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TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
In Part 1 of this series, we provided an overview of data (or knowledge) commons and some key issues to consider, but how does one actually create and manage a data commons? To find your feet in this budding field, build on the theoretical foundation; address the specific context (including perceived objectives and constraints); deal with the thorny issues (including control and change); establish a core set of principles and rules; and, perhaps most importantly, plan for and enable change.
You may have heard of the “tragedy of the commons,” where a resource is depleted through collective action, but knowledge is different from other resources—knowledge can be duplicated, aggregated, integrated, analyzed, stored, shared, and disseminated in countless ways.
Picking up where we left off last week, we continue our refresher on common issues to consider when entering into a transaction that will include royalties. Today’s entry focuses on timing and reporting considerations for the calculation and payment of royalties.
It's one of the most commonly utilized commercial structures in various technology and intellectual property licensing deals: the royalty. As everyone's go-to payment mechanism for licensing deals, you may think that the nuances of royalty calculation and payment are well-defined and understood universally.
Washington, DC partners Giovanna M Cinelli, Kenneth J. Nunnenkamp, and Stephen Paul Mahinka and Boston partner Carl A. Valenstein recently published a LawFlash on the recent action taken by the Committee on Foreign Investment in the United States (CFIUS) to implement a pilot program under the Foreign Investment Risk Review and Modernization Act (FIRRMA).
When in-house lawyers start thinking about how to support a business client that is looking to implement a new or replacement enterprise resource platform (or more commonly known as an ERP system), we often suggest that they first discuss these 10 framework issues to get a sense of the scale, complexity, and timing of the potential transaction.
In Part 1 of this Contract Corner on Software as a Service (SaaS) agreements, we discussed ownership and use issues in SaaS transactions where the application is provided and hosted as a dedicated instance with common base software (sometimes with customization or variation) but running as a separate instance in a dedicated environment.
Blog In the typical SaaS scenario, the SaaS vendor provides, maintains, and hosts (either itself or through a hosting SaaS vendor) the desired application layer, and grants the customer and its authorized users access to the application functionality via the internet. At a high level, there are two variations of this scenario.
Just when we finally figured out how to contract for “cloud” services and SaaS, here comes blockchain—the next disruptor for IT, businesses and, yes, us lawyers.
On Monday, March 5, Morgan Lewis partners Barbara Murphy Melby and Anastasia Dergacheva and associates Ksenia Andreeva and Valentina Semenikhina will present on the webinar “Spotlight Russia: A Briefing for Russian Companies on Key Contracting Issues in Software and IT Services Transactions,” where they will discuss key issues that companies in Russia should consider when contracting for software and technology services.