https://www.morganlewis.com/rss/blogsBlogs RSS Feed250https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/key-considerations-when-allowing-a-vendor-to-train-its-ai-models-on-customer-dataMost services agreements for vendor-provided technology services contain standard provisions allowing vendors to use customer data and data generated through the provision of services to improve and enhance service offerings. Vendors are increasingly seeking express rights to use such data to not only improve their services but also train their AI models. While these provisions seem to be a natural extension of traditional service-improvement rights, they can have significantly broader implications. Before agreeing to such language, organizations should carefully evaluate how customer data will be used, the extent of the rights being granted, and whether the potential benefits outweigh the risks.Fri, 12 Jun 2026 00:00:00 -0500d6ccec9d-2db5-4d26-92eb-d04c15531f01Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsUnited StatesTechnologyArtificial IntelligenceOUTTMTACCPLITKatrina Slack Vito Petrettihttps://www.morganlewis.com/blogs/healthlawscan/2026/06/cms-proposes-significant-limits-on-medicaid-state-directed-paymentsThe Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would significantly limit Medicaid managed care State Directed Payments (SDPs) and certain fee-for-service payments. These changes seek to implement, and go well beyond, the relevant directives under the Working Families Tax Cut legislation (also known as the One Big Beautiful Bill Act).Thu, 11 Jun 2026 00:00:00 -0500e1f08060-fe4c-464a-9a50-cb046ec08702FDA & HealthcareLitigation, Regulation & InvestigationsUnited StatesHealthcareHospitals, Health Systems & Academic Medical CentersFDALITGregory N. EtzelB. Scott McBrideTesch Leigh Westhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/technology-marathon-webinar-smart-devices-privacy-health-law-and-regulationJoin partners Michele Buenafe and Michael J. Madderra on Wednesday, June 17, 2026 at 12:00 pm ET for the Technology Marathon session Always On and Watching: Smart Devices and Their Intersection With Privacy, Health Law, and Regulation, which will explore smart devices as data collectors. As wearables and smart devices increasingly collect and process health-related information, they are playing a growing role in regulated health information and clinical decision-making.Thu, 11 Jun 2026 00:00:00 -05001641977d-ffe8-4ea5-a194-98c7850946c1Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyUnited StatesTechnologyHealthcareTMTACCPLITKatrina Slack Vito Petrettihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/upcoming-webinar-on-government-contracting-in-the-technology-industryJoin partners Alexander Hastings, Amanda Robinson, and Jaclyn Whittaker, on Tuesday, June 16, 2026 at 12:00 pm ET for a webinar discussing key considerations for startups and established companies when contracting with the government.Thu, 11 Jun 2026 00:00:00 -0500b8ecc3a6-4619-404f-af5f-285b1b15b190Government ContractsWhite Collar Litigation & Government InvestigationsFalse Claims Act & Qui Tam LitigationCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsIntellectual PropertyUnited StatesAerospace & DefenseTechnologyLITFDAACCPIPKatrina Slack Vito Petrettihttps://www.morganlewis.com/blogs/datacenterbytes/2026/06/patent-risk-is-moving-into-the-data-centerAs investment in data center infrastructure accelerates, intellectual property (IP) risk is becoming an increasingly important consideration for developers, operators, investors, and cloud providers. While data center projects are often viewed through the lenses of real estate, power, financing, and construction, patent holders are now focusing on the technologies deployed within these facilities and the ways in which they are integrated and operated.Wed, 10 Jun 2026 00:00:00 -05004dd0193b-3b90-479a-9de9-e70b56756954Intellectual PropertyIntellectual Property LitigationPatentUnited StatesData CentersTechnologyIPIPLITPATC. Erik HawesManita RawatJason E. Gettlemanhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/06/supreme-court-edition-contractor-immunity-federal-removal-preemptionWith the US Supreme Court’s 2025–2026 term nearing its conclusion, several recent decisions have already emerged as important developments for government contractors. Although arising in different contexts, three rulings this term address the boundaries of contractor liability and the circumstances under which contractors may invoke federal protections when facing litigation. The decisions underscore a common theme: contractors are most likely to receive legal protection when they can demonstrate a clear connection between the challenged conduct and specific government direction or authorization.Tue, 09 Jun 2026 00:00:00 -0500a000a0e9-13a5-4d0b-a13b-308dc978c99aGovernment ContractsGovernment Contractor ComplianceAppellateEnvironmental Counseling & LitigationLabor, Employment & BenefitsLitigation, Regulation & InvestigationsUnited StatesAerospace & DefenseDefense & Government ProcurementDefense Contractors Enforcement MattersLITLBRREEBLBRAlexander B. HastingsMoshe Kleinhttps://www.morganlewis.com/blogs/upandatom/2026/06/nrc-annual-enforcement-report-shows-slight-decline-in-escalated-enforcement-actionsThe NRC’s Office of Enforcement (OE) recently published its 2025 Enforcement Program Annual Report. During 2025, the NRC issued 71 escalated enforcement actions to licensees, nonlicensees, and individuals, which is a slight decrease from the 73 escalated enforcement actions in 2024, but slightly higher than the five-year average from 2021 to 2025.Mon, 08 Jun 2026 00:00:00 -0500cbf02c51-bf80-4aad-955e-6d34ae411c9aEnergy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyENECBTJane AccomandoRobert P. Goldfinhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/06/upcoming-govcon-webinar-for-tech-companiesAs the US government expands procurement of commercial products and services, technology companies, from startups to established firms, have growing opportunities to sell to and collaborate with federal agencies.Mon, 08 Jun 2026 00:00:00 -0500650f4442-2bac-45e0-913e-214b1130d075Government ContractsWhite Collar Litigation & Government InvestigationsFalse Claims Act & Qui Tam LitigationCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsIntellectual PropertyUnited StatesAerospace & DefenseTechnologyLITFDAACCPIPAlexander B. HastingsAmanda B. RobinsonJaclyn Unis Whittakerhttps://www.morganlewis.com/blogs/datacenterbytes/2026/06/what-nercs-emerging-large-load-guidance-means-for-data-center-developers-and-operatorsThe North American Electric Reliability Corporation’s new Reliability Guideline Risk Mitigation for Emerging Large Loads should be on the radar of data center developers and operators. The guideline is voluntary, and it does not directly impose mandatory compliance obligations on data centers. Nonetheless, the guideline is important because it reflects a shift in how NERC and the electric industry are thinking about large data centers.Mon, 08 Jun 2026 00:00:00 -050096e4838e-9065-48f0-be45-4a1d47d68e22Energy & InfrastructureUnited StatesEnergyElectric Power & TransmissionData CentersTechnologyENEStephen M. SpinaJ. Daniel SkeesArjun P. RamadevanahalliRobert P. Goldfinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/open-source-software-common-areas-of-inquiry-in-m-and-a-due-diligenceOpen-source software (OSS) is widely used throughout the software industry and can generally be incorporated into commercial products or used internally as development tools. OSS is made available under licenses permitting users to access, use, modify, and distribute publicly available source code subject to specific license terms. Some OSS license rights are more permissive than others.Fri, 05 Jun 2026 00:00:00 -05002380faee-33d8-4fdc-a0c0-f5c86aab9b81Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsMergers & AcquisitionsCorporate, Finance & Investment ManagementLitigation, Regulation & InvestigationsUnited StatesEuropeTechnologyTMTACCPLITOUTCBTMAKatrina Slack Vito Petrettihttps://www.morganlewis.com/blogs/powerandpipes/2026/06/what-nercs-emerging-large-load-guidance-means-for-electric-utilitiesThe North American Electric Reliability Corporation’s (NERC’s) new Reliability Guideline, Risk Mitigation for Emerging Large Loads, provides a detailed framework for addressing reliability risks associated with rapidly growing large loads, including data centers, cryptocurrency mining facilities, hydrogen production facilities, manufacturing facilities, and arc furnaces.Fri, 05 Jun 2026 00:00:00 -050021fa0db5-19ba-4f5f-a390-cce8f09f3662United StatesEnergyElectric Power & TransmissionStephen M. SpinaJ. Daniel SkeesArjun P. RamadevanahalliRobert P. Goldfinhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/06/navigating-employment-law-in-the-middle-east-termination-of-employment-in-the-adgmMorgan Lewis recently hosted the latest session in its Navigating Employment Law in the Middle East webinar series, focusing on the legal framework governing termination of employment in the Abu Dhabi Global Market (ADGM).Thu, 04 Jun 2026 00:00:00 -0500f97cbf55-38c2-4ff0-bd22-dba2e6385c30Labor, Employment & BenefitsGlobal Employment & ImmigrationIndividual Employee Litigation & ArbitrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/06/the-gcc-midday-sun-rule-what-employers-need-to-know-across-the-gulfAs temperatures across the Gulf sharply rise each summer, Gulf Cooperation Council (GCC) governments reintroduce the annual “midday sun” or “midday work ban” rules designed to protect outdoor workers from extreme heat exposure. In the United Arab Emirates (UAE), the annual midday break comes into force on 15 June and remains one of the region’s best-known seasonal labour protections.Thu, 04 Jun 2026 00:00:00 -0500cb603f92-a33c-4d43-807b-f98b008351c4Labor, Employment & BenefitsGlobal Employment & ImmigrationESG & Sustainability AdvisoryBusiness and Human Rights LawLitigation, Regulation & InvestigationsCorporate, Finance & Investment ManagementMiddle EastUnited Arab EmiratesSaudi ArabiaEBLBRIMMLITCBTRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/ai-and-outsourcing-series-digital-dependency-and-key-considerations-in-outsourcing-dealsAs artificial intelligence (AI) becomes increasingly embedded in outsourced services, companies are facing a new and growing challenge: digital dependency on their vendors. Modern outsourcing relationships are no longer limited to staffing support or standardized technology platforms.Wed, 03 Jun 2026 00:00:00 -0500d5a2392f-76ab-40e6-9946-6f93466fd0caCorporate, Finance & Investment ManagementCommercial ContractsTechnology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyTechnology TransactionsUnited StatesTechnologyArtificial IntelligenceCBTOUTIPMarina G. AronchikC. ("Kari") KrusmarkBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/mlbenebits/2026/06/designing-executive-loan-programs-in-the-context-of-incentive-equity-key-considerations-and-practicesExecutive loan programs have become a popular strategic response to complex executive compensation demands in a competitive talent market.Wed, 03 Jun 2026 00:00:00 -05001d92b3ab-53c8-4264-80d1-619a93ca2d02Labor, Employment & BenefitsExecutive CompensationUnited StatesEBLBRAustin S. LillingTimothy J. Durbin Gina L. Laurierohttps://www.morganlewis.com/blogs/asprescribed/2026/06/fda-publishes-draft-guidance-on-three-year-new-clinical-investigation-exclusivitySince 1984, FDA has had authority to recognize three years of regulatory exclusivity for certain