Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
The Federal Trade Commission (FTC) approved a Final Rule on April 23, 2024 banning almost all worker noncompetes. Questions abound regarding the authority of the FTC to create such a rule and the potential implications of its implementation. To help create some clarity, Morgan Lewis lawyers have prepared answers to frequently asked questions (FAQs) related to the Final Rule’s applicability and anticipated impact as well as what businesses can do to prepare.
Our Technology Marathon, now in its 14th year, is an annual series of webinars tailored to explore pivotal topics, trends, and developments in the technology sector. These webinars are designed to inform and benefit our clients and colleagues.
This blog is the finale to our Cracking AI and Outsourcing Conundrums series, a series in which we’ve discussed thought-provoking topics and set the stage for dynamic discussions with outsourcing customers and providers on the opportunities and risks of generative AI (GenAI) solutions in the outsourcing space. In this Part 4, we examine certain top-of-mind issues arising in connection with ownership and use rights when leveraging GenAI.
Please join us on Wednesday, May 8, 2024 from 12:00–1:00 pm ET as partners Rahul Kapoor and Ksenia Andreeva and associate Shokoh H. Yaghoubi discuss the benefits and challenges of open source software (OSS) and its connection with permissive and copyleft licenses, compatibility issues, and the intersection of OSS and AI.
Welcome to Part 3 of our Cracking AI and Outsourcing Conundrums series. In Part 1, we discussed at a high level the challenges of requiring outsourcing providers to drive innovation through the use of generative AI (GenAI) while at the same time complying with an outsourcing customer’s AI policies. In Part 2, we dove into the conundrum of balancing a company’s need for enhanced quality checks with the desire (by the company and the outsourcing provider) to drive productivity and realize savings.

In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS) platforms, which are hosted by the vendor and then accessed by the customer’s users remotely. This transition is not merely an infrastructure change, and may also involve significant modifications to business operations and legal agreements. Here are some key considerations for businesses planning to make this shift.

In Part 1 of our Cracking AI and Outsourcing Conundrums series, we discussed at a high level the challenges of requiring outsourcing providers to drive generative AI (GenAI) innovation while at the same time complying with companies’ AI policies. One of the challenges we identified was that many outsourcing agreements impose aggressive savings commitments, to be realized through the implementation of technology solutions that enable headcount or other cost reductions.
The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive Advertising Bureau (IAB) Europe. This framework is widely used across the industry to manage users' consent preferences for data processing, known as the Transparency and Consent String (TC String). In essence, the TCF is designed to facilitate the buying and selling of online advertising space by these operators. Here's a breakdown of the court's ruling and its potential implications.
Innovation: all companies want their outsourcing providers to be at the forefront, whether accomplished by proposing ideas, implementing solutions as part of their business-as-usual services, or offering savings based on productivity commitments or other demonstrable business impact. Some outsourcing providers may even use innovation as a key differentiator during the sales cycle, putting real dollars at risk if innovation projects don’t realize promised savings. And what innovation is more top of mind presently than the use of artificial intelligence?
The US Cybersecurity and Infrastructure Security Agency (CISA) has recently released draft rules that are set to reshape how critical infrastructure companies report cyberattacks to the US government. The rules are designed to improve the country's cybersecurity by making sure cyber incidents are reported quickly and thoroughly. This could help create a clearer understanding of cyber threats and may mitigate against future cyberattacks.