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Barbara Murphy Melby

Tech & Sourcing @ Morgan Lewis

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

Is Your Force Majeure Clause Tariff-ic?

By A. Benjamin Klaber and Cooper J. Attig
// July 03, 2025
Contract Corner
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.
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Topics: Commercial Agreements, Contract Corner

LawFlash: Fashion Workers Act Signed Into Law by New York State

By Cooper J. Attig and A. Benjamin Klaber
// July 01, 2025
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.”
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Topics: Artificial Intelligence, Commercial Agreements

Navigating Evolving Cyber Regulations in the United States

By Evan H. Cernea and Eric J. Pennesi
// June 30, 2025
Cyber regulations are crucial for the protection of individuals and businesses and aid in risk minimization; failure to comply with these regulations can result in severe consequences such as financial penalties, legal action, reputational damage, and potential breach of sensitive or confidential information. Analysts have identified some key cyber regulations to watch in the coming months.
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Topics: Cybersecurity, Data, Outsourcing, Technology and Tech Transactions

Law and Orders: Aligning Standard Ordering Documents with Corresponding Template Agreements

By Eric J. Pennesi and Evan H. Cernea
// June 27, 2025
Contract Corner
Commercial contracts are typically represented by two separate, yet equally important, components: the master agreement that contains primarily legal terms, and the ordering documentation that contains primarily commercial terms.
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Topics: Commercial Transactions, Contract Corner, Service Agreements, Technology and Tech Transactions, Website and Online Presence Management

Upcoming Sports Industry Webinars: College Sports at a Crossroads Parts 1 & 2

By Evan H. Cernea and Eric J. Pennesi
// June 25, 2025
As we wrote on last week, the recent NCAA settlement has ushered in a new era for college athletics—one with unprecedented legal, financial, and operational consequences. Join Morgan Lewis partners, including technology transactions, outsourcing, and commercial contracts partner Don Shelkey, for a two-part webinar series that will examine the regulatory, business, and litigation risks forming the future of college sports.
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Topics: Licensing, Telecommunications, Media & Technology

LawFlash: Court Rulings Nullify IEEPA Tariffs but Import Duties Persist

By Evan H. Cernea and Eric J. Pennesi
// June 20, 2025
In a recent LawFlash, a team of Morgan Lewis lawyers discussed the US Court of International Trade and the US District Court for the District of Columbia’s ruling that invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of 1977, and the temporary, administrative stay granted by the US Court of Appeals for the Federal Circuit while it considers whether to stay the orders during the pendency of the government’s appeal of the ruling. These recent events demonstrate the continued uncertainty businesses and consumers face in light of this economic policy.
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Topics: Commercial Contracts, ML Seminars and CLEs, Outsourcing, Service Agreements, Sourcing

Long-Awaited Settlement Agreement Raises New Challenges for NIL Licensing Deals

By Evan H. Cernea and Eric J. Pennesi
// June 18, 2025
On June 6, 2025, the Northern District of California in House v. NCAA approved a landmark settlement deal allowing colleges and universities to pay their students directly for their participation in college athletics. The deal between the National Collegiate Athletic Association, its conferences, and lawyers representing NCAA Division I athletes marks another major shift in the NCAA’s policies around the amateurism of student athletes and in their performance compensation. The settlement deal is already raising legal questions in the world of collegiate athletics.
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Topics: Licensing, Telecommunications, Media & Technology

Upskill, Reskill, or Outsource? Different Approaches with Similar Goals for Companies

By Evan H. Cernea and Eric J. Pennesi
// June 12, 2025
Emerging technologies, including readily available, highly competent generative artificial intelligence (AI), have raised questions about the future of work. To adapt to these changes and stay ahead of future challenges, companies should evaluate their approach to workforce allocation and employee training, including upskilling, reskilling, and outsourcing.
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Topics: BPO, Emerging Trends, ITO, Outsourcing

NIST Releases Updated Incident Response Guidance Under Its Cybersecurity Framework

By Eric J. Pennesi and Evan H. Cernea
// June 06, 2025
During the Biden administration, there was a push to prioritize and modernize cybersecurity responses, and the National Institute of Standards and Technology (NIST) agreed to work with the technology industry to develop a new cybersecurity framework. Now, those promises have come to fruition as NIST has provided updated industry-leading guidance in the cybersecurity field.
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Topics: Cybersecurity, Data, Outsourcing, Technology and Tech Transactions

Tech & Sourcing Webinar on the Global Logistics Landscape

By Eric J. Pennesi and Evan H. Cernea
// June 03, 2025
Logistics issues in all phases of the supply chain have their own set of challenges at an international level.
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Topics: Commercial Transactions, Data, Emerging Trends, Service Agreements
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