qualifying new drug applications that conduct new clinical investigations essential for its approval. Despite no shortage of controversy, nuance, challenges, and litigation in the intervening decades on its application of these provisions, FDA’s public-facing interpretation of these provisions was limited to slim regulation, citizen petition responses, and court filings. After promising its publication for some time, FDA has issued the draft guidance New Clinical Investigation Exclusivity (3-Year Exclusivity) for Drug Products: Questions and Answers .Tue, 02 Jun 2026 00:00:00 -0500dc92ceae-08ca-4dc4-bc84-bc5fa16e4e93FDA & HealthcareUnited StatesLife SciencesPharmaceuticals & BiotechnologyFDAMaarika L. KimbrellSydney Menackhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/06/govcon-update-fy27-ndaa-fca-enforcement-transportation-fundingRecent developments in government contracting include the release of the House Armed Services Committee’s draft National Defense Authorization Act (NDAA) for Fiscal Year 2027, a new Department of Justice (DOJ) initiative aimed at accelerating review of certain False Claims Act (FCA) whistleblower cases, and the advancement of a major surface transportation reauthorization bill in the House of Representatives, highlighting continued congressional and executive branch focus on defense modernization, fraud enforcement, and major infrastructure investment.Tue, 02 Jun 2026 00:00:00 -0500b00bc735-9055-41cb-9cd8-78c8fb603eeaGovernment Contractor ComplianceGovernment ContractsGovernment SolutionsWhite Collar Litigation & Government InvestigationsInternational Trade & National SecurityFalse Claims Act & Qui Tam LitigationLitigation, Regulation & InvestigationsUnited StatesLBRRELITFDAAlexander B. HastingsMoshe Kleinhttps://www.morganlewis.com/blogs/datacenterbytes/2026/06/data-center-growth-is-reshaping-energy-strategy-and-infrastructure-planningAs AI adoption and hyperscale computing continue to drive significant data center growth, companies are facing increasing challenges related to power availability, infrastructure constraints, and long-term energy planning.Mon, 01 Jun 2026 00:00:00 -05009677fa91-f4f9-4a16-96bd-99aa7ddcdaccCorporate, Finance & Investment ManagementEnergy & InfrastructureTaxUnited StatesEnergyNuclear EnergyEnergy StorageTechnologyData CentersArtificial IntelligenceCBTENETAXBarbara Murphy MelbyJane AccomandoArjun P. RamadevanahalliPaul A. GordonM. Jared Sandershttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/06/fixed-price-contracting-is-becoming-the-default-contractors-should-prepare-nowThe White House’s recent executive order on federal contracting could significantly reshape how agencies structure procurements and allocate performance risk. Executive Order 14402, Promoting Efficiency, Accountability, and Performance in Federal Contracting , directs executive agencies to default to fixed-price contracts unless they can justify and obtain approval for another contract type.Mon, 01 Jun 2026 00:00:00 -0500d7b88f71-f438-4dd6-ba6b-21239f277c5eLitigation, Regulation & InvestigationsGovernment ContractsLabor, Employment & BenefitsGovernment Contractor ComplianceWhite Collar Litigation & Government InvestigationsGovernment SolutionsUnited StatesLITEBLBRLBRREAlexander B. HastingsMoshe Kleinhttps://www.morganlewis.com/blogs/upandatom/2026/06/material-changes-nrc-proposes-overhaul-of-byproduct-materials-regulationsAs part of its wholesale regulatory review pursuant to Executive Order 14300 and direction in Executive Order 14267 to reduce regulatory barriers that may limit competition or create unnecessary barriers to new market entrants, the NRC has identified requirements within its byproduct materials regulations that could be revised, deleted, or modified. On May 18, 2026, the NRC issued a proposed rule to amend these regulations.Mon, 01 Jun 2026 00:00:00 -0500c0a95d9a-c704-4b26-882d-61d22a284cafUnited StatesEnergyNuclear EnergyTimothy P. MatthewsBrooke Poole ClarkScott D. Clausenhttps://www.morganlewis.com/blogs/datacenterbytes/2026/06/singapores-latest-data-center-initiative-signals-continued-focus-on-digital-infrastructure-growthSingapore continues to position itself as a leading hub for digital infrastructure development in Asia while balancing demand for data center capacity with sustainability, land, and energy constraints.Mon, 01 Jun 2026 00:00:00 -050040d8070c-2c7a-474d-8f77-a111b890c8f5Corporate, Finance & Investment ManagementEnergy & InfrastructureAsiaSingaporeEnergyTechnologyData CentersCBTENEBarbara Murphy MelbyBernard LuiGeorge CyriacChrystle KuekWidya RianitaYujie Zhanghttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/05/ai-and-outsourcing-series-ai-changes-the-terms-rethinking-outsourcing-dealsIn the first post in our AI & Outsourcing series , we observed how artificial intelligence (AI) is transforming the outsourcing industry in ways that extend far beyond operational efficiency. This second post in the series discusses the need to rethink legal and commercial terms that govern outsourcing relationships, as companies increasingly incorporate AI-enabled tools and automation into outsourced services.Thu, 28 May 2026 00:00:00 -0500531fad29-0bf0-4a2d-9818-5ea0077ec28dCorporate, Finance & Investment ManagementTechnology Transactions, Outsourcing & Commercial ContractsCommercial ContractsIntellectual PropertyTechnology TransactionsUnited StatesTechnologyArtificial IntelligenceCBTOUTIPMarina G. AronchikC. ("Kari") KrusmarkBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/healthlawscan/2026/05/doj-forms-west-coast-strike-force-to-combat-health-care-fraudThe US Department of Justice (DOJ) has announced a significant expansion of its health care fraud enforcement efforts with the formation of the West Coast Health Care Fraud Strike Force. This initiative is spearheaded by the newly created National Fraud Enforcement Division of DOJ, established by President Trump via executive order in January 2026 and led by recently confirmed Assistant Attorney General (AG) for Fraud Colin McDonald.Thu, 28 May 2026 00:00:00 -05005d7cf9cd-09e0-452b-bd63-a14d52f178abLitigation, Regulation & InvestigationsFDA & HealthcareWhite Collar Litigation & Government InvestigationsUnited StatesHealthcareHospitals, Health Systems & Academic Medical CentersHospice & HomecareLong-Term & Post-Acute CareLITFDAHoward J. YoungSandra MoserRachel L. LamparelliSydney MenackJonathan P. Yorkhttps://www.morganlewis.com/blogs/datacenterbytes/2026/05/renewable-energy-continues-to-shape-sustainable-data-center-strategiesThe rapid expansion of AI infrastructure, cloud computing, and hyperscale data center development is increasing pressure on data center operators to secure reliable electricity while advancing sustainability objectives. Against this backdrop, renewable energy credits (RECs) have emerged as an advantageous instrument, among other renewable energy strategies.Thu, 28 May 2026 00:00:00 -050070917e73-c31c-4227-8210-70155f0452d4Corporate, Finance & Investment ManagementEnergy & InfrastructureESG & Sustainability AdvisoryCarbon EmissionsUnited StatesTechnologyData CentersEnergyCBTENEBarbara Murphy MelbyLevi McAllisterhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/05/govcon-update-quantum-funding-fixed-price-contracts-rule-of-twoRecent developments in government contracting include a major Department of Commerce initiative to fund domestic quantum computing capabilities, continued implementation of the administration’s fixed-price contracting directive, and legislative efforts to codify the small business “Rule of Two” into statute. Together, these developments reflect continued emphasis on industrial policy, procurement reform, and preservation of longstanding small business contracting requirements.Wed, 27 May 2026 00:00:00 -05001e1ce095-5dd7-45da-b2ca-1becd23b7f4dGovernment ContractsGovernment Contractor ComplianceWhite Collar Litigation & Government InvestigationsGovernment SolutionsLitigation, Regulation & InvestigationsLabor, Employment & BenefitsUnited StatesTechnologyElectronics & SemiconductorsLITLBRREEBLBRAlexander B. HastingsChristian Kozlowskihttps://www.morganlewis.com/blogs/datacenterbytes/2026/05/nuclear-power-projects-bring-new-focus-to-complex-partnershipsAs investment in nuclear energy continues to grow, driven in part by rising electricity demand from data centers, AI infrastructure, and other large-load users, project developers and investors are navigating increasingly sophisticated commercial and regulatory structures.Wed, 27 May 2026 00:00:00 -0500455d1066-e553-46ec-a763-b788a8f5db24Corporate, Finance & Investment ManagementEnergy & InfrastructureLitigation, Regulation & InvestigationsAdministrative Law & Federal AgenciesUnited StatesEnergyNuclear EnergyTechnologyArtificial IntelligenceData CentersCBTENELITBarbara Murphy MelbyJane AccomandoBrooke Poole ClarkFelipe Alicehttps://www.morganlewis.com/blogs/asprescribed/2026/05/recent-eu-and-uk-medical-devices-developments-eu-mdr-ivdr-eu-ai-act-uk-medical-devices-regimeThere have been a number of recent regulatory developments affecting medical devices and in vitro diagnostic devices in the EU, building on the European Commission’s proposal to simplify the medical devices regime published at the end of 2025, and in the UK. These developments include procedural requirements for notified bodies’ conformity assessment activities under the Medical Devices Regulation (MDR) and In Vitro Diagnostic Medical Devices Regulation (IVDR), political agreement on amendments to the EU Artificial Intelligence Act, and significant reforms to the UK medical devices regime.Wed, 27 May 2026 00:00:00 -0500e5ab9e2b-92ec-47df-b0a1-4fa9361b810fFDA & HealthcareLitigation, Regulation & InvestigationsEuropeUnited KingdomLife SciencesMedical DevicesFDALITJackie MulryneJasmeen Bahoushttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/05/technology-transactions-across-europe-the-middle-east-and-the-united-statesDigital transformation initiatives across Europe, the Middle East, and the United States are accelerating at a remarkable pace. As multinational companies expand cloud adoption, AI deployment, data-sharing ecosystems, and managed technology services across jurisdictions, technology transactions are increasingly becoming instruments of geopolitical strategy, regulatory compliance, and regional market access—not simply procurement exercises.Tue, 26 May 2026 00:00:00 -0500408dab18-2621-4265-8a68-ca2753e12675Technology Transactions, Outsourcing & Commercial ContractsTechnology TransactionsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyCorporate, Finance & Investment ManagementIntellectual PropertyLitigation, Regulation & InvestigationsEuropeMiddle EastUnited StatesTechnologyArtificial IntelligenceOUTIPTMTACCPLITCBTKsenia AndreevaAnastasia DergachevaMarie DavyBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/datacenterbytes/2026/05/the-new-ai-corridor-how-the-us-europe-and-middle-east-are-rewiring-the-future-of-digital-infrastructureGlobal power is shifting from oil and shipping to AI infrastructure—fiber, power, semiconductors, and data centers that will define sovereignty and influence.Tue, 26 May 2026 00:00:00 -0500db4d5c4e-c0d0-405a-9f97-ed1dc5461847Corporate, Finance & Investment ManagementReal EstateTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeAsiaMiddle EastTechnologyArtificial IntelligenceData CentersCBTSECOUTKsenia AndreevaDanièle DarmonAnastasia DergachevaDr. Florian HarderDr. Chloé LignierBarbara Murphy MelbyUlises R. Pinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/05/top-5-issues-customers-should-consider-in-saas-agreement-renewalsSoftware-as-a-service (SaaS) agreement renewals are often viewed as routine procurement exercises focused primarily on pricing and continued access to services. In practice, however, renewals present an important opportunity for customers to reassess legal, operational, and compliance risks that may have evolved since the agreement was originally negotiated.Fri, 22 May 2026 00:00:00 -0500179654d2-7979-4d94-a940-ee4f8eb53e56Corporate, Finance & Investment ManagementTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsLitigation, Regulation & InvestigationsCybersecurity, Incident Response & PrivacyUnited StatesEuropeTechnologyCBTTMTOUTLITACCPBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/05/uae-tightens-wage-protection-rules-with-new-wps-resolution-effective-june-2026The UAE Ministry of Human Resources and Emiratization has introduced a new Ministerial Resolution No. 340 of 2026, which significantly reforms the Wage Protection System (WPS) for private sector employers, effective June 1, 2026. The Resolution introduces a unified salary payment deadline requiring wages to be paid on the first day of each Gregorian month, and raises the WPS compliance threshold from 80% to 85%.Fri, 22 May 2026 00:00:00 -0500bbdbc356-a254-46a4-a9a8-04016cf21fecLabor, Employment & BenefitsMiddle EastUnited Arab EmiratesEBLBRRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/healthlawscan/2026/05/key-takeaways-from-the-boston-bar-associations-white-collar-crime-conferenceThe Boston Bar Association held its annual White Collar Crime Conference on May 7, 2026, featuring lawyers from the defense and plaintiffs’ bar and current and former prosecutors from the US Attorney’s Office for the District of Massachusetts (the Office) and the Office of the Massachusetts Attorney General.Thu, 21 May 2026 00:00:00 -05008d39acf8-61b0-4b10-8b37-4a4f84f70b70FDA & HealthcareLitigation, Regulation & InvestigationsUnited StatesLife SciencesPharmaceuticals & BiotechnologyHealthcareHospitals, Health Systems & Academic Medical CentersRetail & Specialty PharmaciesInsuranceHealth & Long-Term Care InsuranceFDALITJonathan P. YorkScott A. Memmotthttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/05/ai-and-outsourcing-series-how-ai-is-transforming-the-outsourcing-industryWelcome to the first blog in our AI and Outsourcing series, where we explore the disruptive and transformative impact of artificial intelligence (AI) on outsourcing and managed services transactions.Wed, 20 May 2026 00:00:00 -0500b3307c3a-6eae-4dc9-a569-29e5954af48aTechnology Transactions, Outsourcing & Commercial ContractsGlobal OutsourcingCybersecurity, Incident Response & PrivacyUnited StatesArtificial IntelligenceTechnologyOUTACCPLITMarina G. AronchikC. ("Kari") KrusmarkBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/welldone/2026/05/fda-expands-oversight-with-launch-of-post-market-chemical-assessment-programOn May 12, 2026, FDA launched a new post-market food additive review process, targeting ADA and BHT in a major oversight shift.Wed, 20 May 2026 00:00:00 -0500f9ba5037-69f3-4f7e-b6e9-c55b32248036Litigation, Regulation & InvestigationsFDA & HealthcareUnited StatesLITFDAKathleen M. SanzoAriel Z. SeeleyFranco A. Corradohttps://www.morganlewis.com/blogs/healthlawscan/2026/05/doj-unveils-focus-initiative-prioritizing-data-miner-fca-casesThe DOJ recently announced the Fraud Oversight through Careful Use of Statistics (FOCUS) initiative to address the growing number of False Claims Act (FCA) qui tam complaints filed by “data miners,” defined as individuals or organizations that use publicly available government data rather than traditional insider information to identify patterns that may indicate fraud.Tue, 19 May 2026 00:00:00 -05000dae3cf7-4ac9-4fdf-a6b3-5105452a0e12Litigation, Regulation & InvestigationsFDA & HealthcareUnited StatesHealthcareHospitals, Health Systems & Academic Medical CentersLITFDAB. Scott McBrideRachel L. LamparelliSydney MenackJonathan P. Yorkhttps://www.morganlewis.com/blogs/datacenterbytes/2026/05/activating-the-colo-model-what-really-matters-in-data-center-colocation-agreementsData center capacity has become one of the most sought-after resources in today’s digital economy. The rapid growth of cloud computing, artificial intelligence (AI), and data-intensive applications—particularly those driven by high-performance graphics processing units (GPUs)—has significantly increased demand for power, cooling, and physical infrastructure. As a result, a growing number of companies are turning to colocation arrangements as a faster and more cost-effective alternative to building and operating their own data centers.Mon, 18 May 2026 00:00:00 -0500dad7aeda-d131-4e46-8286-c90eec5024ddEnergy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyData CentersTechnologyENECBTMarina G. AronchikA. Benjamin KlaberBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/05/govcon-update-foci-rule-gao-oversight-fca-trade-enforcementRecent developments in government contracting include a proposed US Department of Defense rule expanding foreign ownership, control, or influence (FOCI) requirements, a Government Accountability Office report focused on procurement reform and oversight, and a major False Claims Act settlement tied to customs duty evasion.Mon, 18 May 2026 00:00:00 -050062b7c60b-135a-413a-ab52-5e9716dee25bLitigation, Regulation & InvestigationsGovernment ContractsFalse Claims Act & Qui Tam LitigationInternational Trade & National SecurityWhite Collar Litigation & Government InvestigationsUnited StatesLITFDAAlexander B. HastingsScott Whitmanhttps://www.morganlewis.com/blogs/upandatom/2026/05/doe-adds-thailand-to-part-810-generally-authorized-destination-listThe US Department of Energy (DOE) published a Secretarial Determination in the Federal Register on May 14, 2026 adding the Kingdom of Thailand to the list of Generally Authorized destinations in Appendix A to 10 CFR Part 810. In doing so, the administration eases regulatory burdens for US civil nuclear technology exports to an important economy in Southeast Asia.Fri, 15 May 2026 00:00:00 -0500a5360f73-fea1-4a4d-8aea-f26e73663a1bEnergy & InfrastructureUnited StatesEnergyNuclear EnergyENEAlex PolonskyChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/healthlawscan/2026/05/cms-imposes-six-month-nationwide-hospice-and-home-health-medicare-enrollment-moratorium-effective-may-13The Centers for Medicare & Medicaid Services (CMS) on May 13, 2026 announced a nationwide temporary moratorium on new Medicare enrollments for hospices and home health agencies, representing a significant escalation in the agency’s use of front-end program integrity tools. The moratorium applies across all states and is effective immediately, with an initial duration of six months and the potential for extension.Thu, 14 May 2026 00:00:00 -0500c97fc79b-7aaa-4b44-abde-cc190a806114FDA & HealthcareLitigation, Regulation & InvestigationsUnited StatesHealthcareHospice & HomecareLong-Term & Post-Acute CareFDALITHoward J. YoungRoshni EdalurRachel L. LamparelliJonathan P. Yorkhttps://www.morganlewis.com/blogs/datacenterbytes/2026/05/nerc-alert-signals-growing-reliability-focus-on-data-centersThe North American Electric Reliability Corporation (NERC) has issued a Level 3 Alert calling for immediate attention from NERC registered entities regarding the reliability risks associated with large computational loads, including data centers, artificial intelligence training facilities, cryptocurrency mining operations, and similar facilities.Wed, 13 May 2026 00:00:00 -050029e260f4-d6aa-46b1-bee2-5787409fcb80Energy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyTechnologyArtificial IntelligenceElectric Power & TransmissionENECBTStephen M. SpinaJ. Daniel SkeesArjun P. RamadevanahalliRobert P. Goldfinhttps://www.morganlewis.com/blogs/asprescribed/2026/05/adverse-events-centralized-what-the-launch-of-fdas-new-adverse-event-monitoring-system-means-for-companiesFDA announced on March 11, 2026 the launch of the Adverse Event Monitoring System (AEMS) , a modernized database designed to centralize and streamline the analysis and publication of adverse event reports for all FDA-regulated products. This new platform, with enhanced analytics and real-time data capabilities, marks a significant shift in how adverse event data is shared by FDA and accessed and used by industry and the public.Tue, 12 May 2026 00:00:00 -0500d983da39-b3e1-48cf-9c65-7782397d5ef9Litigation, Regulation & InvestigationsFDA & HealthcareUnited StatesLife SciencesMedical DevicesPharmaceuticals & BiotechnologyLITFDADennis C. GucciardoMaarika L. KimbrellAriel Z. Seeleyhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/05/govcon-update-buy-american-cybersecurity-enforcement-sba-certificationsRecent developments in government contracting highlight increased scrutiny of domestic sourcing and country-of-origin certifications, anticipated enforcement of cybersecurity requirements, and Small Business Administration activity focused on small business program compliance. These developments reflect continued alignment of procurement and enforcement priorities with supply chain security, data protection, and program integrity, directly impacting contractors across the federal marketplace.Tue, 12 May 2026 00:00:00 -0500b7a8f4b2-dcd8-47e6-9fc0-947f6d870292White Collar Litigation & Government InvestigationsCybersecurity, Incident Response & PrivacyGovernment ContractsGovernment Contractor ComplianceLitigation, Regulation & InvestigationsLabor, Employment & BenefitsUnited StatesAerospace & DefenseDefense & Government ProcurementDefense Contractors Enforcement MattersLITACCPLBRREEBLBRAlexander B. HastingsDaniel Funarohttps://www.morganlewis.com/blogs/powerandpipes/2026/05/nerc-alert-moves-data-centers-from-emerging-risks-to-planning-obligationsThe North American Electric Reliability Corporation (NERC) has issued a Level 3 Alert, the highest possible severity level and one that is rarely used by NERC, requiring the immediate attention of many NERC registered entities. While the Alert is not itself a new Reliability Standard, it directs certain registered entities to assess and report on proposed changes to modeling, studies, protection, and communications practices for large computational loads.Tue, 12 May 2026 00:00:00 -0500cd45d2f5-b180-437f-a2f5-bee3041234f0Energy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyElectric Power & TransmissionENECBTStephen M. SpinaJ. Daniel SkeesArjun P. RamadevanahalliRobert P. Goldfinhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/05/govcon-update-procurement-eo-solicitation-cancellation-grant-conditions-far-overhaulRecent developments in government contracting include a new executive order focused on procurement discipline, two federal court decisions addressing agency discretion and grant conditions, and additional updates under the ongoing FAR Overhaul initiative. Together, these developments signal continued emphasis on cost control, performance accountability, and policy-driven procurement, with practical implications for contractors across the federal marketplace.Tue, 05 May 2026 00:00:00 -0500e588ab03-3f89-4146-80e9-1eddac79a194Litigation, Regulation & InvestigationsGovernment ContractsLabor, Employment & BenefitsOrganizational Culture: Change & ComplianceGovernment SolutionsGovernment Contractor ComplianceUnited StatesLITEBLBRWTRLBRREAlexander B. HastingsMoshe Kleinhttps://www.morganlewis.com/blogs/upandatom/2026/05/nrc-eases-foreign-ownership-restrictions-opening-us-nuclear-sector-to-investmentThe NRC is codifying a sea change to its regulations