technologies?What is an advisor’s role in shaping str...
Welcome to The Roadmap - the brand new technology law podcast series from Bristows. In this introduction to our technology focused podcast, our lawyers Rob Powell and Vik Khurana set out what we’ll cover in this series centred around digital transformation, and give a taster of upcoming topics - from AI to cloud and beyond. Send us a text Thanks for listening! If you have any feedback, questions or comments, please email us at theroadmap@bristows.com Find all the episodes as we release them ...
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