In Part 1 of this series, we discussed why artificial intelligence (AI) agents present unique challenges for technology and outsourcing contracts. As businesses move from development to deploying them in real-world...more
As aerospace and defense programs become increasingly reliant on complex, multitiered supply chains and emerging technologies, disputes over intellectual property, supply, pricing, and performance are on the rise....more
9/26/2025
/ Aerospace ,
Contract Disputes ,
Contract Terms ,
Defense Sector ,
Export Controls ,
Force Majeure Clause ,
Indemnity ,
Infringement ,
Intellectual Property Protection ,
Risk Management ,
Supply Chain
As companies expand their use of artificial intelligence, copyright law has become a central area of risk and uncertainty. Building on a recent Tech Marathon webinar presented by Morgan Lewis, we highlight key takeaways from...more
9/24/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Legislation ,
Regulatory Requirements ,
Risk Management
As ransomware threats, data breach litigation, and supply chain cybersecurity concerns become increasingly more common and costly, buyers of tech, SaaS, and outsourcing services are giving far more weight to cyberliability...more
9/16/2025
/ Business Interruption ,
Commercial Insurance Policies ,
Consumer Insurance Products ,
Contract Terms ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Indemnification Clauses ,
Limitation of Liability Clause ,
Ransomware ,
Risk Management ,
Supply Chain
The EU Data Act’s implementation date is already upon us. That’s right, it becomes applicable, in part, on September 12, 2025, marking a major milestone in Europe’s data transformation journey, impacting cloud services,...more
9/12/2025
/ Cloud Computing ,
Contract Terms ,
Cybersecurity ,
Data Protection ,
Data Security ,
EU ,
EU Data Protection Laws ,
Information Technology ,
International Data Transfers ,
Internet of Things ,
New Legislation ,
Regulatory Requirements ,
SaaS
As businesses move quickly to adopt artificial intelligence agents, contracts for their development and implementation raise novel questions around ownership, accountability, and risk. In this first post of a two-part series,...more
In today’s dynamic business landscape, outsourcing has become an indispensable tool for organizations seeking to streamline operations, cut costs, and access specialized expertise. Yet, as technology advances at an...more
This blog is the finale to our Cracking AI and Outsourcing Conundrums series, a series in which we’ve discussed thought-provoking topics and set the stage for dynamic discussions with outsourcing customers and providers on...more
In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS)...more
Welcome to Part 3 of our Cracking AI and Outsourcing Conundrums series. In Part 1, we discussed at a high level the challenges of requiring outsourcing providers to drive innovation through the use of generative AI (GenAI)...more
In Part 1 of our Cracking AI and Outsourcing Conundrums series, we discussed at a high level the challenges of requiring outsourcing providers to drive generative AI (GenAI) innovation while at the same time complying with...more
The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more
The US Cybersecurity and Infrastructure Security Agency (CISA) has recently released draft rules that are set to reshape how critical infrastructure companies report cyberattacks to the US government. The rules are designed...more
Innovation: all companies want their outsourcing providers to be at the forefront, whether accomplished by proposing ideas, implementing solutions as part of their business-as-usual services, or offering savings based on...more
Artificial intelligence (AI) and machine learning (ML) are transforming industries and everyday life—but they are not without potential legal issues. ML, a subfield of AI, involves developing algorithms and statistical models...more
In the era of digital transformation, businesses increasingly rely on software-as-a-service (SaaS) solutions for various operational needs. For a buyer, it is crucial to prioritize data security when negotiating SaaS...more
Software as a service (SaaS) is a distribution model where the software vendor hosts their software on their own servers, or the cloud, as opposed to the customer purchasing the software for use on their own on-premises...more
OpenAI has introduced its artificial intelligence (AI) language model, ChatGPT, to the world. ChatGPT interacts with users in a conversational manner to create human-like text in response to prompts. The use cases of this...more
A sole and exclusive remedy clause allows parties to a contract to choose specific remedies and relief available under the terms of the agreement. Essentially, exclusive remedy provisions restrict a party's available remedies...more
The German Higher Regional Court of Karlsruhe (OLG Karlsruhe) recently repealed the July 13, 2022, decision of the Procurement Chamber of the German state of Baden-Württemberg that had argued that the mere risk of access to...more
The Department for Digital, Culture, Media & Sports (DCMS) confirmed on August 30, 2022, that it will push forward with tough new regulations and a code of practice to bolster the security and resilience of the United...more
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