Tech & Sourcing @ Morgan Lewis

Many organizations have longstanding sustainability initiatives for reducing waste through efforts such as recycling or reductions in printing. However, organizations are now also looking to their use of technology to help improve the sustainability of their operations.

From all of us on the technology, outsourcing, and commercial transactions team at Morgan Lewis, we’d like to wish you and your loved ones happy holidays and a wonderful new year.

Please join us on Wednesday, January 12, 2022 at 12:00 pm ET as Morgan Lewis partners Barbara Murphy Melby and Mike Pierides discuss the outlook for the outsourcing industry in the new year and what opportunities and challenges may lay ahead.

As 2021 comes to a close, we have once again compiled all the links to our Contract Corner blog posts, a regular feature of Tech & Sourcing @ Morgan Lewis. In these posts, members of our global technology, outsourcing, and commercial transactions practice highlight particular contract provisions, review the issues, and propose negotiating and drafting tips.

Morgan Lewis's website, morganlewis.com, has been redesigned with a new look and tools to make it easier to access and leverage information about the firm.  One-click navigation takes users directly to landing pages for Our Practice, Our Thinking, and Our Firm, where you can explore events and webinars, blogs and other publications, trending topics, and more. You can also learn more about our commitment to Diversity & Inclusion, community engagement, and pro bono services.

Broad awareness has been made about cyberattacks in the form of phishing that typically use email messages to lure victims into divulging sensitive information or opening a link that allows malware to infiltrate their device. Companies have learned how to combat phishing by training employees to recognize such scam attempts and report them as phishing to protect their organizations. “Vishing” is another tactic used by scammers that, while less familiar, is no less invasive and dangerous.

With the exponential growth of cyber threats, cloud computing and remote working, contract provisions regarding data security requirements have also expanded in size and frequency. It has become common practice to prepare schedules to detail (and limit) security requirements. Customers and vendors both have a vested interest in clearly identifying expectations and obligations for such requirements. In this week’s Contract Corner, we explore considerations when it comes to drafting security schedules.

As part of our M&A Academy series, please join us on Tuesday, December 14, 2021 at 11:30 am ET as Morgan Lewis partners Vito Petretti and David G. Glazer discuss key considerations in structuring and negotiating transition service agreements in the context of M&A transactions.

As part of our Digital Disruption and Innovation webinar series, please join us on Tuesday, December 7, 2021 at 12:00 pm ET as Morgan Lewis partner Doneld G. Shelkey and associate Eric J. Pennesi discuss the future of the growing esports industry.

The Court of Justice of the European Union (CJEU) has held in Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd that the supply of software by electronic means, where accompanied by the grant of a perpetual user license in return for a fee, could constitute a “sale of goods” for the purpose of defining a commercial agent under the EU Commercial Agents Directive (the Directive).