Autorenewal provisions (sometimes referred to as evergreen provisions) are common in commercial agreements for the provision of technology and related services. Vendors may want their agreements to autorenew to save time...more
On July 1, 2021, the National Collegiate Athletic Association (NCAA) officially changed its rules prohibiting college athletes from receiving benefits from their name, image, and likeness. ...more
As discussed in a post from last month, annual spending worldwide on cloud services continues to rise with an expected increase up to $332 billion by the end of 2021, which is an increase from $270 billion in 2020. While the...more
6/18/2021
/ Biden Administration ,
Cloud Computing ,
Cloud Storage ,
Critical Infrastructure Sectors ,
Data Preservation ,
Electronically Stored Information ,
Federal Funding ,
Information Technology ,
Popular ,
SaaS ,
Software
There are often misconceptions in connection with negotiating intellectual property (IP) development agreements with developers located in Russia. This post details five common misconceptions and provides tips for complying...more
As discussed in a post from earlier this week, President Joseph Biden issued an executive order on May 12, 2021 to improve the nation’s cybersecurity. The White House has put its proverbial money where its mouth is by...more
When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and...more
4/14/2021
/ Artificial Intelligence ,
Data Protection ,
Digital Health ,
Exclusivity ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
IP License ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Requirements ,
Software ,
Supervision and Collaboration Agreements
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
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
Earlier this month, we discussed the significance of the transformation workstream in outsourcing transactions and outlined important topics and points to consider when documenting the overall transformation methodology...more
The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus...more
6/24/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General
Transition services agreements (TSAs) are often an integral part of a transaction when a buyer or a seller needs to use the other’s services, infrastructure, or resources for an agreed-upon period of time after an...more
Transformation is often a critical component of outsourcing and managed services transactions. The transition of core or non-core functions to a third-party provider can provide an opportunity for the customer to leverage the...more
The Federal Trade Commission (FTC) is seeking comments on the effectiveness of the amendments it made to the Children’s Online Privacy Protection Rule (COPPA Rule) in 2013, to determine whether additional changes are needed...more
The Stop Hacks and Improve Electronic Data Security (SHIELD) Act was signed into New York law by Governor Andrew Cuomo on July 25, after passing the New York State Assembly on June 17. ...more
As lawmakers, policymakers, tech companies, and other data collectors try to determine how much access and control of consumer data is appropriate or acceptable, and how much notice and choice consumers should have, consumers...more
Open source programs are becoming a best practice in the technology, telecom/media, and financial services industries. Companies are establishing open source best practices to streamline and organize the way their employees...more
When an inventor of technology who is also a university employee wants to commercialize university-developed technology, it is customary for the university and the inventor to “spin out” the technology via a license agreement...more
Executive Order 13873 was issued on May 15 with the goal of “Securing the Information and Communications Technology and Services Supply Chain.” The order ultimately seeks to manage the national security risk that can exist in...more
In this Contract Corner, we are highlighting considerations for drafting sublicense provisions in the context of an Intellectual Property License.
..Definition of Sublicense. A sublicense in the context of an IP license is...more
Internet-connected devices contributing to the Internet of Things (IoT) are projected to exceed 50 billion devices by 2025, according to the Federal Trade Commission’s Bureau of Consumer Protection in its June 2018 comments...more
The European General Data Protection Regulation (GDPR) took effect in May 2018, requiring companies that handle or process EU residents’ personal information to conform to practices that seek to more fully protect consumer...more
President Donald Trump signed the NIST Small Business Cybersecurity Act, S. 770 (formally known as the “Min Street Cybersecurity Act”) into law on August 14....more
As detailed in a prior blog post, California’s new privacy law, commonly referred to as the CCPA, seeks to impose tougher privacy requirements on companies that collect and use consumer data....more
The US Department of Homeland Security (DHS) hosted the first National Security Summit on July 31 in New York City. In attendance were US Vice President Mike Pence, senior members of the DHS and other federal agencies, as...more
Website terms of use are often copied and pasted from other sites, and viewed as “standard” or “boilerplate” terms to protect site operators and set forth the basic rules governing the relationship between the site operator...more