regarding foreign ownership, control, or domination (FOCD) of utilization or production facilities. On April 26, 2026, the NRC issued a direct final rule and a companion proposed rule to relax its FOCD restriction by exempting countries that are members of the Organisation for Economic Co-operation and Development (OECD) and the Republic of India.Fri, 01 May 2026 00:00:00 -050009b3780c-020a-4a5f-b9a4-ab128f616b1fCorporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENETimothy P. MatthewsBrooke Poole ClarkScott D. Clausenhttps://www.morganlewis.com/blogs/upandatom/2026/05/nrc-reorganization-aligns-staff-to-changes-in-commissions-strategic-directionThe NRC has released an overview of its most significant agency reorganization since 1987. The effort is “designed to streamline decision-making, consolidate functions, and enhance alignment with national priorities for the safe and efficient deployment of innovative nuclear technologies.”Fri, 01 May 2026 00:00:00 -050029c33521-68e9-4575-a839-42eb8e15a521Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENEBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/gov-con-update-cofc-decision-far-deviation-dpa-actions-commercial-acquisitionsRecent developments in government contracting include a notable US Court of Federal Claims decision involving US Agency for International Development (USAID) contract terminations, a significant Federal Acquisition Regulation (FAR) deviation implementing Executive Order 14398, new Defense Production Act (DPA) actions by the administration, and an Office of Management and Budget (OMB) memorandum aimed at increasing the use of commercial products and services in federal procurement.Thu, 30 Apr 2026 00:00:00 -050091cd6e0e-97bb-4221-8a59-d3594ef15c11Litigation, Regulation & InvestigationsGovernment ContractsGovernment SolutionsAdministrative Law & Federal AgenciesGlobal Supply Chain Risk ManagementWhite Collar Litigation & Government InvestigationsUnited StatesAerospace & DefenseEnergyDefense & Government ProcurementDefense Contractors Enforcement MattersLITSECAlexander B. HastingsMoshe Kleinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/the-rise-of-morals-clauses-as-sponsors-focus-on-brand-protection-careful-drafting-is-keyWhile morals clauses have long been common in athlete endorsement agreements, their importance to sponsorship agreements between teams and sponsors is mounting as brands seek greater protection against reputational harm tied to their association with a team. In the team sponsorship context, however, the analysis will differ.Tue, 28 Apr 2026 00:00:00 -0500cbad7c21-1d94-4b0b-83b1-1c57fe6f142fCorporate, Finance & Investment ManagementCommercial ContractsTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesSportsSports Media, Sponsors & RetailersSports Investors, Financing Sources & OwnershipWomen's SportsProfessional Sports Leagues, Teams & PlayersSports Governing Bodies & Major EventsCBTOUT Jesse R. TaylorKatherine B. O'Keefehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/upcoming-tech-and-sourcing-webinar-on-distribution-agreementsPlease join partner Marie Davy and of counsel Emily Lowe on Thursday, April 30, 2026 from 12:00 to 1:00 pm ET for a discussion on current issues and key contractual provisions in global distribution agreements. Topics will include territory and exclusivity, compliance, and intellectual property protection.Tue, 28 Apr 2026 00:00:00 -050036117a18-8ae2-44b0-98b0-ee1772f18277Technology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyCorporate, Finance & Investment ManagementUnited StatesTechnologyOUTIPCBTKatherine B. O'Keefe Jesse R. Taylorhttps://www.morganlewis.com/blogs/asprescribed/2026/04/fdas-warning-letter-suggests-growing-scrutiny-of-ai-overrelianceA recently issued Food and Drug Administration (FDA) Warning Letter citing a drug manufacturer for improper use of artificial intelligence (AI) suggests FDA’s scrutiny of AI is expanding. Although not the first FDA Warning Letter related to AI, prior Warning Letters focused on issues surrounding the regulatory status of the AI systems themselves, namely whether a given AI system was a medical device subject to FDA oversight.Fri, 24 Apr 2026 00:00:00 -05001ccb5e31-3e56-452e-a316-90073c52481cLitigation, Regulation & InvestigationsFDA & HealthcareUnited StatesLife SciencesMedical DevicesTechnologyArtificial IntelligenceLITFDAMichele L. BuenafeAriel Z. Seeleyhttps://www.morganlewis.com/blogs/datacenterbytes/2026/04/german-government-strengthens-digital-infrastructure-with-adoption-of-national-data-center-strategyGermany has taken a significant step toward strengthening its digital infrastructure with the adoption of a National Data Center Strategy aimed at expanding capacity, supporting artificial intelligence development, and addressing sustainability concerns.Fri, 24 Apr 2026 00:00:00 -0500c14bb832-bd9e-49ea-8814-9471e96b510bEuropeGermanyTechnologyData CentersBarbara Murphy MelbyDr. Florian HarderDr. Chloé Lignierhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/government-contractor-ma-the-diligence-issues-most-likely-to-affect-valueWhile M&A involving government contractors continues to attract strategic buyers and sponsors, with these deals comes a different level of diligence than a typical commercial transaction. The reason is straightforward: when a company does business with the government, contract performance, compliance, and enforcement risk are often closely linked. In addition to creating operational friction, a diligence issue may affect valuation or future eligibility for work or expose the buyer to inherited liability.Thu, 23 Apr 2026 00:00:00 -05001ef2ad6d-d5b7-4eb7-9cab-4d6638835037Government ContractsFalse Claims Act & Qui Tam LitigationMergers & AcquisitionsCybersecurity, Incident Response & PrivacyUnited StatesLITFDACBTMAACCPAlexander B. HastingsJustin D. Weitzhttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/cmmc-in-effect-cybersecurity-compliance-measuresThe US Department of Defense (DOD) has implemented the Cybersecurity Maturity Model Certification (CMMC) program as of November 2025. The final rule implementing CMMC established new cybersecurity requirements for federal contractors and subcontractors and, resultingly, heightened the risks of noncompliance, including potential False Claims Act (FCA) risks.Wed, 22 Apr 2026 00:00:00 -05005eb1ba2e-2048-4105-9679-d938fd85b8bfGovernment ContractsCybersecurity, Incident Response & PrivacyEnergyLITACCPAlexander B. HastingsDaniel Funarohttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/govcon-update-ai-clause-fy-2027-budget-signals-and-cas-threshold-reformsRecent developments across procurement policy, federal budgeting, and cost accounting standards signal meaningful shifts for government contractors. A newly proposed acquisition clause from the General Services Administration (GSA) would introduce government-unique requirements for artificial intelligence (AI). The White House’s FY 2027 budget request underscores a continued prioritization of defense spending. And the Cost Accounting Standards (CAS) Board has proposed long-anticipated reforms that could narrow CAS applicability.Wed, 22 Apr 2026 00:00:00 -0500312b260b-469e-4bd4-b046-487ccbb7334cGovernment ContractsLitigation, Regulation & InvestigationsUnited StatesArtificial IntelligenceTechnologyLITAlexander B. HastingsClinton Smallhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/the-growing-ip-and-commercial-complexity-of-the-sports-industryWorld Intellectual Property Day on April 26, 2026 provides a timely lens through which to examine the increasingly complex role that intellectual property (IP) and commercial rights play across the sports industry. Far beyond traditional questions of trademark, copyright, patent, and design protection, the modern sports ecosystem is shaped by layered rights and contractual structures governing athlete branding, sponsorships, media distribution, data, venue technology, and emerging artificial intelligence (AI)-driven uses.Tue, 21 Apr 2026 00:00:00 -05004f135a82-a55b-4fb7-b379-26c24e48b7f6Corporate, Finance & Investment ManagementCommercial ContractsIntellectual PropertyTechnology TransactionsTechnology Transactions, Outsourcing & Commercial ContractsTrademark, Copyright, Advertising Litigation & Brand ManagementUnited StatesSportsSports Investors, Financing Sources & OwnershipSports Media, Sponsors & RetailersWomen's SportsProfessional Sports Leagues, Teams & PlayersSports Governing Bodies & Major EventsCBTOUTIPTRCUCTS Jesse R. TaylorKatherine B. O'Keefehttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/the-white-houses-latest-fraud-initiative-points-to-more-audits-data-sharing-and-enforcement-activityThe March 16, 2026 executive order establishing the new interagency Task Force to Eliminate Fraud signals a more coordinated, enforcement-focused approach to fraud risks in federally funded benefit programs. The initiative emphasizes front-end eligibility and identity verification, expanded data sharing across federal and state systems, and increased reliance on civil enforcement tools, including the False Claims Act (FCA). With accelerated implementation timelines and broad agency participation, the order points to heightened scrutiny for contractors, grantees, and other entities involved in administering or receiving federal funds.Tue, 21 Apr 2026 00:00:00 -0500ea5f76e5-523f-4604-b2c4-c487a582385cGovernment ContractsFalse Claims Act & Qui Tam LitigationWhistleblowing & RetaliationTax-Exempt OrganizationsUnited StatesLITFDALBRTAXAmanda B. RobinsonAlexander B. HastingsScott WhitmanJustin D. Weitzhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/as-global-events-shape-stadium-sponsorship-temporary-obscuring-emerges-as-a-key-naming-rights-issueWhile stadium naming rights agreements have traditionally focused on the core commercial points one would expect—category exclusivity, signage rights, use of trademarks, media integration, hospitality benefits—as more stadiums host global events such as the FIFA World Cup and the Olympics, temporary obscuring signage language has become an increasingly important consideration in naming rights negotiations.Mon, 20 Apr 2026 00:00:00 -050073e63c6e-93a3-4758-962f-1b6d7e76e923Commercial ContractsTechnology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyUnited StatesSportsSports Governing Bodies & Major EventsOUTIP Jesse R. TaylorKatherine B. O'Keefehttps://www.morganlewis.com/blogs/governmentcontractorguidebook/2026/04/executive-order-targeting-dei-practices-will-expand-fca-risk-for-federal-contractorsA recent executive order targeting diversity, equity, and inclusion (DEI) practices in federal contracting signals a significant escalation in enforcement risk, particularly under the False Claims Act (FCA). The order introduces a broad definition of prohibited conduct, mandates new contract clauses with short implementation timelines, and directs more aggressive use of whistleblower-driven enforcement. These changes point to heightened scrutiny of contractor policies, subcontractor oversight, and internal compliance systems.Mon, 20 Apr 2026 00:00:00 -050035ad89a6-a5b3-4d23-9e8f-51003b5274f2Government ContractsFalse Claims Act & Qui Tam LitigationOrganizational Culture: Change & ComplianceUnited StatesLITFDAWTRLisa C. DykstraSharon Perley MaslingAlexander B. HastingsE. Pierce BlueJonathan WiltMargaret M. McDowellScott Whitmanhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/new-executive-order-signals-heightened-federal-oversight-of-nil-and-college-sportsThe White House’s April 3, 2026 executive order, Urgent