Tech & Sourcing @ Morgan Lewis

While a freedom-to-operate (FTO) analysis often centers on patent or trademark searches, contractual commitments can establish the practical boundaries—or maze—of a company’s degrees of freedom. Organizations with a checklist of high-level issues to be addressed during contract discussion and negotiation (such as liability, compliance, and data protection) should consider adding FTO to that list. With a more holistic perspective of the FTO landscape and with business and technical teams’ input, commercial counsel can find creative ways to complete the puzzle.

Flexibility versus certainty is an important and often challenging tradeoff throughout commercial contract negotiations, particularly regarding termination for convenience. Customers, mindful of shifting budgets, technological changes, and evolving business needs, want the freedom to walk away at their discretion. Vendors, mindful of upfront infrastructure investments, staffing needs, and revenue volatility, want a committed income stream. Reconciling these competing needs can become a significant sticking point, often arising later in the negotiation cycle after other issues have been settled.

World Intellectual Property Day on April 26, 2026 provides a timely lens through which to examine the increasingly complex role that intellectual property (IP) and commercial rights play across the sports industry. Far beyond traditional questions of trademark, copyright, patent, and design protection, the modern sports ecosystem is shaped by layered rights and contractual structures governing athlete branding, sponsorships, media distribution, data, venue technology, and emerging artificial intelligence (AI)-driven uses.

While stadium naming rights agreements have traditionally focused on the core commercial points one would expect—category exclusivity, signage rights, use of trademarks, media integration, hospitality benefits—as more stadiums host global events such as the FIFA World Cup and the Olympics, temporary obscuring signage language has become an increasingly important consideration in naming rights negotiations.

In our May 2025 blog post, Study Finds Average Cost of Data Breaches Significantly Increased Globally in 2024, we highlighted the key findings of the Ponemon Institute’s Cost of a Data Breach Report 2024. The Ponemon Institute has now published its Cost of a Data Breach Report 2025, showing a decrease in data breach costs, driven by faster identification and containment. Each year, the report sets forth a vast dataset analyzing data breaches at hundreds of organizations to spot trends and developments in security risks and best practices.

We are currently witnessing a fundamental shift in the role that AI plays in enterprise operations, transitioning from a system that responds when prompted to one that plans, decides, and acts on its own. This shift has a name: agentic AI. And for business leaders and counsel advising on technology strategy, it deserves serious attention right now.

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 inadequate. The integration of AI into commercial products, outsourcing arrangements, and enterprise software agreements has forced a rethinking of longstanding contract frameworks.

Please join us for our fifth annual Artificial Intelligence (AI) Boot Camp. Throughout the series, Morgan Lewis lawyers will explore the latest in AI developments, insights, usage, and integration, as they may impact companies of all sizes and across industries. Discussions will examine key challenges and opportunities presented by AI from a business and legal perspective.

Get ahead of the game by joining partner Don Shelkey and associate Jesse Taylor on March 4, 2026, from 12:00 pm to 1:00 pm ET, for a discussion on emerging trends in sports business transactions. From artificial intelligence–driven fan engagement to innovative sponsorship models shaping the future of sports transactions, the Morgan Lewis team will explore the trends, opportunities, and challenges shaping these transactions.

The NCAA has ushered in a major shift in college sports commercial sponsorship: a shift that has the potential to reshape sponsorship strategies at every Division I school. Starting August 1, 2026, teams at Division I schools will be permitted to display commercial patches on uniforms, apparel, and equipment, subject to certain size and number restrictions.