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It’s easy to think that the ship has sailed. You’ve signed an MSA or sales agreement, you’ve begun doing business, and the contract feels very much in the rear-view mirror. You realize, however, that your data terms are dated. GDPR and the CCPA aren’t covered in sufficient detail. Personal data and storage specifications don’t cover […]

Albert Einstein called creativity “intelligence having fun.” Historically, we’ve rewarded human creativity with intellectual property rights. Article 1, Section 8, Clause 8 of the U.S. Constitution empowers Congress to “promote the Progress of Science and useful Arts” by granting exclusive rights—patents and copyrights—to human creators. But what happens when the creative output comes from a

Bertrand Russell said that “liberty is the right to do what I like; license, the right to do what you like.” That distinction matters just as much in joint ventures as in political philosophy. In U.S.-China joint ventures (JVs), determining who has liberty and who has license is of paramount importance. Most companies approach JVs

Kafka wrote in his Fourth Octavio Notebook that “by imposing too great a responsibility…on yourself, you crush yourself.” The same principle applies to tech contracts: not having effective limitation of liability clauses is a surefire recipe for being crushed. But what does an effective limitation of liability clause look like? How does one negotiate such

The best things in life are intangible—experiences, memories, time with loved ones. Increasingly, our assets are intangible too, save for a few 1s and 0s. Cryptocurrencies, frequent-flyer miles, social media accounts, cloud storage—these all exist outside the physical world. This lack of tangibility can make estate planning tricky and create headaches for loved ones. Careful

“Three may keep a secret, if two of them are dead.” So wrote Benjamin Franklin in Poor Richard’s Almanack. Keeping a secret has never been easy, but telepressure and the blurring of work-life boundaries have compounded the difficulty. Recent surveys show that around two-thirds of data-breach incidents trace back to endpoints such as laptops and

“I have been a stranger in a strange land.” These words from the Book of Exodus are rather familiar to today’s digital nomads. The freedom to work anywhere brings adventure—and legal risk. The question is: when does being present in a country make you more than a mere stranger in the land? When does it

As Yogi Berra quipped, “It’s déjà vu all over again.” Trade deals have already been struck with Japan, the EU, South Korea, and other partners. Now the same dance begins with India—but with some new twists. On Monday, President Trump announced plans to substantially increase tariffs on India, raising them from an already‑high 25% in

Let’s be honest. You don’t read the fine print before signing up for or buying something online. Unless you’ve sued a company, you’ve never taken the time to look through its website, find its terms, and pore over them. Courts have taken notice of this. “Browsewrap” terms—so called because one browses a website to find

“Our people are our greatest asset” is a long-in-the-tooth corporate cliché. Many startups—particularly those in AI—however, are finding it to be true. With an AI talent war underway, AI heavyweights are seeking new points of leverage. One strategy is the “reverse acqui-hire.” A ‘traditional’ acqui-hire involves an established company acquiring a target outright for access