National Action to Save College Sports , signals a sharp expansion of federal involvement in college sports by moving beyond broad policy statements and toward an enforcement-focused framework tied to federal funding.Wed, 15 Apr 2026 00:00:00 -0500d389e7b0-0f89-48ce-9cec-326063a965bfCorporate, Finance & Investment ManagementCommercial ContractsIntellectual PropertyTechnology TransactionsTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesSportsUS College SportsCBTOUTIP Jesse R. TaylorKatherine B. O'Keefehttps://www.morganlewis.com/blogs/upandatom/2026/04/nrc-moves-to-again-sunset-aircraft-impact-assessment-ruleThe NRC recently reissued a final rule to insert a conditional sunset date into the aircraft impact assessment (AIA) requirements of 10 CFR § 50.150 in response to Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy . The NRC took this action after withdrawing the AIA portion of its earlier direct final sunsetting rule in response to significant public input (on which we previously wrote ). This final rule addresses the significant adverse comments and reflects the NRC’s decision to proceed with sunsetting the AIA requirements on a conditional basis.Fri, 10 Apr 2026 00:00:00 -050002b0cee7-17c8-41c9-92c6-e5db5c1e9a54Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyNuclear EnergyCBTENERyan K. LightyBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/mlbenebits/2026/04/roth-catch-up-rules-finalized-what-multiemployer-plans-need-to-knowThe US Department of the Treasury and the Internal Revenue Service have finalized regulations under the SECURE 2.0 Act that change how certain retirement plan participants may make catch-up contributions. Beginning in 2026, participants whose income meets certain thresholds and who are eligible to make catch-up contributions may, in many cases, only be permitted to do so on a Roth (after-tax) basis.Wed, 08 Apr 2026 00:00:00 -0500c631b37c-e8e9-4101-a051-bd39b58102d0Labor, Employment & BenefitsMultiemployer PlansRetirement Plan Design & AdministrationUnited StatesEBLBREBMEPLindsay M. GoodmanTyler J. Dixonhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/study-finds-average-cost-of-data-breaches-decreased-globally-in-2025In our May 2025 blog post, Study Finds Average Cost of Data Breaches Significantly Increased Globally in 2024 , we highlighted the key findings of the Ponemon Institute’s Cost of a Data Breach Report 2024. The Ponemon Institute has now published its Cost of a Data Breach Report 2025, showing a decrease in data breach costs, driven by faster identification and containment. Each year, the report sets forth a vast dataset analyzing data breaches at hundreds of organizations to spot trends and developments in security risks and best practices.Wed, 08 Apr 2026 00:00:00 -05008971e397-6cb5-4b1e-9b48-ec7022a46555Corporate, Finance & Investment ManagementTechnology Transactions, Outsourcing & Commercial ContractsLitigation, Regulation & InvestigationsCybersecurity, Incident Response & PrivacyCommercial ContractsIntellectual PropertyTechnology TransactionsUnited StatesTechnologyArtificial IntelligenceCBTOUTLITACCPIP Jesse R. TaylorKatherine B. O'Keefehttps://www.morganlewis.com/blogs/upandatom/2026/04/continuing-its-reform-push-nrc-approves-significant-revisions-to-reactor-oversight-processThe NRC recently approved the most substantial revisions to the Reactor Oversight Process (ROP) since its April 1, 2000 implementation . In SRM-SECY-26-0014 , the Commission approved revisions to the ROP’s baseline inspection program and the inspection finding screening process applicable to the current fleet of large, light-water power reactors. In SRM-SECY-26-0015 , the Commission approved revisions to the security baseline inspection program, including the force-on-force inspection program. The revisions reflect an approximately 38% reduction in safety inspection resources and 50% reduction in security inspection resources.Tue, 07 Apr 2026 00:00:00 -050026a8d10c-36cb-417c-aef0-a434525fb792Corporate, Finance & Investment ManagementEnergy & InfrastructureUnited StatesEnergyCBTENEBrooke Poole ClarkTimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/upcoming-tech-and-sourcing-webinar-on-digital-healthJoin partner Ben Klaber and of counsels Ariel Seeley and Eric Pennesi on Thursday, April 9, 2026 from 12:00 to 1:00 pm ET for a discussion on innovations and trends in digital health. Topics will include artificial intelligence and connected devices, as well as data governance and regulatory developments.Tue, 07 Apr 2026 00:00:00 -0500797b6930-61ec-4d17-8980-b6d014171eacLitigation, Regulation & InvestigationsData Analytics & GovernanceCorporate, Finance & Investment ManagementTechnology Transactions, Outsourcing & Commercial ContractsHealthcareTechnologyDigital HealthArtificial IntelligenceLITEDATACBTOUTKatherine B. O'Keefe Jesse R. Taylorhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/from-assistant-to-actor-what-the-rise-of-agentic-ai-means-for-your-businessWe are currently witnessing a fundamental shift in the role that AI plays in enterprise operations, transitioning from a system that responds when prompted to one that plans, decides, and acts on its own. This shift has a name: agentic AI. And for business leaders and counsel advising on technology strategy, it deserves serious attention right now.Thu, 02 Apr 2026 00:00:00 -0500f79c007d-0416-4c5b-bb7a-087f814092bdTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementLitigation, Regulation & InvestigationsUnited StatesArtificial IntelligenceTechnologyTMTACCPLITOUTCBTDoneld G. Shelkeyhttps://www.morganlewis.com/blogs/healthlawscan/2026/04/major-government-updates-from-ahla-medicare-and-medicaid-conferenceFrom March 18–20, 2026, the American Health Law Association (AHLA) hosted its annual Institute on Medicare and Medicaid Payment Issues conference in Baltimore, Maryland, focused on the full range of risks and opportunities relating to participation in federal health care payment programs. The schedule provided a formal blueprint for addressing updates in Medicare Parts A & B, Medicaid program changes, supplemental payments, cost reporting, appeals, fraud and abuse, compliance obligations, and health equity requirements. Partners Scott McBride and Greg Etzel made presentations on the underpinnings of overpayments and on Medicare cost reporting and appeals, respectively.Thu, 02 Apr 2026 00:00:00 -0500a6cf5039-4efc-45ba-8603-ba81eb3f0168United StatesHealthcareTesch Leigh WestGregory N. EtzelB. Scott McBridehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/04/negotiating-ai-provisions-in-commercial-and-technology-contracts-where-the-market-is-headingTwo years ago, many technology agreements addressed artificial intelligence (AI), if at all, through a generic disclaimer or a brief acknowledgment that AI features might be included in the offering. Today, that approach is inadequate. The integration of AI into commercial products, outsourcing arrangements, and enterprise software agreements has forced a rethinking of longstanding contract frameworks.Thu, 02 Apr 2026 00:00:00 -050071231356-69b1-41d8-8efc-0909b17a5eccCorporate, Finance & Investment ManagementCommercial ContractsLitigation, Regulation & InvestigationsData Analytics & GovernanceIntellectual PropertyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyArtificial IntelligenceCBTOUTLITEDATAIPDoneld G. Shelkeyhttps://www.morganlewis.com/blogs/upandatom/2026/03/nrc-continues-environmental-review-reform-with-expanded-use-of-categorical-exclusionsThe Nuclear Regulatory Commission (NRC) recently issued a final rule, effective April 29, 2026, amending its regulations governing categorical exclusions for certain actions. As defined by the National Environmental Policy Act (NEPA), a categorical exclusion is a category of actions that a federal agency has determined normally does not significantly affect the quality of the human environment. The NRC’s categorical exclusions are implemented as part of its NEPA regulations (see 10 CFR §§ 51.14; 51.22).Tue, 31 Mar 2026 00:00:00 -0500201c3759-99f3-4e07-86e2-d65336362e58Energy & InfrastructureCorporate, Finance & Investment ManagementUnited StatesEnergyENECBTBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/03/employment-disputes-and-arbitration-in-the-adgm-what-the-modus-operations-ruling-tells-usA recent decision of the Abu Dhabi Global Market Court of First Instance provides useful guidance on how employment disputes may be treated when an employment contract contains an arbitration clause. In Mathonnet v Modus Operations LLC and Ayotte v Modus Operations LLC [2025] ADGMCFI 0005, the Court of First Instance confirmed that employment claims can in principle be referred to arbitration, even where the ADGM courts would otherwise have jurisdiction over the dispute.Fri, 27 Mar 2026 00:00:00 -0500ba29cb15-77e3-495d-b833-0a67cea2f03dLabor, Employment & BenefitsMiddle EastUnited Arab EmiratesEBLBRRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/03/managing-employees-in-the-middle-east-during-the-current-crisisThe ongoing geopolitical events in the Middle East are creating significant operational and workforce challenges for employers across the region. While the legal framework in jurisdictions such as the UAE, KSA, and other GCC countries has not fundamentally changed in response to the current crisis, the application of existing employment laws in a crisis context raises a number of important considerations.Fri, 27 Mar 2026 00:00:00 -050089dee6f3-6c64-452a-9d1f-69492e5643f0Labor, Employment & BenefitsLitigation, Regulation & InvestigationsCrisis ManagementMiddle EastEBLBRLITRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/03/saudi-arabia-cloud-compliance-part-1-data-residency-and-contractual-expectationsSaudi Arabia’s cloud and data protection framework is substantive, cross-sectoral, and still maturing, creating a dynamic environment for technology companies entering the region. The threshold challenge is not merely identifying the applicable rules but truly understanding how multiple overlapping frameworks interact and where regulatory gaps require considered judgment in the absence of published guidance.Fri, 27 Mar 2026 00:00:00 -050001de3e87-f0bf-4ccc-90d3-ad875cafd5e5Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementMiddle EastSaudi ArabiaTechnologyOUTCBTDoneld G. ShelkeyAlena Neskoromyukhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/03/sports-sponsorships-are-now-data-deals-whether-the-contract-says-so-or-notSports sponsorship agreements were once relatively straightforward: brand visibility in exchange for fees. This is no longer the case. Today, most meaningful sponsorships involve significant data components, whether fan engagement platforms, digital activations, or, increasingly, AI-driven analytics. As a result, these agreements are starting to look much more like technology and data contracts.Wed, 25 Mar 2026 00:00:00 -050053b2ac0d-5cbb-4ba9-bd37-bf33275023c1Technology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyCorporate, Finance & Investment ManagementTechnology TransactionsUnited StatesTechnologySportsSports Media, Sponsors & RetailersArtificial IntelligenceOUTIPCBTDoneld G. Shelkeyhttps://www.morganlewis.com/blogs/asprescribed/2026/03/fda-grants-first-voucher-under-restored-pediatric-disease-programFDA recently announced the issuance of the first voucher awarded under its restored Rare Pediatric Disease (RPD) Priority Review Voucher Program for a drug that was approved after the program’s previous sunset. The Consolidated Appropriations Act, signed into law on February 3, 