Bracewell’s Jeff Andrews, chair of firm’s technology transactions practice, examines liability and risk mitigation associated with AI transactions in an article for SAP Insights.
Absent a pressing public policy concern, the courts rarely deviate from settled case law; therefore, “those basic principles around limitation on liability provisions in contracts are going to stand,” says Andrews.
With regards to mitigation, a human touch can make a difference. “Having an individual in the loop to double-check what the algorithm is spitting out is definitely risk mitigation,” he added.