Tech & Sourcing @ Morgan Lewis

The European Parliament recently published a report (the Report) on the interplay between several key EU digital regulations to assess overlap and gaps and highlight the regulatory complexity that these different regimes have collectively imposed on businesses.

Morgan Lewis’s technology, outsourcing, and commercial contract team, along with Boston Consulting Group, recently hosted a roundtable dinner in London, during which senior stakeholders from technology suppliers and large businesses discussed how the rapid evolution of artificial intelligence (AI) is impacting offshoring and outsourcing.

The European Supervisory Authorities (ESAs) published on November 18, 2025 a list of 19 critical information and communications technology (ICT) third-party providers (CTPP) that will be subject to direct oversight under the EU Digital Operational Resilience Act (DORA). The list includes hyperscale cloud providers, data center providers, infrastructure and network providers, and providers of financial services-specific technology.

Open-source software (OSS), by its nature, is sometimes overlooked as part of technology transactions. OSS is often a key aspect of a business’s software ecosystem, whether it is used in internal systems or forms a fundamental part of solutions that are sold to customers or used to provide services to customers; however, OSS often sits in the background, as a foundation of a software solution, and can therefore go unconsidered by those not familiar with its uses, benefits, and risks.

In a recent LawFlash, a team of Morgan Lewis lawyers discussed President Donald Trump’s July 24, 2025 executive order titled Saving College Sports. This order, which follows recent significant changes to compensation rules and limitations in the collegiate sports landscape, introduces certain guardrails intended to maintain competition and parity within intercollegiate athletics.

Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure events, tariffs can significantly disrupt or alter markets, tariffs’ nature, duration, and potential impact differ markedly. Despite renewed attention, the force majeure clause may not be a tariff elixir.

In a recent LawFlash, a team of Morgan Lewis lawyers wrote on New York state’s enactment of the Fashion Workers Act, which took effect on June 19, 2025. The act mandates model management companies to register their businesses while imposing a range of duties on both these companies and their clients, including a fiduciary duty applicable to all aspects of “negotiations, contracts, financial management, and the protection of the models’ legal and financial rights.”

We are excited to welcome Mathilde Carle as a partner in Morgan Lewis’s Paris office and as a guest contributor to our Tech & Sourcing Spotlight series to discuss intellectual property (IP) protection and other related issues in agreements to design, build, license, host, and support digital solutions, including automation, AI, and software as a service (SaaS) products.