Tech & Sourcing @ Morgan Lewis

As a follow-up to our previous post on contracting pointers for services incorporating the use of artificial intelligence (AI), we discuss below some of the key questions to ask vendors that may be using AI in the provision of their services.

For many companies with identifiable characters, preserving and extending their copyright protections is a top priority. As of January 1, 2024, several famous works have lost their copyright protection and entered into the public domain.

An indemnification provision serves as a contractual remedy to redress a party’s (or third party’s) financial loss suffered as a result of a claim, breach, or some other event or condition set forth in the provision. Indemnification serves as a risk allocation mechanism derived originally from insurance law. Each term—“indemnify,” “defend,” and “hold harmless”—has a distinct and important role in an indemnity clause, so it is important to understand the nuances and differences among the three terms.

The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual property investment. Li v. Liu, Written Civ. Rulings (Beijing Internet Ct. Nov. 27, 2023) (China).

Join partners Mike Pierides, from our London office, and Barbara Melby, from our Philadelphia office, at 12:00 pm ET on Wednesday, January 10, 2024 as they discuss the anticipated challenges, opportunities, and hot topics facing the global outsourcing industry in 2024.

It is no secret that usage of artificial intelligence (AI) technologies continues to expand at a rapid pace. In fact, Flexera’s 2023 Tech Spend Pulse, which is based on a survey of 506 information technology executives across the world, found that investments in AI technologies are surging to a 68% planned increase in use. That figure was the highest of all technologies in the survey.

The landscape of public procurement in the United Kingdom is primed for a significant shift in 2024 following the introduction of the Procurement Act 2023, which received Royal Assent earlier in 2023. The act, which comes into force in October 2024 and replaces the Public Contracts Regulations 2015 and Concessions Contracts Regulations 2016, is set to revolutionize how the UK government engages with suppliers, with a view toward ensuring a more transparent, competitive, and inclusive procurement process.

The European Council adopted the EU Data Act (the Act) on November 27, 2023, representing a major regulatory shift in cloud services and data processing. The Act’s objectives include ensuring fairness in the allocation of value from data among actors in the digital environment and making data more accessible to all in order to open opportunities for data-driven innovation.

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B Modernization Rule, which is detailed in a recent LawFlash, and how this might impact the technology sector. Shannon is the co-head of our global immigration and mobility practice and a leader on global immigration issues.

Morgan Lewis partners Christopher C. Archer, Anastasia Dergacheva, and J. Daniel Skees as well as associate Arjun Prasad Ramadevanahalli will discuss developments and trends in cybersecurity and digital transformation for the energy industry on Wednesday, November 29.