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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, October 7, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will guide corporate and technology counsel in using and licensing big data. The panel will discuss practical considerations when using big data, including anonymization, due diligence, and privacy‑enhancing technologies such as differential privacy and tokenization. The panel will also explain critical contractual provisions in big data licenses, including warranties, indemnification, limitation of liability, privacy and data security, confidentiality, and audit rights.

Faculty

Melissa Krasnow
Partner
VLP Law Group, LLP

Ms. Krasnow practices in the areas of domestic and cross-border privacy and data security, technology transactions, and M&A. Her clients are based in the U.S., Canada and Europe. In the technology transactions area, Ms. Krasnow works together with companies on negotiating and documenting technology and commercial transactions, including MSAs, NDAs, data security addenda (DSAs), BAAs, data license agreements (DLAs)/big data initiatives, EU General Data Protection Regulation (GDPR) data processor agreements and California Consumer Privacy Act (CCPA) agreements.

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Michael R. Overly
Partner
Foley & Lardner LLP

Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).

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Description

Companies are increasingly exploiting massive amounts of consumer information from social networking sites, online interactions, connected devices, and other sources—collectively known as big data—to generate revenue and train artificial intelligence models. Businesses considering using big data should evaluate whether to anonymize or pseudonymize data, what due diligence to perform, and how privacy‑enhancing technologies can minimize compliance and litigation risks.

Carefully negotiated licensing agreements specific to big data will maximize the right to use, access, and analyze data while minimizing liability exposure.

Traditional licenses are often ineffective in addressing the unique issues big data presents, including re‑identification risks, evolving privacy regulations, and the growing use of data in AI/ML.

Big data licensing agreements should include provisions addressing warranties, indemnification, limitation of liability, privacy and data security, confidentiality, and audit rights, as well as considerations for downstream use in AI training and model outputs. By understanding the critical clauses to include in big data licenses and the common pitfalls to avoid, counsel can effectively draft and negotiate agreements in their clients' best interests.

Listen as our authoritative panel discusses what big data is and the practical and legal considerations surrounding its use. The panel will also discuss best practices for drafting high priority clauses in big data licenses.

Outline

I. Introduction: big data in today's landscape

A. Definitions and key data types

II. Legal and regulatory developments

A. GDPR, CCPA/CPRA, and other U.S. state laws

B. Data subject rights, consent management, cross-border, and localization

III. Privacy-enhancing technologies

A. Differential privacy, tokenization, synthetic data

B. De-identification vs. pseudonymization

IV. Key contractual provisions in big data licenses

A. License and use restrictions (e.g., AI training)

B. Warranties, representations, and disclaimers

C. Indemnification and limitations of liability

D. Confidentiality, data ownership, and sub-licensing rights

V. Big data in AI/ML: new risks and responsibilities

A. Licensing for training datasets vs. outputs

B. Legal concerns around bias, explainability, and model misuse

VI. Compliance, oversight, and enforcement

A. Audit rights and monitoring obligations

B. Documentation, due diligence, and vendor management

C. Enforcement trends and litigation

Benefits

The panel will review these and other relevant issues:

  • Key legal and contractual risks in obtaining and using big data
  • Drafting license agreements for use in AI/ML models
  • Regulatory impacts from GDPR, CCPA/CPRA, and state laws
  • Strategies for anonymization, pseudonymization, and other privacy enhancements
  • Contract downstream liability issues
  • Audit, indemnity, and data security provisions to reduce exposure