Tech & Sourcing @ Morgan Lewis

Our Morgan Lewis colleagues recently wrote on the US administration’s new artificial intelligence action plan, specifically as the plan seeks to foster innovation and expedite the development of AI data centers and the necessary energy infrastructure required for such expansion.

In an era when data is everything, everywhere, all at once and computation has almost no limit, ensuring privacy while leveraging data analytics is paramount. The US Department of Commerce’s National Institute of Standards and Technology (NIST) recently published NIST Special Publication 800-226 (the Guidelines), a comprehensive guide for evaluating and achieving differential privacy, a cutting edge approach to protecting individual privacy when using and relying on large datasets.

A new Insight published by our Morgan Lewis colleagues highlights the complex legal landscape data centers face in the United States, particularly concerning cybersecurity, privacy, and national security. Cybersecurity preparedness and data privacy are now a critical focus for data centers. However, unlike Europe, the US lacks a comprehensive data privacy statute, requiring data centers to navigate a patchwork of federal, state, and industry-specific regulations.

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.

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.

Logistics issues in all phases of the supply chain have their own set of challenges at an international level.

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.

Data issues—collection, usage, optimization, commercialization, and protection—are at the forefront of more and more transactions in the sports industry.

In our latest blog post, we shared a few considerations for compliance in the context of complex outsourcing contracts. Continuing on this theme, we take a look into the matter of data protection compliance.

European regulators recently published clarifications on the scope of ICT services under the EU Digital Operational Resilience Act (DORA), prepared by the European Commission, which confirms previous guidance and enables financial entities to take out of scope certain services which form part of regulated financial services.