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UK Government Publishes Green Paper on Transforming Public Procurement

The UK government published a Green Paper on December 15 that includes proposals to shape the future of public procurement in the United Kingdom by speeding up and simplifying public sector procurement processes....more

The Internet of Things Cybersecurity Improvement Act of 2020: IoT Goes Federal

The Internet of Things Cybersecurity Improvement Act of 2020 was signed into law on December 4, resulting in the first federal regulation of the Internet of Things (IoT). ...more

Information Requirements for Online Traders in the UK and European Union

Traders selling goods, services, and/or digital content online to consumers in the United Kingdom and the European Union need to comply with laws requiring the provision of certain information as part of the sales process....more

European Digital Services Act to Be Published in December 2020

This month the European Commission (Commission) is expected to publish the Digital Services Act (DSA), a package of EU legislation intended to modernize the legal framework for digital services in the European Union. ...more

European Commission Publishes Draft Article 28 Standard Contractual Clauses

The European Commission (Commission) published draft Article 28 standard contractual clauses (Article 28 Clauses) last month for use between controllers and processors when processing personal data in the European Union. ...more

New York Reforms Automatic Renewal Laws

New York Governor Andrew Cuomo signed New York State Senate Bill S01475, which reforms New York State law surrounding automatic renewals for consumer contracts, on November 11. The bill reflects the growing trend of widening...more

NY Department of Financial Services Issues Guidance on Cybersecurity During COVID-19

New York’s Department of Financial Services (DFS) issued guidance on April 13 alerting regulated entities of the significant increase in cybercrime during the coronavirus (COVID-19) pandemic. ...more

Contract Corner: Extending Contracts by Variation

There comes a time when every contract will come to an end; however, what happens when the parties don’t want that to happen but there are no provisions in the contract dealing with extension rights? In this blog we analyze...more

Contract Corner: An Overview of Benchmarking for Customers and Suppliers

Often included in long-term outsourcing/managed services agreements but sometimes overlooked as a contractual right, in this post we look at benchmarking provisions, including what benchmarking is, common rights and...more

Legal Protections in RFP Responses

When responding to requests for proposals (RFPs), vendors should be conscious that they might be disclosing highly confidential or commercially sensitive material to the potential customer, with no guarantee of securing the...more

SAFETY Act Provides Liability Protection to Colleges and Universities for Physical Security of Stadiums and Arenas

More than 1,000 Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2,002 approvals have been granted by the US Department of Homeland Security (DHS) since the act’s inception. Many professional...more

New York Creates Cybersecurity Division to Protect Against Cyber Threats

New York has increased its effort to enforce cybersecurity by creating a new unit designed to combat cybercrime and protect individuals’ sensitive data from attacks....more

Legal Issues in Esports

In 2018, the esports industry experienced remarkable growth. Poised to become the next multibillion-dollar industry, the esports industry has become a part of mainstream sports. For example, the League of Legends World...more

Contract Corner: Exceptions to Unenforceability of Termination in the Event of Bankruptcy Clauses (Part 2)

In Part 1, we discussed how, despite widespread usage, termination in the event of bankruptcy clauses (“ipso facto” clauses) are generally unenforceable pursuant to the bankruptcy code. In this second part, we discuss why...more

Contract Corner: Termination in the Event of Bankruptcy Clauses Are Generally Unenforceable (Part 1)

Practically all commercial transactions, including licenses, services agreements, and supply agreements, contain a provision that triggers termination rights, without notice, to a party whenever the other party files for...more

Robotic Process Automation Proving Fruitful for Early Adopters

Robotic process automation (RPA) is here and companies at the forefront of the adoption of this technology are reaping a variety of benefits....more

Contract Corner: Best Practices for Securing IP Ownership

Part 1 of this three-part series discusses intellectual property ownership rights in the absence of another agreement. Part 2 addresses some of the common ways that parties can allocate the ownership of intellectual property...more

Contract Corner: Contractual Allocation of Intellectual Property Ownership

In Part 1 of this three-part series, we discussed how intellectual property ownership is determined in the U.S. if no agreement is in place. In this second part, we discuss the typical ways that parties can use contracts to...more

Contract Corner: US Intellectual Property Ownership – Default Laws

Protecting intellectual property rights is a critical component to the success of a technology company. In order for a tech company to determine how to protect its intellectual property, the company should understand how the...more

Commercial Use of Drones – Part 2: Privacy, Local Laws, and Business Considerations

In Part 1 of this two-part series, we discussed some of the Federal Aviation Administration (FAA) requirements for commercial use of unmanned aerial vehicles (also known as UAVs or drones). In this Part 2, we discuss some of...more

Commercial Use of Drones – Part 1: Complying with FAA Guidelines

Unmanned aerial vehicles (UAVs)—popularly known as drones—have enormous possibilities for use in the business world. In fact, the drone market is expected to exceed $12 billion by 2021. The small size, maneuverability, and...more

Truly Driverless Cars: California’s New Rules Permit Testing Without Drivers

California was one of the first states to allow autonomous vehicles (self-driving cars) to be tested on public roads. On April 2, 2018, the state began allowing self-driving cars without a driver in the vehicle to be tested...more

White House Issues Report on IT Modernization

On August 31, the White House released a report developed by the American Technology Counsel (ATC), Office of Management and Budget, Department of Homeland Security, Department of Commerce, and General Services Administration...more

ICO Offers Guidance for Contracts under the GDPR

Earlier this month, the United Kingdom’s Information Commissioner’s Office (ICO) released an initial draft guide of contracting requirements and liabilities for data controllers and data processors doing business together...more

European Central Bank Releases Guide on Assessment of Fintech Bank License Applications

Earlier this month, the European Central Bank (ECB) released a draft guide to provide a consistent approach on how to assess fintech credit institution license applications. The guide defines fintech banks as having “a...more

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