TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

The importance of cybersecurity in the autonomous vehicle setting is well known, but nuance and complexity will be on our LiDAR (a pulsed laser that measures ranges) where the rubber meets the road.

The Challenging, Shifting Landscape

Cybersecurity is one of the key issues of the digital age, typically in the context of security and privacy of confidential or personal data. Cybersecurity is particularly challenging and important for technologies such as self-driving cars, where the real world and the digital, connected world meet and where cyber breaches could result in danger to life and property.

Autonomous vehicles are still in their infancy. Significant uncertainty surrounds this rapidly evolving ecosystem. Standards and regulations are still in a state of flux, and the “rules of the game” are still unclear: how, and how long, will human drivers/operators continue to be involved (along with their proclivity for risky, unpredictable and gullible behavior)? At this relative stage of immaturity, market participants are developing their own divergent solutions that will eventually need to seamlessly integrate, increasing the potential for cyber vulnerabilities. However, the opportunity (for both innovators and society at large) is clear, as smart, interconnected vehicles and systems promise remarkable improvements in efficiency and safety. The race is on.

Please join us for the next installment of the Morgan Lewis Life Sciences Growth Webinar series, which will focus on university licensing. Topics to be discussed include:

  • Academia/industry perspective differences
  • Overarching academic policies and laws
  • Specific academic licensing terms
  • Post-licensing action items

This webinar will be hosted by Benjamin H. Pensak, a partner in our San Francisco office and Stephen L. Altieri, a partner in our Boston office. This event will take place on November 5, 2019, from 12:30 pm to 1:30 pm (ET). Registration and additional information for the event can be found here.

CLE credit: CLE credit in CA, FL, IL, NJ, NY, PA, TN, TX, and VA is currently pending approval for live viewings only. Credit in NJ is via reciprocity.

View past and upcoming presentations.

As mentioned in our recent blog post, the National Collegiate Athletic Association (NCAA) had been steadfast in its opposition to California’s recently enacted Senate Bill 206, known nationally as the “Fair Pay to Play Act,” which aims to allow collegiate student athletes to benefit financially from the use of their name and likeness and enter into licensing contracts.

On Tuesday, however, in a stunning reversal of course, the NCAA released a statement that their board of governors "voted unanimously to permit students participating in athletics the opportunity to benefit from the use of their name, image, and likeness in a manner consistent with the collegiate model." This concession by the NCAA has opened the door for student athletes to earn millions of dollars through license and endorsement deals.

The EU Commission issued its report on the third annual review of the functioning of the EU-US Privacy Shield (Privacy Shield) on October 23. The annual review and corresponding report is required of the Commission by the its July 2016 adequacy decision in which it found that the Privacy Shield ensures an adequate level of protection for personal data that has been transferred from the European Union (EU) to the United States. The goal of the review is to evaluate and publicly report on all aspects of the functioning of the Privacy Shield Framework.

Please join us for the next installment of the Morgan Lewis Automotive Hour Webinar series.

This webinar will be hosted by Rahul Kapoor, a partner in our Silicon Valley/San Francisco offices, Robert W. Dickey, a partner in our New York office, Daniel S. Savrin, a partner in our Boston office, and is the latest in a 10-part series covering a variety of topics related to clients in the automotive industry. This session will focus on the impact of automotive joint ventures and alliance issues on the automotive industry.

The Outsourcing Accountability Act of 2019, which was introduced in July and would effectively require some public companies to report their outsourcing of jobs, passed the US House of Peoples Representatives on October 18.

The bill includes an amendment to the Securities Exchange Act of 1934 to “require the disclosure of the total number of domestic and foreign employees of certain public companies.” Specifically, the amendment would require public companies that are subject to the new requirements to include in their annual reports the number of employees domiciled in the United States and abroad, broken down by jurisdiction (e.g. states, countries, etc.), and a comparison to the corresponding figures in the company’s prior annual report calculated as a percentage change. The companies’ annual reports would therefore indicate outsourcing efforts of the company through these reported figures.

A recent ruling by the Court of Justice of the European Union (CJEU) established that companies seeking to store “cookies” that are used to track online browsing behavior must obtain “active consent.” The ruling is likely to cause angst among companies, which often maintain websites that are not set up to obtain active consent, as well as with internet users who are increasingly frustrated by having to continually provide consent while visiting websites.

Morgan Lewis partners Ksenia Andreeva, Anastasia Dergacheva, Vasilisa Strizh, and Brian Zimbler and associate Anastasia Kiseleva contributed the chapter on Russia for the recently released Data Protection & Privacy 2020, the eighth edition of the Lexology Getting the Deal Through publication.

Lexology Getting The Deal Through provides international expert analysis in key areas of law, practice, and regulation for corporate counsel, cross-border legal practitioners, and company directors and officers. The publication addresses many of the most important data protection and data privacy laws in force or in preparation throughout the globe, with a discussion of the same key data protection and privacy questions with analysis from leading practitioners in each of the featured jurisdictions.

California has become the first state to allow collegiate student athletes to benefit financially from the use of their name and likeness and to enter into licensing contracts by recently passing Senate Bill 206, a bill known nationally as the “Fair Pay to Play Act.” But, we recommend holding off on preparing templates for student athlete license and promotional agreements for now; the legislation will undoubtedly face zealous resistance from the National Collegiate Athletic Association (NCAA) in the time before the law takes effect.

On September 30 the California Senate enacted Senate Bill 206, which would effectively end amateurism for NCAA athletes and therefore is a game changer for the NCAA, which currently prohibits college athletes from receiving compensation. The California law does not require colleges to pay athletes a wage, but it allows athletes to procure business and sponsorship deals.

As our loyal Tech & Sourcing readers know, we have been doing our best to keep you informed about the requirements of the California Consumer Privacy Act (CCPA) and what you can do to prepare as its January 1, 2020, effective date draws near. Continuing that vein, we invite you to an upcoming webinar wherein Morgan Lewis partners Reese Hirsch, Mark Krotoski, and Carla Oakley and associate Kristin Hadgis will provide an overview of the latest amendments to the CCPA, the state of the law and related regulations, and practical perspectives on CCPA compliance.

The Morgan Lewis team will discuss the following topics:

  • The new one-year exemption for employee data*
  • The new one-year exemption for B2B communications*
  • Other new amendments, including those related to the use of toll-free numbers and verifiable consumer requests*
  • Failed amendments and other issues to watch
  • Status of California attorney general regulations and a possible new ballot initiative
  • Other state laws influenced by the CCPA
  • Preparing for the January 1 effective date and 2020 enforcement date

We hope you will join us for the one-hour webinar on Tuesday, October 22 at 1:00 pm ET.

Register for the webinar now >

For a primer in advance of the webinar, catch up on our previous posts on the CCPA and recently proposed amendments, and check out the Morgan Lewis CCPA Resource Center for more.

*Indicates an amendment to the CCPA that has passed the California Legislature but, as of this writing, has not yet been signed into law by Governor Gavin Newsom.