When was the last time you read the “Destroy All Confidential Information” clause in an NDA and thought, Wait… how does this apply to my backups? This often-overlooked provision seems straightforward—until you realize that deleting information from backup systems...
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🤖 Biden’s Final Tech Act: Trade Investigation into China’s Legacy Semiconductors
On December 23, 2024, the Biden administration initiated a trade investigation into China's production of "legacy" semiconductors—chips integral to everyday products like automobiles and household appliances. This "Section 301" probe, set to transition to the incoming...
🏥 CMS is Reevaluating AI’s Place in Health Insurance
The tragic death of UnitedHealthcare CEO Brian Thompson on December 4, 2024, has intensified scrutiny of the health insurance industry's practices, including the use of artificial intelligence (AI) in decision-making processes. In this fraught period, the Centers for...
⚖️Limiting liability for gross negligence or willful misconduct in tech agreements?
In U.S. commercial contracts, limitation of liability (LoL) clauses are common tools used to cap or exclude certain types of damages between businesses. However, U.S. courts generally will not enforce an LoL clause in cases of gross negligence or willful misconduct,...
📜 How to Negotiate Termination for Convenience in a SaaS/Tech Agreement
Termination for convenience clauses can be a double-edged sword in SaaS and other long term tech agreements. They provide flexibility but also create risk, depending on whether you’re the customer or vendor. This post explores key considerations from both perspectives...
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