Please join us on February 26 for the next installment of the Morgan Lewis M&A Academy, where technology, outsourcing, and commercial transactions partners Mike Pierides and Anastasia Dergacheva, and intellectual property partner Ksenia Andreeva will discuss the intricacies of drafting data protection provisions in outsourcing and other services transactions.
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
Please join us on February 25 for the next installment of the Morgan Lewis M&A Academy, where technology, outsourcing, and commercial transactions partners Vito Petretti and David G. Glazer will discuss key considerations in structuring and negotiating transition services agreements in the context of M&A transactions.
Morgan Lewis has recently issued several LawFlashes on the 2019 Novel Coronavirus (COVID-19) outbreak, providing a number of resources for businesses across the globe dealing with various compliance challenges and unanswered questions. In this rapidly changing situation, for example, employers must carefully balance concerns related to employee and public safety with protecting employees from unnecessary medical inquiries, harassment, and discrimination.
To help guide companies through this multifaceted public health crisis, Morgan Lewis has launched Responding to the 2019 Novel Coronavirus to keep on top of developments as they unfold.
Are you about to sign a service agreement with a third-party service provider under which it will access and use technology of your company? Have you checked your applicable third-party contracts to see if you need any consents? The contracts under which your company uses technology every day, from the mundane to the critical, may contain hidden restrictions on the third party’s access and use for your benefit under the services contract.
There is an endless number of arrangements a customer could have with its third-party service providers, but this Contract Corner will discuss the case where the customer authorizes a service provider to access and use licensed software either while remaining at the customer site, or by moving it to the service provider’s site. More specifically, it explores just some of the issues and language in the customer’s license agreements with those third-party software providers to be checked during pre-signing due diligence.
Please join us on February 18 for the next installment of the Morgan Lewis M&A Academy, where technology, outsourcing, and commercial transactions partner Doneld G. Shelkey, litigation partner Ezra D. Church, and labor and employment partner Lee Harding will discuss key privacy and security issues in both corporate and commercial contexts. Topics will include:
- Regulated industries
- Impact on cross-border deals
- Security issues in M&A deals
- Privacy issues in M&A deals
The Morgan Lewis M&A Academy, a 24-part series of tailored webinars led by a diverse team of firm lawyers, provides a comprehensive M&A overview and is ideal for learning about the latest M&A issues and developments. It is geared not only toward M&A professionals but also toward specialists with particular areas of focus (e.g., benefits, intellectual property, tax), whether they deal with M&A issues regularly or occasionally.
We hope you’ll join us on Tuesday, February 18, 2020, from 12:30–1:30 pm ET.
The UK government has indicated that the UK’s approach to public procurement will fundamentally change post-Brexit. While it remains to be seen whether such a fundamental change will be possible in practice, the UK government’s pronouncements clearly suggest that change is on the way, which will most likely provide a less prescriptive framework for UK contracting authorities to follow.
These changes will almost certainly have a significant impact on how outsourcing and technology providers interact with the UK government, both in the context of their current agreements and also in respect of future contract bids and awards.
The laws that govern the UK’s public procurement regime are largely based on EU rules found in several EU directives and the Treaty on the Functioning of the European Union. Broadly speaking, these rules aim to open up public procurement to EU-wide competition. Public bodies must, for example, award public contracts without discrimination on grounds of nationality and advertise their contracts EU-wide via the Official Journal of the European Union ( OJEU).
The US Securities and Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) published a report on January 27 outlining various industry practices and approaches to managing and combating cybersecurity risks and maintaining operation resiliency. The OCIE observed these practices through conducting thousands of examinations, and hopes that organizations can use the report to enhance their own cybersecurity preparedness and operational resiliency.
Washington may be the next state to enact its own data privacy law after a bill was introduced into the Washington State Senate earlier this month. Known as the Washington Privacy Act, the bill’s sponsor, Sen. Reuven Carlyle, stated at a press conference that lawmakers had reached “95 percent agreement in principle on the core elements of the bill.” If enacted, the act would add to the complex regulatory framework governing data privacy, including the California Consumer Privacy Act (CCPA), which took effect on January 1, 2020.
The act would apply to legal entities conducting business or producing products targeted to Washington State residents and that (1) control or process personal data of more than 100,000 consumers or (2) derive 50% of gross revenue from the sale of personal data and process or control the personal data of more than 25,000 consumers.
The US–China trade deal signed on January 15 aims to strengthen intellectual property protection for US intellectual property holders.
The deal increases the scope of actors liable for trade secret misappropriation to include all natural persons, groups of persons, and legal persons. The deal also enumerates additional acts constituting trade secret misappropriation, such as electronic intrusions and a breach or inducement of a breach of duty not to disclose information that is secret or intended to be kept secret. To further strengthen the protection of trade secrets, the deal provides that “China shall prohibit the unauthorized disclosure of undisclosed information, trade secrets, or confidential business information by government personnel or third party experts or advisors in any criminal, civil, administrative, or regulatory proceedings conducted at either the central or sub-central levels of government in which such information is submitted.”
The terms “reseller” and “distributor” are often used interchangeably to describe entities that purchase goods or services from a manufacturer and then distribute or resell such goods or services to retailers and consumers. However, there are some key differences between a distributor and a reseller and important issues to consider in agreements with resellers and distributors.