2026, reintroduced voucher availability for RPD-designated drugs and created a safety net for designations made when vouchers were not immediately available.Thu, 19 Mar 2026 00:00:00 -050079b36a2b-1f8b-434e-9519-d9c45df97f6dFDA & HealthcareLitigation, Regulation & InvestigationsUnited StatesLife SciencesFDALITMaarika L. KimbrellOwen G. Hosseinzadehhttps://www.morganlewis.com/blogs/mlbenebits/2026/03/irs-postpones-effective-date-of-certain-rmd-regulationsIn Announcement 2026-7 , the Internal Revenue Service (IRS) further delayed the application of certain required minimum distribution (RMD) proposed regulations until January 1, 2027, at the earliest. The delayed proposed regulations addressed certain changes to the RMD rules made by the SECURE 2.0 Act of 2022 (SECURE 2.0).Thu, 19 Mar 2026 00:00:00 -0500a57691f0-7fd3-4ca8-8b89-2697aca4884bLabor, Employment & BenefitsRetirement Plan Design & AdministrationUnited StatesEBLBRClaire E. BouffardGaeun Yoohttps://www.morganlewis.com/blogs/asprescribed/2026/03/the-impact-of-the-eu-pharma-package-on-the-ukAs readers will be aware, at the end of 2025, the EU institutions agreed the text of the EU Pharma Package: the wholesale change to the pharmaceutical regime in the EU that has been debated for many years. The changes introduce wide ranging amendments that impact rewards and exclusivities, supply chain set up, and procedures for generics and biosimilars.Fri, 06 Mar 2026 00:00:00 -0600c36f56f3-ccb5-4e79-a25d-d433dd9f8e17Intellectual PropertyEuropeUnited KingdomHealthcarePharmaceuticals & BiotechnologyLife SciencesIPJackie Mulrynehttps://www.morganlewis.com/blogs/upandatom/2026/03/nrc-proposes-regulatory-framework-for-fusionThe NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide regulatory certainty at a pivotal commercialization phase for fusion, reducing ambiguity and regulatory burdens for capital providers and developers. The proposed rule implements the Commission’s 2023 decision to select the byproduct material pathway instead of utilizing facility or hybrid approaches.Wed, 04 Mar 2026 00:00:00 -0600c957c60f-bfac-4eca-bcc2-495c94e4fd50Energy & InfrastructureUnited StatesEnergyENERyan K. LightyBrooke Poole ClarkPatrick R. Pennellahttps://www.morganlewis.com/blogs/datacenterbytes/2026/02/charting-a-path-to-us-export-controls-compliance-when-building-out-global-data-centersAmong the many considerations for building, operating, and monetizing data centers, a vital aspect is whether the data center owners and customers will be able to export to—and use within—a non-US data center competitive hardware and software, namely the advanced semiconductors used in training and running large-language models.Fri, 27 Feb 2026 00:00:00 -06002d6abc0c-dc97-4d37-a2f0-26f99a02d3f7International Trade & National SecurityUnited StatesArtificial IntelligenceData CentersTechnologyMichael H. Hunekehttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/02/uae-alternative-savings-scheme-open-consultation-by-the-ministry-of-human-resources-and-emiratizationThe UAE Ministry of Human Resources and Emiratization (MHRE) has invited the public to provide their opinions and suggestions regarding the Alternative Savings Scheme (Savings Scheme). The public consultation aims at refining the existing framework. Comments can be provided until February 28, 2026 via https://sharik.ae/en .Fri, 27 Feb 2026 00:00:00 -060078989186-4343-4ba8-a15b-08285d7ba0efLabor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa MerodDubaihttps://www.morganlewis.com/blogs/mlbenebits/2026/02/where-to-start-with-trump-accountsThe One Big Beautiful Bill Act created “Trump accounts” under Section 530A of the Internal Revenue Code. While many questions remain unanswered, Trump accounts essentially operate as retirement saving accounts for children, somewhat mirroring traditional individual retirement accounts (IRAs) but are subject to distribution restrictions before the beneficiary reaches age 18. The statute enables employers to contribute up to $2,500 annually per employee to the Trump accounts of their employee’s dependents. Employers can begin making contributions on July 4, 2026.Fri, 27 Feb 2026 00:00:00 -0600a065d331-f2aa-4208-894e-206221ed2b19Labor, Employment & BenefitsBenefits & Payroll TaxERISA/Employee Benefits LitigationTaxGovernment SolutionsUnited StatesEBLBRERISATAXLITSteven P. Johnsonhttps://www.morganlewis.com/blogs/healthlawscan/2026/02/favorable-oig-advisory-opinion-underscores-ongoing-scrutiny-of-ancillary-service-referralsThe US Department of Health and Human Services Office of Inspector General (OIG) recently issued Advisory Opinion No. 26-02, concluding that a proposed arrangement under which an urgent care management entity would operate an affiliated clinical laboratory would not generate prohibited remuneration under the federal Anti-Kickback Statute.Thu, 26 Feb 2026 00:00:00 -06005737d0e4-dabe-41bb-aaef-9d5241b451fdFDA & HealthcareUnited StatesHealthcareFDAB. Scott McBrideAlbert W. ShayJeanna Palmer GunvilleSydney Menackhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/building-exit-rights-and-portability-into-ai-dealsWith the pace of new product releases and market buzz, artificial intelligence (AI) has crossed a line in many organizations from an experimental tool to an embedded business function. Companies are increasingly relying on third-party AI offerings to support core processes, streamline operations, automate customer support, and perform other back-office and customer-facing tasks.Wed, 25 Feb 2026 00:00:00 -060091280cc4-52c8-4968-a6f0-4423c43c35ccTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeAsiaMiddle EastTechnologyArtificial IntelligenceData CentersDigital HealthHealthcareFintech & Digital AssetsOUTJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/join-us-for-our-fifth-annual-artificial-intelligence-boot-campPlease join us for our fifth annual Artificial Intelligence (AI) Boot Camp. Throughout the series, Morgan Lewis lawyers will explore the latest in AI developments, insights, usage, and integration, as they may impact companies of all sizes and across industries. Discussions will examine key challenges and opportunities presented by AI from a business and legal perspective.Tue, 24 Feb 2026 00:00:00 -060091332c1f-575e-4c02-85b0-7fb2092f3d19Technology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeAsiaMiddle EastArtificial IntelligenceTechnologyData CentersHealthcareDigital HealthFintech & Digital AssetsRetail & EcommerceSportsOUTJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/upandatom/2026/02/nrc-investigations-are-on-the-riseThe NRC’s Office of Investigations recently published its Annual Report for Fiscal Year (FY) 2025, summarizing its activities from October 1, 2024 through September 30, 2025. In FY 2025, OI opened 90 cases, a 9% increase from FY 2024. But OI also increased the number of case closures, closing 98 cases in FY 2025––a 20% increase from FY 2024. While investigations into alleged discrimination (i.e., alleged retaliation against nuclear whistleblowers) increased, the number of such investigations remained well below prepandemic levels. Further, an overall trend of increasing investigations of materials licensees continued into 2025.Tue, 24 Feb 2026 00:00:00 -06004a1a992c-0fbb-4f34-a27d-08dce63d201fEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/mlbenebits/2026/02/strengthening-fiduciary-hygiene-navigating-dol-scrutiny-and-new-litigation-risks-for-health-and-welfare-plansFor decades, fiduciary litigation under the Employee Retirement Income Security Act of 1974 (ERISA) was largely concentrated on 401(k) and pension plans. That era has ended. In recent years, we have seen class-action lawsuits targeting health and welfare plans. Plaintiffs’ firms have begun applying the excessive fee playbook to health plans, alleging that plan sponsors have failed to monitor pharmacy benefit manager pricing, allowed excessive broker commissions, and ignored opaque indirect compensation structures.Tue, 24 Feb 2026 00:00:00 -0600d97263ae-c1f7-428b-bb39-c290e58311f7Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationUnited StatesEBLBRSaghi Fattahianhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/get-ahead-of-the-game-upcoming-tech-and-sourcing-webinar-on-sports-and-sponsorshipGet ahead of the game by joining partner Don Shelkey and associates Charlotte Cavendish and Jesse Taylor on March 4, 2026, from 12:00 pm to 1:00 pm ET, for a discussion on emerging trends in sports business transactions. From artificial intelligence–driven fan engagement to innovative sponsorship models shaping the future of sports transactions, the Morgan Lewis team will explore the trends, opportunities, and challenges shaping these transactions.Fri, 20 Feb 2026 00:00:00 -06004bf1fb6a-9e6a-4813-8bf3-c4c245f68813Commercial ContractsCorporate, Finance & Investment ManagementGlobal OutsourcingTechnology TransactionsUnited StatesEuropeAsiaMiddle EastArtificial IntelligenceDigital HealthFintech & Digital AssetsRetail & EcommerceSportsTechnologyOUTCBTIPJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/contracting-for-resilience-and-optionality-part-2-a-90-day-action-plan-and-contract-checklistIn Part 1 of this Contract Corner, we discussed the renewed focus on resilience in outsourcing agreements for 2026 and how resilience is increasingly becoming a design requirement, not just an untested BCP. In Part 2 we look at how geopolitical pressures can quickly become delivery constraints and how many organizations are leveraging global capability centers as an anchor for critical knowledge and continuity, and provide a practical 90-day action plan and high-level contract checklist that deal teams can leverage during strategy planning.Thu, 19 Feb 2026 00:00:00 -060047dd2b98-fa00-4239-80ad-519e2bc7fa80Technology Transactions, Outsourcing & Commercial ContractsGlobal OutsourcingGlobal Capability CentersTechnologyOUTChristopher C. ArcherJonathan D. Traubhttps://www.morganlewis.com/blogs/asprescribed/2026/02/uk-pmcpa-refreshes-social-media-guidance-what-in-house-teams-should-knowThe UK Prescription Medicines Code of Practice Authority (PMCPA) has published revised social media guidance in a new dedicated section of its website , reflecting recent case precedent and the realities of an evolving digital landscape.Thu, 19 Feb 2026 00:00:00 -06004de7d8b0-978b-4454-8a99-b786a992727aFDA & HealthcareEuropeUnited StatesLife SciencesFDAJackie MulryneJasmeen Bahoushttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/02/2026-uae-public-holidays-and-employee-entitlementsWhether you are scheduling work projects, planning leave for your workforce, or simply looking forward to a long weekend, public holidays play an important role for employers in the United Arab Emirates (UAE). Back in April 2024, the UAE issued a Cabinet Decision (Cabinet Decision No. 27/2024 on Official Holidays in the State), which came into force on January 1, 2025 and sets out the applicable public holidays in the UAE.Fri, 13 Feb 2026 00:00:00 -0600dc8d3051-c4ce-4050-b520-29e3feb8b365Labor, Employment & BenefitsMiddle EastEBLBRRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/contracting-for-resilience-and-optionality-part-1Outsourcing strategies in 2026 are being shaped by persistent disruption. Geopolitical uncertainty, major service outages, talent disruption, and post COVID-19 consolidation initiatives are driving a renewed focus on resilience in outsourcing operations and contracts.Fri, 13 Feb 2026 00:00:00 -0600c9caaebc-bcaa-4cd0-982d-c306edc7def1Technology Transactions, Outsourcing & Commercial ContractsGlobal OutsourcingOUTJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/healthlawscan/2026/02/virtual-direct-supervision-allowed-for-incident-to-medicare-billing-and-other-telehealth-updatesThe Centers for Medicare & Medicaid Services (CMS) allows the use of real-time, two-way audio/video communications technology to satisfy the direct supervision requirement for most Medicare Part B services. This development, stemming from flexibilities first introduced during the COVID-19 public health emergency, is now permanent. Additionally, the Consolidated Appropriations Act, 2026 extended and permanently implemented certain Medicare telehealth flexibilities.Thu, 12 Feb 2026 00:00:00 -060045ae2b83-5751-49d1-adef-0f3a3c050f3bFDA & HealthcareUnited StatesHealthcareFDATesch Leigh WestGregory N. Etzelhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/02/ramadan-in-the-arab-gulf-cooperation-countries-what-employers-need-to-knowRamadan is anticipated to start on February 19, 2026, subject to the sighting of the new crescent moon. It is the ninth month in the Islamic lunar calendar and a period of fasting, worship, and spiritual development.Wed, 11 Feb 2026 00:00:00 -0600720b79a0-2d83-4972-8e61-a2632924628aLabor, Employment & BenefitsMiddle EastEBLBRRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/stitching-in-sponsorship-ncaa-opens-the-door-for-commercial-patchesThe NCAA has ushered in a major shift in college sports commercial sponsorship: a shift that has the potential to reshape sponsorship strategies at every Division I school. Starting August 1, 2026, teams at Division I schools will be permitted to display commercial patches on uniforms, apparel, and equipment, subject to certain size and number restrictions.Wed, 11 Feb 2026 00:00:00 -0600cd1fecb4-158e-428d-9754-9017adf0152fTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyRetail & EcommerceSportsUS College SportsOUTJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/powerandpipes/2026/01/out-of-charge-key-issues-to-successfully-monetize-public-ev-charging-in-2026In the last 10 years, annual electric vehicle (EV) sales in the US have increased by nearly 1,100%. While approximately 115,000 new EVs were sold in US markets in 2015, calendar year 2025 sales were substantially larger—nearly 1.3 million new EVs were sold in US markets. Despite strong sales numbers, the state of the EV industry in the US at the conclusion of 2025 could best be described as one of confusion. As sales numbers increased year over year, changes in various federal policy initiatives signaled potential trouble ahead for the EV market. 2025 concluded with a shifting tide in public perception about the state of the US EV market as some media narratives forecast a crash of the industry.Tue, 10 Feb 2026 00:00:00 -06003d6633f2-9f50-474f-9878-b34c0fd14934Energy & InfrastructureUnited StatesEnergyElectric & Zero-Emissions VehiclesENELevi McAllisterhttps://www.morganlewis.com/blogs/healthlawscan/2026/02/medicare-advantage-agent-and-broker-agreements-2025-in-review2025 was an important year for Medicare Advantage (MA) plans that pay state-licensed agents and brokers to market their plans and engage in lead generation, subject to complex federal regulations. As we previously discussed on Health Law Scan , improper broker arrangements were identified as a 2025 focus area by the whistleblower bar and the US Department of Justice (DOJ), particularly the US Attorney’s Office for the District of Massachusetts.Fri, 06 Feb 2026 00:00:00 -0600b6fc83e6-53c1-4fdc-8dea-98f25d7dd279United StatesHealthcareTesch Leigh WestScott A. Memmotthttps://www.morganlewis.com/blogs/asprescribed/2026/02/new-year-new-guidance-fda-revisits-wellness-and-cds-boundariesThe FDA released updates to two guidance documents on January 6: General Wellness: Policy for Low Risk Devices (General Wellness) and Clinical Decision Support Software (CDS). FDA did not issue a traditional press release; instead, FDA Commissioner Makary took to social media to announce the updates in a video, in which he touted them as “promot[ing] more innovation with AI and medical devices” and that FDA has “a clear lane for medical grade products,” but needs “to adapt with the times and be proactive with guidance.” Consistent with the Commissioner’s messaging, the updates to the General Wellness guidance expand the types of products that qualify for enforcement discretion (i.e., do not need to comply with FDA’s device requirements). The updates to the CDS guidance, however, do not appear to significantly modify FDA’s interpretation of the CDS exemption. Nonetheless, these updated guidance documents signal FDA leadership’s willingness to ease regulatory burdens for digital health and wearables.Fri, 06 Feb 2026 00:00:00 -06006ff0f45e-e54d-48f1-beff-2faf8131a0ceFDA & HealthcareWhite Collar Litigation & Government InvestigationsLife SciencesFDALITMichele L. BuenafeAriel Z. SeeleySydney Menackhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/02/adgm-courts-judgment-serves-as-a-warning-regarding-proper-use-of-aiThe Abu Dhabi Global Market (ADGM) Court has issued a detailed costs judgment that doubles as a practical guide for lawyers on the responsible use of artificial intelligence (AI) in litigation.Thu, 05 Feb 2026 00:00:00 -060038f5e0de-3515-45b1-90c8-2d2d1404afffLabor, Employment & BenefitsLitigation, Regulation & InvestigationsMiddle EastArtificial IntelligenceEBLBRLITRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/contract-corner-fast-fixes-for-streamlining-your-contractsLegal departments and contract teams are now often under pressure to move faster, provide value, and streamline processes all while contracts increase in length and complexity to address changes in technology (e.g., artificial intelligence) and laws (e.g., various privacy and regulatory requirements). The good news is that meaningful contract streamlining does not require a full rewrite or oversimplification of existing templates. Small, targeted changes can improve speed to contract, clarity of the agreement, and usability for both the legal/contract team and business team stakeholders.Wed, 04 Feb 2026 00:00:00 -0600a9bc8e49-f279-4597-926e-5182a45e5d60Technology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeTechnologyHealthcareDigital HealthArtificial IntelligenceRetail & EcommerceOUTJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/02/saudi-arabia-tightens-controls-on-job-titles-for-expatriates-what-employers-need-to-knowSaudi Arabia has recently introduced changes to the way certain job titles are allocated to expatriate workers, prompting some questions from employers. The changes, implemented through the Ministry of Human Resources and Social Development’s Qiwa platform, form part of the Kingdom’s ongoing labour market reforms and Saudization strategy. While initial reports suggested a sweeping restriction on expatriates holding senior commercial roles—particularly the title of general manager—subsequent clarification from Qiwa confirms that the position remains open to non-Saudis, subject to specific regulatory conditions.Tue, 03 Feb 2026 00:00:00 -060074909746-3059-4275-b74d-715ae3b8efaeLabor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastSaudi ArabiaEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/02/upcoming-webinar-its-still-all-about-aiPlease join us on Thursday, February 5, 2026, from 12:00–1:00 pm ET as Morgan Lewis partners Don Shelkey and Heather Egan explore how artificial intelligence (AI) is transforming how business operate, innovate, and deliver value. The Tech & Sourcing team will dive into legal, commercial, and other strategic issues shaping AI adoption with topics ranging from contracting to compliance.Mon, 02 Feb 2026 00:00:00 -0600a663260e-5fb8-4aeb-bdae-ca823711612fTechnology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyUnited StatesEuropeAsiaMiddle EastTechnologyHealthcareDigital HealthFintech & Digital AssetsData CentersRetail & EcommerceSportsArtificial IntelligenceOUTTMTACCPLITJonathan D. TraubChristopher C. Archerhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/01/navigating-employment-law-in-the-middle-east-adgm-edition-part-2-key-takeawaysOur latest Navigating Employment Law in the Middle East webinar turned the spotlight back on the Abu Dhabi Global Market (ADGM) and the essential legal obligations employers need to understand when operating there.Fri, 30 Jan 2026 00:00:00 -0600df137bd1-3e35-411d-96c6-d5e1385b8a60Labor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/datacenterbytes/2026/01/2026-us-data-centers-and-energy-key-trends-shaping-power-demandS&P Global Market Intelligence recently released its 2026 US Datacenter and Energy Report, which summarizes the forces that may shape data center and power generation development in the coming year.Thu, 29 Jan 2026 00:00:00 -0600d9be7495-0028-44ef-8453-24c6df40f2d3Energy & InfrastructureUnited StatesTechnologyData CentersEnergyENEBarbara Murphy MelbyChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/datacenterbytes/2026/01/japanese-government-publication-has-important-implications-for-tmk-ownership-of-data-center-fit-outOur prior blog post discussed an issue faced by investors who use the tokutei mokuteki kaisha (TMK) as the vehicle to own a data center in Japan. The primary issue the post explored was whether a TMK is required to entrust movable assets (including the data center fit-out) with a Japanese trustee.Thu, 29 Jan 2026 00:00:00 -06005447e2f1-f0f7-41ab-95a0-3169760723cbAsiaJapanData CentersTechnologyJerry FujiiNaoki Ueyama https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/7-tips-for-drafting-outsourcing-agreements-for-flexibility-in-an-uncertain-marketIn an era defined by economic volatility, supply chain disruptions, rapid technological change, and geopolitical risk, outsourcing remains an attractive strategy for businesses seeking efficiency and scalability. At the same time, uncertainty has fundamentally changed what clients expect from their outsourcing agreements. Rigid, long-term contracts that assume stable market conditions are increasingly misaligned with business reality.Wed, 28 Jan 2026 00:00:00 -06003d31f56e-40cf-4752-8367-aaca5f567b96Technology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyOUTBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/asprescribed/2026/01/key-takeaways-from-the-2026-jp-morgan-healthcare-conferenceThe Morgan Lewis cross-functional and cross-jurisdiction life sciences and healthcare teams were represented in San Francisco for the 44th Annual J.P. Morgan Healthcare Conference from January 12–15, 2026. The conference reinforced a familiar but evolving message for the life sciences and healthcare industries: capital remains constrained, exits are uncertain, and success increasingly depends on scale, optionality, strategic, and regulatory clarity. While the outlook for a potential reopening of public markets remains positive, structural shifts in funding, dealmaking, and investor behavior appear more enduring. This blog post discusses the principal themes that emerged from panels and private discussions throughout the week in the areas of life sciences dealmaking and the evolving regulatory landscape for medical products.Mon, 26 Jan 2026 00:00:00 -0600b6b0fbed-653c-4fc8-8136-44d2f0ee497fFDA & HealthcareLife Sciences TransactionsUnited StatesEuropeAsiaLife SciencesHealthcareArtificial IntelligenceFDALSLuciana GriebelJeanna Palmer GunvilleMaarika L. KimbrellJackie MulryneAlia M. Orbin, Ph.D.Benjamin H. PensakBen (Byunghwi) Rhohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/key-takeaways-from-the-isg-index-q425-technology-industry-updateISG’s