Our engagement letters have confidentiality clauses. Does that end it?
Rarely. It narrows scope. Internal method, training material and the firm's own reasoning are frequently unencumbered, and anonymization addresses much of the rest.
Do we need client consent?
That depends on your terms and jurisdiction, and it is your call to make. We build scope around what you are free to license rather than the reverse.
Who decides what is in scope?
You do. What is not in scope is not licensed, and that is written into the licence before signature.
Should we involve counsel?
If you would for any licence, yes. The document is a licence to defined operational data, not a sale and not a financing.