NDAs: Beware the Routine and A.I. – a Fresh look at Confidentiality Agreements in Today’s Technical World

Confidentiality Agreements (also called NDAs) are too often treated as routine.  So routine, that generic form NDAs are often used with little changes.  A new approach is to let A.I. draft the NDA (or ask A.I. to review the NDA received) and assume A.I. got it right.  At the same time, businesses today report that intellectual property is among their most valuable assets – even more than hard assets.  This CLE addresses the risks and traps of the routine/A.I. approach and provides tips on customizing generic and A.I. forms to better protect your client’s most valuable assets – its information and intellectual property.  With the benefit of litigation hindsight, this CLE addresses how to clearly set forth the confidentiality obligations and restrictions and the factors to consider for each of the key terms of NDAs (including the “boilerplate” provisions), each of which can be pivotal in enforcing and interpreting the NDA. As an added bonus, this course covers how NDAs can incorporate A.I. provisions to prevent recipients from misusing your client’s information with A.I.
 
Learning Objectives:

• Understand the traps in “form” NDAs
• Learn best practices for using A.I. to draft or review NDAs
• Practical learnings about the key provisions of NDAs that need to be customized to your client’s business, information to be shared, and situation
• A.I. restriction provisions guiding recipients as to what is and is not permitted
• How to help your clients protect their valuable intangible assets
• Key learnings about “boilerplate” provisions in contracts that can come to haunt you and your client

 
Presenter Bios
 
Jennifer Miller, Of Counsel at ND Galli Law, LLC, brings more than 35 years of experience in both big firm corporate practice and in-house Chief Legal Officer.  In each case, she worked with clients whose confidential information and intellectual property was among the most valuable assets of the company.  Ms. Miller now provides business and transactional services to small and mid-size companies who can benefit from an in-house general counsel, but not on a full-time basis.  Having built a highly valuable, world-wide IP portfolio over 14 years, she also advises clients on IP strategy and trade secret identification and protection programs.
 
ND Galli Law helps businesses solve today’s legal and strategic challenges while preparing for what comes next. The firm brings clarity, seasoned judgment, and confidence to critical decisions, from safeguarding innovation and supporting growth to navigating AI and resolving high-stakes disputes. With deep experience in intellectual property, business strategy, litigation, technology, and strategic AI counseling, ND Galli protects the intangible assets that drive enterprise value and competitive advantage. Its practical approach reflects what matters in the boardroom, across the business and, when necessary, in the courtroom.