Tech & Sourcing @ Morgan Lewis

The use of open-source software (OSS) is ubiquitous. Depending on what license governs the type of OSS a company uses and how it uses the OSS, OSS use impacts the valuation of the intellectual property (IP) used by a company or transferred in a merger or acquisition (M&A). Thus, OSS-related representations and warranties have become an integral part of the IP representations and warranties in M&A transactions and financings.

ChatGPT and subsequent artificial intelligence (AI) programs have been in the headlines recently. Not as common is the discussion of the cost associated with developing and operating such AI tools or if such AI is right for every job.

Please join us on Thursday, February 23, 2023, from 12:00 pm to 1:00 pm ET, as Morgan Lewis partners Barbara Murphy Melby and Mike Pierides and associate Charlotte Roxon provide insights into the issues and trends impacting technology and outsourcing in finance services.

With record sales topping $544 billion in 2022 and no sign of descent in sight, the public cloud and related services continue to soar to new heights.

The European Union’s General Data Protection Regulation (GDPR) requires companies to monitor and comply with some of the strictest privacy laws in effect. Now, the European Commission is refocusing efforts and oversight on ongoing investigations under the GDPR. Going forward, companies may want to focus even more intently on their compliance as the EU steps up investigatory procedures.

The decision to terminate an agreement cannot be taken lightly. In exercising the option, understanding the key terms of the agreement and necessary steps to effectuate the termination are critical. As we have previously highlighted in past Contract Corners, termination provisions may include a variety of mechanisms built into them and one cannot assume that all termination provisions require the same steps to be taken. When considering a termination, a party must take the time to assess the actual termination rights under the agreement, what, if any, notice period will apply, and whether the termination will result in any payment or other obligations.

Please join us on Tuesday, February 7, 2023 at 11:30 am to 12:30 pm ET as Morgan Lewis partners Richard Lee, Randy Wood, and Nancy Yamaguchi provide a summary of significant market trends in M&A in the technology sector.

Please join us on Wednesday, January 11, 2023, at 12:00 pm–1:00 pm ET, as Morgan Lewis partners Barbara Murphy Melby and Mike Pierides discuss outlook and major trends for the outsourcing and technology industries in 2023 and the economic and geopolitical challenges the new year brings for industry players.

The European Union (EU) Commission released its Draft Adequacy Decision for the EU-US Data Privacy Framework on December 13, which, in conjunction with President Biden’s executive order issued on October 7, will further facilitate trans-Atlantic data flows. The Draft Adequacy Decision mirrors the executive order, which established safeguards relating to the handling of personal information in the course of signals intelligence activities. If and when adopted, the adequacy decision will impact contractual requirements and processes by restoring data flows through a new Trans-Atlantic Data Privacy Framework.

Please join us on Wednesday, December 14, 2022, at 12:00 pm to 1:00 pm ET, as Morgan Lewis partner Doneld G. Shelkey and associates Charlotte Roxon and Jesse R. Taylor explain the metaverse and current projects and initiatives, including blockchain-related transactions, that are laying the foundation for this new virtual space.