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

Important Considerations When Tech Service Providers and Life Science Companies Collaborate in the Digital Health Space

By Emily R. Lowe , Michele L. Buenafe , and Kelli A. Boyle
// April 14, 2021
When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and analysis services, or a more complex collaboration, the parties should consider the following.
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Topics: Commercial Transactions, Digital Health, Intellectual Property (IP), Technology and Tech Transactions

UK Prudential Regulation Authority Clarifies Third-Party Risk Management Expectations

By Mike Pierides and James Mulligan
// April 12, 2021
The UK Prudential Regulation Authority (PRA) published a policy statement (PS7/21) and a supervisory statement (SS2/21) on clarifying and modernizing regulatory expectations of outsourcing and third-party risk management on March 29. The expectations in PS7/21 and SS2/21 are relevant to banks, PRA-designated investment firms, insurers, and branches of overseas banks and insurers and apply not just to “outsourcing” but also non-outsourcing material or high-risk service arrangements. The expectations apply at a legal entity level rather than at a group level (save for expectations on intragroup arrangements).
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Topics: Cloud, Commercial Transactions, Data Rights, Outsourcing, Service Agreements, Technology and Tech Transactions

Financial Services Supervising Authorities Deliver Strong Message on Building Operational Resilience in the United Kingdom

By Mike Pierides and Charlotte Roxon
// April 08, 2021
We recently noted that the UK Financial Conduct Authority (FCA) published the outcome of a review into the factors that determine failure or success when implementing technology change in the financial services sector and discussed the importance of this review for firms seeking to improve the operational resiliency of their technology change management process.
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Topics: Commercial Transactions, Fintech, Outsourcing, Sourcing

Key Considerations for Application Purchase Agreements (Part 1)

By Anastasia Dergacheva , Anastasia Kiseleva , and Charlotte Roxon
// April 06, 2021
Contract Corner
The purchase of applications (or apps) is a comprehensive arrangement that includes the transfer of a variety of rights and assets, including intellectual property (IP) rights, software, human resources, equipment, and infrastructure, as well as the transfer of related contracts, accounts, and data. In this Contract Corner, we highlight key considerations for developing an application purchase agreement.
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Topics: Contract Corner, Technology and Tech Transactions

National Artificial Intelligence Strategy Announced in United Kingdom

By Mike Pierides , Charlotte Roxon , and Kelli A. Boyle
// March 29, 2021
Having recently announced the launch of the new UK Cyber Security Council, the UK government has followed up by announcing its plans to publish a new National Artificial Intelligence Strategy (the AI Strategy) later this year.
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Topics: Robotics and Artificial Intelligence

Maryland Is First State to Enact Digital Advertising Tax

By Mike Pierides and Kelli A. Boyle
// March 25, 2021
Maryland enacted a state tax on digital advertising gross revenues on February 12, after overriding the governor’s veto. The passed law, which is the first of its kind in the United States, imposes “a tax on certain annual gross revenues derived from certain digital advertising services in the State” and requires those whose revenues will meet a revenue threshold to complete and file with the state comptroller a specific tax return to reflect such position. Failure to pay such taxes as required could result in interest owed on such unpaid taxes or criminal penalties for failing to file or falsely filing a return.
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Topics: Digital Health, Social Media, Website and Online Presence Management

Nevada Takes Steps to Set Up Esports Commission

By Mike Pierides and Kelli A. Boyle
// March 23, 2021
A Nevada senator introduced Senate Bill 165 (SB 165) on March 2 to the state legislature, which aims to form the Nevada Esports Commission to govern and regulate esports in the state within the Department of Business and Industry. This type of esports commission would be a first in the United States. The proposed bill defines “esports” as “a contest of multiple players using video games.” The purpose of the bill is to form a relationship with the growing industry of esports and to promote and protect the integrity of esports competition. Participation and viewership of esports competitions are rising, which also creates a substantial opportunity for digital advertising.
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Topics: e-Gaming

Digital Platforms: UK Digital Regulation Cooperation Forum to Include Financial Conduct Authority

By Mike Pierides , James Mulligan , and Kelli A. Boyle
// March 18, 2021
The United Kingdom’s Digital Regulation Cooperation Forum (DRCF) on March 10 announced in its 2021–2022 workplan that the UK Financial Conduct Authority (FCA) will join as a full member from April 1, 2021.
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Topics: Automation, Blockchain, Connected Devices and the Internet of Things (IOT), Data Rights, Robotics and Artificial Intelligence, Technology and Tech Transactions, Website and Online Presence Management

Upcoming Webinar: Digital Health Considerations in Commercial Contracts

By Mike Pierides and Kelli A. Boyle
// March 15, 2021
Please join us for a webinar discussing important commercial terms and regulatory principles that apply when taking healthcare-related companies digital. We will discuss business culture and regulatory differences, governance and compliance, challenges when marketing in the healthcare space, and more.
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Topics: Commercial Transactions, Digital Health, ML Seminars and CLEs

FCA Publishes Report on Implementing Technology Change

By Mike Pierides , Charlotte Roxon , and Kelli A. Boyle
// March 10, 2021
The UK Financial Conduct Authority (FCA) has published its findings on an extensive review into the factors which determine failure or success when implementing technology change in the financial services sector.
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Topics: Commercial Transactions, Fintech, Outsourcing, Sourcing
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