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Excuse from Performance in Commercial Contracts Part 2: Sorry, Not Sorry

In part one, we discussed key considerations for the possible inclusion of commercial contract provisions affording a party with excusal/relief from liability for nonperformance of an obligation that it otherwise would have...more

Excuse from Performance in Commercial Contracts Part 1: It’s Not Me, It’s You

Commercial contract provisions affording a party with an excuse from performance can take varying shapes and sizes, but they all serve the purpose of relieving the party from liability for nonperformance of an obligation that...more

AI Infrastructure Driving Increased IT Spending

Worldwide IT spending is forecast to total more than $5 trillion in 2024, with 10% year-on-year growth of spending on data center systems, according to recent analysis from Gartner. The increasing adoption of artificial...more

Preparing for DORA: EU Offering ‘Dry-Run’ Voluntary Reporting Exercise

Beginning January 17, 2025, the European Union’s Digital Operational Resilience Act (DORA) will require financial entities to maintain and submit to EU regulators a comprehensive register of their contractual arrangements...more

Key Issues in Commercial Contract Negotiations in the Retail Industry

The intersection of technology and commerce has given rise to a myriad of trends that are reshaping the way companies approach commercial contracts. From the retail industry to the broader market, the integration of...more

Where’s the Money? Options for Commercializing Technology, Part 2: White-Label Arrangements

In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at...more

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

As part of our Spotlight series, we invited litigation partners Dana E. Becker (Philadelphia), Shon Lo (Chicago), and Krista Vink Venegas, Ph.D. (Chicago), to talk about recent trends and issues in IP-related and other...more

Where’s the Money? Options for Commercializing Technology, Part 1: Open Source Software

When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing...more

Big Tech: UK Digital Markets, Competition and Consumers Bill Submitted to Parliament

The UK government introduced its Digital Markets, Competition and Consumers Bill to Parliament for approval on April 25, 2023. The bill establishes a “pro-competition framework” for digital markets, specifically targeting a...more

Bullish on BPO: New Study Finds BPO Market Estimated at $544.8B by 2032

A recently released Business Process Outsourcing (BPO) Market report indicates significant continued growth in the BPO sector over the next decade. The results of the study on which the report is based show an expected growth...more

Esports: The Year in Review and a Look Ahead

As the second year of the pandemic comes to a close, esports—competitive organized video gaming—continue to see viewership and revenue growth in a way that traditional sports have not. Esports viewership is expected to reach...more

Department of Commerce Establishes National Artificial Intelligence Advisory Committee

US Secretary of Commerce Gina Raimondo announced on September 8 that the Department of Commerce established a high-level committee to advise the federal government on a range of issues related to artificial intelligence (AI)...more

FTC Affirms Health Apps and Connected Devices Are Subject to Health Breach Notification Rule

According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16...more

China’s Latest ‘No’ to Crypto

Various Chinese regulators announced a blanket ban on all cryptocurrency transactions and mining, the latest in a concerted effort to address illicit activities conducted using digital assets. The announcement on September...more

Common Issues in Sponsorship Agreements – Part 2: Maximizing Value While Protecting Your Brand

Last week, we started to take a look at key issues sponsors should be mindful of when entering into a sponsorship agreement, particularly for sponsorship of a team, event, venue, individual influencer or player, or similar...more

Biden-Harris Administration Prioritizing Cybersecurity

It has become increasingly clear that improving cybersecurity will be a main focus, and important goal, of the Biden-Harris administration. In May 2021, President Joseph Biden issued an executive order modernizing federal...more

Common Issues in Sponsorship Agreements – Part 1: Knowing What You’re Getting, What You’re Paying For, and What Happens When...

With many sports, music, and other events returning to in-person attendance after a prolonged hiatus for pandemic-related reasons, and others continuing to be conducted in front of huge virtual audiences, we think it’s a good...more

Proposed Chinese Ecommerce Law Amendment Calls for Harsher IP Infringement Penalties for Marketplace Operators

We recently issued a reminder of the September 1 effective date of China’s new Data Security Law (DSL) and its potential impact on all business operators in China, including multinational corporations. But the DSL is not the...more

Studies Find the Digital Health Revolution Marches On, but Challenges Remain

As the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. A recent report, Digital Health Trends 2021:...more

FinCEN Issues Ransomware Advisory

The US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued an advisory to remind US businesses about some aspects of ransomware scams and attacks. ...more

Use of Aggregated Data in Artificial Intelligence Solutions

The use of aggregated data by technology service providers is quite common in today’s landscape, and something that even traditionally cautious customers have become amenable to in the right circumstances and subject to...more

Everyone Is Still Talking About Section 230 of the Communications Decency Act

In a recent post, we addressed 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...more

Global Outsourcing Industry Slowly Recovering in Third Quarter

Information Services Group (ISG) reported that the global outsourcing industry is slowly recovering from the industry’s dip in performance during the second quarter of 2020 due to the coronavirus (COVID-19). ...more

USPTO Issues Report on AI and IP Policy

The US Patent and Trademark Office (USPTO) recently released a report titled “Public Views on Artificial Intelligence and Intellectual Property Policy,” which addresses the impact of artificial intelligence (AI) on various...more

NCAA Reverses Course on Opposition to ‘Fair Pay to Play Act’

As mentioned in our recent blog post, the National Collegiate Athletic Association (NCAA) had been steadfast in its opposition to California’s recently enacted Senate Bill 206, known nationally as the “Fair Pay to Play Act,”...more

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