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Barbara Murphy Melby
Tech & Sourcing @ Morgan Lewis
TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

How Trends in the US, Europe, and Hong Kong Will Affect Tech in 2023

By Anastasia Dergacheva and Jesse R. Taylor
// January 25, 2023
In 2023, many companies are looking to get ahead of the issues that are expected to shape the next few years. In our industry outlook, “The Trends—and Traps—That Will Shape 2023,” our lawyers provide a high-level overview of what’s in store for various global industry sectors, highlighting some of the top tech trends and global regulatory developments.
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Topics: Commercial Contracts, Outsourcing, Service Agreements

Upcoming Webinar on Negotiating XaaS Contracts

By Anastasia Dergacheva and Jesse R. Taylor
// January 23, 2023
Please join us on Wednesday, February 8, 2023, at 12:00 pm–1:00 pm ET, as Morgan Lewis partner Peter Watt-Morse and associates Katherine O’Keefe and James Mulligan discuss issues unique to Anything as a Service (XaaS) agreements and important factors for service providers and their customers to consider.
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Topics: Cloud, Commercial Contracts, Service Agreements

Next Steps After European Union’s Digital Services Act Comes Into Force

By Anastasia Dergacheva , Oliver Bell , and Jesse R. Taylor
// January 19, 2023
The European Union’s Digital Services Act (DSA) came into force on November 16, 2022. The DSA creates comprehensive new obligations for online platforms, introduces protections for users' rights online, and places digital platforms under a new transparency and accountability framework. The DSA is a first-of-a-kind regulatory toolbox globally, which sets an international benchmark for a regulatory approach to online intermediaries.
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Topics: Social Media, Website and Online Presence Management

Dependencies in Technology Integration Deals, Part 2: Remedies for Breach

By Anastasia Dergacheva and Jesse R. Taylor
// January 17, 2023
Contract Corner
In Part 1, we discussed what a dependency in a technology integration is and how to deal with it in a contract. In this installment, we’ll consider how to address the risk of the assisting party not providing required information or assistance.
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Topics: Contract Corner

LawFlash: New York Passes Name, Image, and Likeness Law for College Athletes

By Doneld G. Shelkey , Anastasia Dergacheva , and Jesse R. Taylor
// January 12, 2023
New York recently passed a law that, effective immediately, allows student athletes at colleges within the state to receive compensation for their name, image, and likeness (NIL) being used to endorse products and services, without the risk of losing their scholarships or eligibility to participate in their sports.
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Topics: Copyrights, Intellectual Property (IP), Patents

California and Virginia Ring in 2023 With New Consumer Privacy Acts

By Anastasia Dergacheva and Jesse R. Taylor
// January 09, 2023
The California Privacy Rights Act (CPRA) and Virginia Consumer Data Protection Act (VCDPA) took effect on January 1, 2023, establishing some of the most comprehensive consumer privacy rights within the United States. In this post we highlight these changes in law and provide a checklist to help companies comply with these new legal challenges.
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Topics: Cybersecurity, Data Rights, Privacy

Dependencies in Technology Integration Deals, Part 1: Understanding Dependencies

By Anastasia Dergacheva and Jesse R. Taylor
// January 06, 2023
Contract Corner
Whether an organization is adding a new piece of technology to its platform or acquiring a new product to supplement its offerings, the customer (recipient) and vendor (transferor) will need to work together to ensure the successful integration of such technology or product into the recipient’s systems. More often than not, one party cannot do its part without the other party’s assistance, thereby creating a dependency. In this Part 1, we discuss what a dependency is and how to address it in a contract. Check back for Part 2, where we will review remedies available to the parties in case of a breach of any dependency obligations
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Topics: Contract Corner

Study Finds Average Cost of Data Breaches Reaches All-Time High in 2022

By Anastasia Dergacheva and Jesse R. Taylor
// January 04, 2023
In our June 2021 blog post, Study Analyzes Costs of a Data Breach, we discussed the Ponemon Institute’s report setting forth a vast dataset that analyzed data breaches at hundreds of organizations to spot trends and developments in security risks and best practices. With the calendar turning to 2023, this blog looks at the increased costs of data breaches in 2022 to anticipate how negotiations for liability caps of such breaches may evolve in the new year.
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Topics: Cybersecurity, Data Rights, Privacy

Contract Corner: 2022 Anthology

By Christopher C. Archer and Charlotte Roxon
// December 29, 2022
Contract Corner
As we reach the end of the year 2022, 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.
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Topics: As a Service, Blockchain, Cloud, Commercial Transactions, Contract Corner, Intellectual Property (IP), Outsourcing, Service Agreements, Transformation

ChatGPT: The Arrival of a Disruptive AI Tool

By Christopher C. Archer and Charlotte Roxon
// December 28, 2022
At the end of November, OpenAI released an artificial intelligence (AI) chatbot tool called ChatGPT, which has been called an “iPhone moment in AI” due to its potential to disrupt the technology industry. Although chatbots are a relatively common tool in today’s world, ChatGPT differentiates itself through its ability to instantaneously explain complex concepts in simple terms and to generate creative content from scratch, among other things.
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Topics: Future Watch, Robotics and Artificial Intelligence
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