Tony Caldwell helps clients develop, deploy, acquire, and commercialize emerging technologies. He regularly advises clients navigate complex issues related to law, technology, and artificial intelligence. He chairs the firm’s AI Practice Group and co-chairs the firm’s Cybersecurity, Data Protection, and Privacy Practice Group. His day-to-day practice focuses on corporate, technology, and life sciences transactions, with an emphasis on commercial contracts, artificial intelligence governance, software licensing, manufacturing and supply chain, data privacy, cybersecurity, and mergers and acquisitions.
Technology Transactions
Tony advises emerging and established companies on the development, acquisition, licensing, commercialization, and protection of technology, intellectual property, and data. He structures and negotiates SaaS and software agreements, technology licenses, data-use arrangements, strategic collaborations, professional-services agreements, and complex vendor and supply-chain contracts. His experience spans AI and machine learning, fintech, proptech, bevtech, cybersecurity, digital health, data analytics, semiconductors, batteries, defense, call, centers, autonomous and connected technologies, and other emerging technologies across highly regulated industries.
Artificial Intelligence
Tony advises companies developing, offering, acquiring, and deploying AI-enabled products and services. His experience includes structuring and negotiating AI addenda and commercial agreements; developing AI governance policies, transparency disclosures, and risk assessments; allocating rights in AI prompts, training data, customer data, models, and outputs; and addressing AI explainability, human oversight, bias, audit rights, model validation, and third-party AI providers. He also counsels clients on the privacy, cybersecurity, intellectual property, employment, and regulatory considerations associated with generative AI, machine learning, and automated decision-making.
Tony’s recent work includes advising on enterprise deployments of large language models involving sensitive data, negotiating customer and vendor AI terms for AI-enabled technology providers, addressing restrictions on the use of confidential and research data for model training, and counseling businesses concern AI-enabled decision-making tools with human-in-the-loop oversight. He regularly writes and presents on emerging AI regulation, responsible AI use, and the professional-responsibility considerations associated with legal AI tools.
Healthcare and Life Sciences
Tony also has extensive experience with clinical trial, research, development, manufacturing, supply, distribution, software, and data arrangements.
Tony advises healthcare providers, life sciences companies, clinical-research organizations, medical technology companies, and digital-health businesses on technology transactions, data use, commercial arrangements, and regulatory compliance. His recent work includes counseling clients on the deployment of AI tools that may access protected health information, reviewing business associate and data-processing arrangements for AI-enabled services, negotiating restrictions on the use of clinical and participant data for model training, and assessing legal risks associated with AI-supported clinical documentation, coding, utilization management, and claims processes. He is a member of the firm’s Life Science and Medical Technology Industry Group. He has extensive experience negotiating preclinical and clinical trial agreements, material transfer agreements, and domestic and international supply chain agreements. He has also represented several life sciences companies in connection with private equity investments, mergers and acquisitions, and initial public offerings (IPOs).
Data Privacy and Cybersecurity
Tony advises U.S. and multinational companies on privacy compliance, cybersecurity preparedness, data governance, vendor risk management, cross-border data transfers, and the responsible use of AI and automated decision-making technologies. He helps clients develop practical privacy and security programs, conduct data and AI risk assessments, negotiate data-processing and cybersecurity terms, manage data-subject requests, prepare for cyber incidents, and develop employee, consumer, and AI-use notices and policies.
His recent work includes counseling companies on automated employment decision tools, employee monitoring and privacy notices, AI model-training restrictions, digital advertising and outreach, data licensing, cybersecurity services, and U.S. state, federal, and international privacy requirements. He also has substantial experience assisting organizations with ransomware, cyber extortion, and other incidents involving sensitive information.
He routinely assists companies with issues and drafting policies related to the E.U. General Data Protection Regulation (GDPR), U.K. GDPR, California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Telephone Consumer Protection Act (TCPA), Children’s Online Privacy Protection Act (COPPA), Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), Personal Information Protection and Electronic Documents Act (PIPEDA), Health Insurance Portability and Accountability Act (HIPAA), and Health Information Technology for Economic and Clinical Health Act (HITECH).
Sports and Entertainment
Tony advises professional sports teams and entertainment businesses on their brand awareness and commercialization efforts through licensing, events, and corporate sponsorships. He has counseled clients regarding name, image, and likeness (NIL), affiliate marketing, fashion shows, film festivals, food & beverage programs, influencer and celebrity advertisements, and concierge services. He has represented clients in a variety of professional and college deals across golf, e-sports, football, and soccer.
Artificial Intelligence
Life Science and Medical Device