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Contract Corner: Additional Contracting Tips for AI in Service Agreements

It is no secret that usage of artificial intelligence (AI) technologies continues to expand at a rapid pace. In fact, Flexera’s 2023 Tech Spend Pulse, which is based on a survey of 506 information technology executives across...more

Cybersecurity & the Digital Transformation: Key Considerations for Vendor Agreements in the Energy Industry

The energy industry faces unique challenges when it comes to cybersecurity and working with vendors on digital transformation projects. Energy is one of the “critical infrastructure sectors” identified in Presidential Policy...more

The Procurement Act of 2023: A Summary for Suppliers

The landscape of public procurement in the United Kingdom is primed for a significant shift in 2024 following the introduction of the Procurement Act 2023, which received Royal Assent earlier in 2023. The act, which comes...more

What the EU Data Act Means for Cloud Providers

The European Council adopted the EU Data Act (the Act) on November 27, 2023, representing a major regulatory shift in cloud services and data processing. The Act’s objectives include ensuring fairness in the allocation of...more

2023 Tech & Sourcing Summit: A Summary

On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team filled a room in New York with representatives from various industries who were looking to engage in interactive discussions...more

Planning for the Exit: How to Terminate Cloud Relationships

Cloud technology is one of the most dominant forms of technology used by companies today. In short, everyone and everything is in the cloud. Given the increased use of the cloud for enterprise-wide and critical business...more

ChatGPT: The Arrival of a Disruptive AI Tool

At the end of November, OpenAI released an artificial intelligence (AI) chatbot tool called ChatGPT, which has been called an “iPhone moment in AI” due to its potential to disrupt the technology industry. Although chatbots...more

UK Financial Regulators Levy Nearly £50 Million in Fines for Bank’s Operational Resiliency Failures

The UK Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) on December 20, 2022, announced fines totaling £48.65 million ($59 million) on TSB Bank plc (TSB) for operational resiliency failures, after...more

LinkedIn v. hiQ: Landmark Data Scraping Suit Provides Guidance to Data Scrapers and Web Operators

Following up on our April 27, 2022 post, Data Scraping Deemed Legal in Certain Circumstances, the most significant data scraping lawsuit has finally come to an end. After six years of litigation, LinkedIn Corp. and hiQ Labs,...more

UK DCMS Committee Launches Inquiry Into NFTs and Blockchain

The Digital, Culture, Media and Sport Committee (DCMS) of the UK Parliament published a call for evidence on the operation, risks, and benefits of non-fungible tokens (NFTs) and blockchain. The DCMS noted that digital assets...more

EU Commission Begins Process to Adopt Adequacy Decision for EU-US Data Privacy Framework

The European Union (EU) Commission released its Draft Adequacy Decision for the EU-US Data Privacy Framework on December 13, which, in conjunction with President Biden’s executive order issued on October 7, will further...more

NYDFS Publishes Proposed Amendment to Its Cybersecurity Rules for Financial Services Companies

The New York Department of Financial Services (NYDFS) published its proposed amendment to its 23 NYCRR Part 500 (Cybersecurity Rules) on November 9, 2022, following the release of the draft version on July 29, 2022....more

UK FCA, BoE, and PRA Publish Discussion Paper on Adopting AI in Financial Services

On October 11, the Bank of England (BoE), the Prudential Regulation Authority (PRA), and the UK Financial Conduct Authority (FCA) (together, the Supervisory Authorities) published a discussion paper (DP5/22) on the safe and...more

Merchandise License Agreements

Rights holders are almost always looking for ways to monetize the intellectual property (IP) that they own or license. For owners of rights in popular logos; characters from TV shows, movies, or video games; or similar IP,...more

David Plotinsky – Technology and Foreign Investment in the US

In this edition of our Spotlight series, we welcome David Plotinsky to discuss key issues that technology lawyers and professionals should keep in mind regarding tech transactions, foreign investment, and review by the...more

NFTs: Key Considerations for Rights Clearance

Non-fungible tokens (NFTs) have exploded in popularity over the past year. Use cases for NFTs have been growing as more industries are realizing the benefits they present. A report by blockchain specialist Chainalysis found...more

Kristin Hadgis – Ecommerce and Online Contracting

Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan...more

Agreed Terms During Negotiations May Be Impliedly ‘Subject to Contract’ Under English Law

A recent judgment by the High Court of England and Wales in the case of Jamp Pharma Corp v. Unichem Laboratories Limited has held that agreements reached as part of contract negotiations for contracts governed by English law...more

Key Considerations for Business Continuity and Disaster Recovery Provisions

Planning for major service disruptions and disasters, such as prolonged power failures, fires, flooding, and other extreme weather events, is an important element of strategic technology and service agreements. ...more

UK’s Financial Conduct Authority Publishes Its New 2021/22 Business Plan

The UK’s Financial Conduct Authority (FCA) published its 2021/22 Business Plan on July 15, setting out its future role, priorities, and how it intends to deliver them. The FCA’s website contains a summary and full copy of the...more

Practical Tips for Amending Complex Commercial Contracts

Changes to complex commercial contracts are inevitable. These contracts, such as large outsourcing agreements, typically include a master services agreement (MSA) and a high number of exhibits and attachments describing the...more

Considerations for Updating Standard Contractual Clauses

On June 4, 2021, the European Commission adopted its long-anticipated updated Standard Contractual Clauses (New SCCs) for use by organizations transferring personal data outside of the European Economic Area (EEA) to third...more

UK Government Requests Views on Supply Chain Cybersecurity

The United Kingdom’s Department for Digital, Culture, Media & Sport (DCMS) is requesting views on supply chain cybersecurity, which it will look to incorporate into its new National Cyber Security Strategy....more

Legislation Introduced to Reform Section 230 of the Communications Decency Act

Following the US Department of Justice’s recent recommendations to reform Section 230 of the Communications Decency Act (CDA) to provide incentives for online platforms to address illicit material on their platforms, two US...more

Contract Corner: Technology Transformation in Outsourcing Agreements (Part 3)

In an ideal outsourcing relationship, technology transformation through innovation, continuous improvement, and future project work is never really “over.” When documenting an initial transformation program and individual...more

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