Tech & Sourcing @ Morgan Lewis

Signing up for a streaming service might be faster than choosing what to watch, with only a few taps unlocking a month of movies, a season of sports, or enough airline Wi-Fi to make a long flight feel shorter. That convenience, however, rests on a recurring contract that may continue after the vacation ends, change price while it remains in effect, and provide less control over content than the word “subscription” suggests.

Join partners Alexander Hastings, Amanda Robinson, and Jaclyn Whittaker, on Tuesday, June 16, 2026 at 12:00 pm ET for a webinar discussing key considerations for startups and established companies when contracting with the government.

Please join partner Marie Davy and of counsel Emily Lowe on Thursday, April 30, 2026 from 12:00 to 1:00 pm ET for a discussion on current issues and key contractual provisions in global distribution agreements. Topics will include territory and exclusivity, compliance, and intellectual property protection.

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.

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.

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 engagement platforms, digital activations, or, increasingly, AI-driven analytics. As a result, these agreements are starting to look much more like technology and data contracts.

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.

In an era defined by economic volatility, supply chain disruptions, rapid technological change, and geopolitical risk, outsourcing remains an attractive strategy for businesses seeking efficiency and scalability. At the same time, uncertainty has fundamentally changed what clients expect from their outsourcing agreements. Rigid, long-term contracts that assume stable market conditions are increasingly misaligned with business reality.

ISG’s latest index highlights a technology services and software market that is increasingly defined by cloud momentum and AI-driven investment shifts. While headline growth remains strong, the underlying dynamics point to a more selective and strategic buying environment as enterprises head into 2026.