Some technology articles age well. The proposed modifications to the HIPAA Security Rule, published in the Federal Register on January 6, 2025, are still not in final form. The final action is expected next month. Once in...more
Anthropic’s new AI model could enable such crippling damage in the wrong hands that the company has decided not to publicly release it – but it still reshapes the cybersecurity risk landscape for every business. The April 7...more
Many healthcare providers assume their technology contracts are static—negotiated once and largely administrative thereafter. That assumption is increasingly risky. Vendors are rapidly embedding artificial intelligence (AI)...more
On March 17, 2026, the U.S. Space Force awarded Kratos Technology & Training Solutions, Inc. (“Kratos”) a $446.8 million follow-on Ground Management Integration (GMI) Other Transaction Agreement (OTA) as part of Space Force’s...more
Two years ago, many technology agreements addressed artificial intelligence (AI), if at all, through a generic disclaimer or a brief acknowledgment that AI features might be included in the offering. Today, that approach is...more
Sports sponsorship agreements were once relatively straightforward: brand visibility in exchange for fees. This is no longer the case. Today, most meaningful sponsorships involve significant data components, whether fan...more
Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more
In Part 1 of this post, we discussed why artificial intelligence (AI) benchmark testing belongs in every contract you negotiate involving AI, why benchmarking is important for every kind of AI system, and what can go wrong...more
Last week, we kicked off a three-part series on artificial intelligence, starting with a discussion on how to manage AI risks related to employees. This week, we’re covering the basic processes providers should adopt for the...more
When it comes to contracting for AI products and AI-enabled solutions, knowing the product and all of its ins and outs is key to protecting your client and your client's data. That was the key theme of the roundtables on AI...more
As demand for data-intensive and AI-driven workloads continues to grow, customers are increasingly encountering constraints on cloud compute resources—particularly specialized processors and region-specific capacity. These...more
Protecting a company’s confidential information — and ensuring there is the ability to sort through whose confidential information is whose — is of the utmost importance in a joint development agreement (JDA)....more
As we enter 2026, the changes of the last several years are no longer abstract. Technology decisions are now examined closely by regulators, courts and counterparties, often long after those decisions were made. At the same...more
As the use of generative artificial intelligence (GenAI) proliferates, customers and vendors face unique challenges in contract negotiations. This post discusses these challenges, offering viewpoints from both perspectives....more
In a rapidly evolving digital economy, companies are increasingly entering into collaboration agreements with “technology partners”—providers of customer-facing platforms—to deliver integrated digital experiences to end...more
Morgan Lewis’s technology, outsourcing, and commercial contract team, along with Boston Consulting Group, recently hosted a roundtable dinner in London, during which senior stakeholders from technology suppliers and large...more
As companies expand global operations, they are forced to navigate a patchwork of local IP laws, data and artificial intelligence (AI) regulations, and ever-shifting geopolitical tensions. Without sufficient diligence,...more
Software ist längst nicht mehr nur ein Baustein moderner Geschäftsmodelle, sondern oft ihr Taktgeber: als Kernprodukt, als Grundlage digitaler Prozesse oder zur Steuerung von Maschinen und Geräten. Wertschöpfung ist dort...more
Emerging technologies, almost by definition, involve unpredictable challenges, risks and rewards. As a result, contracting well for the development or implementation of emerging technologies requires different deal structures...more
In the second part of this five-article series, we examine another common problem in tech contracting, when the solution a customer buys isn’t up to scratch. What causes this, and how can you draft to avoid it?...more
What is Offer and Order Management (OOM)? For the airline industry there are certainly exciting times ahead. We are at the precipice of a profound ideological and technical transformation, seeing a shift from fragmented...more
Artificial intelligence (AI) is transforming the way companies develop, deploy, and license technology. But with that transformation comes new intellectual property (IP) challenges that extend far beyond traditional software...more
Contract Law is a foundational first year course in any law school. As fledgling lawyers everywhere know, when they come out of law school and prepare for the bar exam, contracts form a critical component of our global...more