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

With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon reviewing and updating the legal boilerplate on your organization’s website. Here is what we recommend for a basic three-part review to get you started:

  • Privacy Policy. Many clients updated their policy earlier this year to reflect changes required by CCPA. If you fall into this category, then ensuring that the proper version of your privacy policy is reflected on your website, typically in the footer, is a good idea. You would be surprised to know how many clients update their policy, but then fail to actually post the correct version publicly. If you did not recently review your privacy policy, it may be a good time to do so. In addition to seeking advice on changes recommended in light of CCPA, it is also good hygiene to pull the policy and give it a fresh read. Has your organization’s collection practices changed? Has your organization began using or disclosing data differently than it has in the past? A privacy policy only protects your organization to the extent that it is accurate and complete, so periodically spending an hour or so to ensure its accuracy is typically time well spent.

Companies developing digital therapeutics, clinical decision support apps, and other digital health technologies for use in the coronavirus (COVID-19) pandemic should be mindful of FDA’s quickly evolving policies and guidance affecting such technologies. In our recent LawFlash, FDA Regulation of COVID-19 Apps, Digital Therapeutics, and other Digital Health Technologies, we examine recent FDA developments and their implications for companies in the digital health space.

For example, FDA has issued several new guidance documents describing policies of enforcement discretion to help promote the development and availability of digital health technologies for COVID-19. FDA also has issued multiple Emergency Use Authorizations for new COVID-19-related digital health products, and has issued guidance intended to clarify when clinical decision support software is subject to FDA oversight. It is critical for companies seeking to develop digital health technologies for pandemic-related uses to determine whether and how their products may be regulated by FDA.

Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy, other proactive (but less publicized) contractual measures can facilitate early discovery and mitigation of potential nonperformance.

The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus (COVID-19) pandemic and related disruptions to compliance efforts, the California state attorney general issued a press release on June 2 stating, “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”

Additionally, on June 1, the attorney general took action to finalize the CCPA regulations by submitting the final text of the proposed regulations to the California Office of Administrative Law, requesting expedited review in an attempt to have the regulations adopted and enforceable by July 1.

In case you missed it, the Morgan Lewis COVID-19 Legal Issue Compendium provides an overview of our firm’s key publications covering the legal and regulatory landscape relating to the coronavirus (COVID-19) pandemic. It includes both business management and industry-specific issues challenging executives and in-house legal teams around the world. Links to our publications are embedded within the compendium.

As businesses across America begin to reopen in the wake of the coronavirus (COVID-19) pandemic, many will likely implement new social distancing and sanitization procedures. That got us thinking about how companies may choose to use touchless authorization technologies like facial recognition as the main form of entry into their facilities, rather than continuing to use tools such as keypads or fingerprint scanners that require many people to repeatedly touch the same surfaces daily.

The unprecedented conditions created by the coronavirus (COVID-19) pandemic and resulting government shutdown orders have placed significant roadblocks for the last step of documenting a contract or other legal document: authentication. The steps to overcome these roadblocks are highlighted two recent Morgan Lewis LawFlashes.

In COVID-19: How to Notarize Documents During a Pandemic, Jeannine Bishop and Kathleen Keyser describe both existing and recent emergency legislation that allows either temporary or permanent remote online notarization (RON) so that documents can be effectively notarized.

We hope to see you for our annual series—now in its 10th year—of tailored webinars focused on current technology issues, trends, and developments that are of key importance to our friends and clients.

This year, the coronavirus (COVID-19) pandemic provides unique challenges for the technology sector. We will address these issues across our full slate of programming, as well as in a dedicated COVID-19 track of events.

Select programs will include:

  • The Fourth Industrial Revolution: What Do Automation and Outsourcing in the 21st Century Mean for the Modern Workplace?
  • Successful Cyberincident Response in 2020
  • Contract Corner: The Year in Review (covering our Tech & Sourcing @ Morgan Lewis Contract Corner series)
  • Business Processes Outsourcing: Tricks and Tips from the Russian Law Perspective
  • IP Year in Review: Important Cases Decided in 2019
  • COVID-19 Exposes New Supply Chain Risks
  • Effect of COVID-19 on the Fintech Sector

See the full schedule of events >

Please join us for a discussion of how the coronavirus (COVID-19) pandemic will affect existing and future outsourcing contracts and relationships. Partners Barbara Melby, Michael Pillion, and Mike Pierides will discuss the following topics:

  • Excused events and associated provisions
  • Business continuity: then, now, and going forward
  • Remote working blessings and challenges
  • Scalability and change
  • Step in, termination, and renegotiation

We hope you’ll join us on Tuesday, April 28, at 12:00–1:00 pm ET, 9:00-10:00 am PT, and 5:00-6:00 pm BST.

Register for the webinar now >>

Morgan Lewis’s COVID-19 Task Force and Coronavirus COVID-19 resource page have been established to address the variety of legal issues impacting companies at this time.

On our resource page, you’ll find the latest analysis and updates addressing today’s crisis and tomorrow’s legal challenges.

The resource page contains sections for:

  • Webinars
  • Specific COVID-19 topics
  • Geographic regions
  • Different industries

Outsourcing and Managed Services Agreements LawFlash

Morgan Lewis’s Technology, Outsourcing, and Commercial Transactions Group has published a LawFlash which provides a high-level look at the effect of the disruption caused by COVID-19 on key outsourcing and managed service agreements.