latest index highlights a technology services and software market that is increasingly defined by cloud momentum and AI-driven investment shifts. While headline growth remains strong, the underlying dynamics point to a more selective and strategic buying environment as enterprises head into 2026.Mon, 26 Jan 2026 00:00:00 -0600c73dffbf-a8ca-4b05-a565-fca3d520ed71Technology Transactions, Outsourcing & Commercial ContractsTechnology TransactionsEmerging Companies & Venture CapitalIntellectual PropertyUnited StatesAsiaEuropeMiddle EastTechnologyArtificial IntelligenceOUTIPCBTEBTBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/navigating-cloud-computing-contracts-essential-capacity-considerationsAs demand for data-intensive and AI-driven workloads continues to grow, customers are increasingly encountering constraints on cloud compute resources—particularly specialized processors and region-specific capacity. These market dynamics raise a fundamental question for customers and their advisors: will the promised compute capacity actually be available when it is needed?Thu, 22 Jan 2026 00:00:00 -0600f279c9c0-7728-4a6d-ba40-dc2313ea3d69Technology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyOUTBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/datacenterbytes/2026/01/contracting-for-cloud-computing-capacity-key-concerns-for-customersCloud computing has been sold as elastic, on-demand access to virtually unlimited resources. However, the rapid growth of data-intensive and artificial intelligence–driven workloads has strained the availability of certain types of computing, particularly specialized processors and region-specific capacity. As a result, customers (and their lawyers) are questioning whether compute resources will be available when needed.Wed, 21 Jan 2026 00:00:00 -06003566f2ff-3c57-417f-96a4-56b238036f96Technology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyData CentersOUTBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/01/abu-dhabi-court-judgment-highlights-the-critical-importance-of-robust-disciplinary-proceduresA recent judgment of the Abu Dhabi Family, Civil and Administrative Claims Court provides a timely reminder to employers operating in the UAE of the importance of having clear disciplinary policies in place and adhering to them carefully prior to terminating an employee’s employment.Tue, 20 Jan 2026 00:00:00 -060030d4d53e-e681-41e2-ab88-1e7c9e18b2efLabor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/asprescribed/2026/01/awash-in-data-fda-removes-a-barrier-in-real-world-evidence-generationOn December 15, 2025, the US Food and Drug Administration (FDA) issued a press release announcing that FDA eliminated a major barrier to the use of real-world evidence (RWE) in medical device regulatory submissions. Namely, for certain types of medical device submissions, sponsors may not need to provide individually identifiable source data when using RWE. FDA also indicated that it intends to consider making a similar change for drugs and biologics signaling that there could be a broader shift in FDA policy coming, meaning that medical product developers of all types should be paying attention to FDA developments in this area.Tue, 20 Jan 2026 00:00:00 -0600d7ff4f56-e9c9-4b69-a541-73b977378d95FDA & HealthcareUnited StatesLife SciencesFDAAriel Z. SeeleyMaarika L. Kimbrellhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/sports-sponsorships-in-2026-key-insights-from-don-shelkeyAs the sports industry looks ahead to 2026, sponsorship agreements are becoming more complex, more strategic, and more closely scrutinized. We sat down with Doneld “Don” Shelkey, a leading sports sponsorship and commercial agreements lawyer at our firm, to discuss what he’s seeing in the market and what sponsors and rights holders should be thinking about now.Tue, 20 Jan 2026 00:00:00 -06000bf84e03-573a-4cd5-8554-2260162bcca6Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeTechnologySportsTMTACCPLITOUTBarbara Murphy MelbyDoneld G. Shelkeyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/join-us-for-our-tech-sourcing-webinar-on-key-considerations-in-procurement-agreementsAs demand for artificial intelligence, high-performance computing, and cloud-based infrastructure grows, organizations are entering increasingly complex agreements for compute capacity across public cloud, private infrastructure, and specialized providers. Join our Tech & Sourcing Webinar Series on Thursday, February 26, at 12:00 pm ET/11:00 am CT for our next presentation—Capacity Frenzy: Key Considerations in Procurement Agreements. This session will consider some of the specific challenges of this market, including the surge of new entrants, constraints on supply, and the need for many participants to finance these arrangements.Fri, 16 Jan 2026 00:00:00 -060098302a30-f086-4212-966d-d90dec1b9121Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyTechnology TransactionsCybersecurity, Incident Response & PrivacyCommercial ContractsGlobal OutsourcingUnited StatesAsiaMiddle EastEuropeDigital HealthArtificial IntelligenceData CentersTechnologySportsRetail & EcommerceInsuranceHealthcareFintech & Digital AssetsEnergyOUTTMTIPACCPLITBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2026/01/navigating-employment-in-the-middle-east-uae-part-1-key-takeawaysOur latest Navigating Employment Law in the Middle East webinar—Part 1 of the UAE edition—kicked off the fourth installment of this multipart series. The session focused on the UAE private sector employment framework—excluding the Abu Dhabi Global Market (ADGM) and Dubai International Financial Centre (DIFC)—and explored what employers need to know about the law, Emiratization, employment contracts, onboarding, and Golden Visa considerations.Fri, 16 Jan 2026 00:00:00 -0600af281b23-caaa-487e-982d-a55a6d01cc0fGlobal Employment & ImmigrationLabor, Employment & BenefitsMiddle EastUnited Arab EmiratesIMMLBREBRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/upandatom/2026/01/nrc-confirms-effective-date-of-direct-final-rule-adding-conditional-sunset-dates-to-certain-regulationsThe NRC has issued a Federal Register notice confirming the January 8, 2026 effective date of its direct final rule implementing the requirements of Executive Order 14270, Zero-Based Regulatory Budgeting to Unleash American Energy. The direct final rule sets conditional sunset dates for several identified NRC regulations, meaning those rules will automatically expire one year after the rule’s effective date (i.e., January 8, 2027).Fri, 16 Jan 2026 00:00:00 -0600aec345df-893d-4933-930d-b686e4298a9bEnergy & InfrastructureUnited StatesEnergyENERyan K. LightyBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/datacenterbytes/2026/01/investing-in-data-center-focused-hvac-businesses-an-increasingly-strategic-asset-classThe continued expansion of data centers—driven by cloud adoption, artificial intelligence (AI), and high-performance computing—is reshaping how investors evaluate infrastructure risk and opportunity. Among the most critical, and often underestimated, components of this ecosystem are heating, ventilation, and air conditioning (HVAC) and related thermal-management infrastructure.Thu, 15 Jan 2026 00:00:00 -06005c589008-2a9e-448b-98d7-30b820643052Corporate, Finance & Investment ManagementEnergy & InfrastructureReal EstateTechnology Transactions, Outsourcing & Commercial ContractsMergers & AcquisitionsPrivate EquityAfricaAsiaEuropeLatin AmericaMiddle EastUnited StatesData CentersTechnologyArtificial IntelligenceEnergyNuclear EnergyTelecoms & InfrastructureCBTENESECOUTMAPEJohn J. SheehanMark L. OpitzBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/whats-new-and-whats-next-navigating-ai-in-technology-transactionsAs AI continues to reshape technology transactions, deal lawyers have been compelled to revisit longstanding allocations of risk, revisit boilerplate, and develop new contracting mechanics to address novel uncertainty. While the core goals of technology deals remain the same—facilitating commercial outcomes and protecting the business—AI introduces distinctive pressure points across intellectual property, data, regulatory exposure, and liability frameworks.Thu, 15 Jan 2026 00:00:00 -06004573e383-a02b-4a2a-bc82-cbc9d5a6b279Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsCybersecurity, Incident Response & PrivacyUnited StatesAsiaMiddle EastEuropeLatin AmericaTechnologyArtificial IntelligenceTMTOUTACCPLITBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/upandatom/2026/01/with-a-new-chair-and-full-commission-nrc-enters-2026-poised-for-actionThe NRC saw major staffing transitions in 2025, including an unprecedented number of vacancies at the senior staff level. As 2026 kicks off, the Commission has returned to a full slate of five, and the agency has filled significant senior leadership roles.Thu, 15 Jan 2026 00:00:00 -06000d57052c-b383-484a-8763-7d2589ca8341Energy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkTimothy P. Matthewshttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/register-now-for-our-tech-and-sourcing-webinar-tech-transactions-the-year-aheadAs technology transactions continue to evolve rapidly, staying ahead of trends, innovations, and regulatory shifts is crucial. Join our Tech & Sourcing Webinar Series on January 22 at 12:00 pm ET/11:00 am CT for an insightful discussion on Tech Transactions: The Year Ahead. This session, featuring Doneld G. Shelkey, Marina G. Aronchik, and A. Benjamin Klaber, will delve into developments in artificial intelligence, data-driven deals, and new sourcing models, providing key insights to help navigate the changing landscape in 2026.Wed, 14 Jan 2026 00:00:00 -0600654628f8-1a56-4ce9-8cb8-70eaded67778Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyTechnology TransactionsCybersecurity, Incident Response & PrivacyCommercial ContractsGlobal OutsourcingUnited StatesMiddle EastEuropeAsiaDigital HealthArtificial IntelligenceData CentersTechnologySportsRetail & EcommerceInsuranceHealthcareFintech & Digital AssetsEnergyOUTTMTIPACCPLITBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/healthlawscan/2026/01/cms-expands-hospice-oversight-to-georgia-and-ohio-as-dea-extends-telemedicine-flexibilitiesRecent regulatory actions by the Centers for Medicare and Medicaid Services (CMS), the US Drug Enforcement Administration (DEA), and the US Department of Health and Human Services (HHS) highlight heightened federal scrutiny of hospice providers in higher-risk states and continued uncertainty about the future regulation of controlled substance prescribing.Mon, 12 Jan 2026 00:00:00 -06004c7f6f50-a487-4a3a-acab-9155c8b72358Healthcare TransactionsFDA & HealthcareHealthcare & Life Sciences LitigationUnited StatesHealthcareLife SciencesDigital HealthFDAHoward J. YoungRoshni EdalurRachel L. LamparelliJonathan P. Yorkhttps://www.morganlewis.com/blogs/asprescribed/2026/01/breakthrough-devices-around-the-world-opportunities-and-challenges-in-the-us-and-euThe US Food and Drug Administration’s (FDA’s) Breakthrough Devices Program was established to facilitate earlier patient access to novel medical devices addressing serious health conditions, by offering prioritized review and enhanced communication with regulators. Despite its promise, only a small percentage of devices granted Breakthrough designation have achieved marketing authorization, reflecting persistent regulatory and evidentiary hurdles.Thu, 08 Jan 2026 00:00:00 -0600855da7d5-129b-4aac-996d-a0cd4d2c2c2dFDA & HealthcareIntellectual PropertyEuropeUnited StatesLife SciencesFDAIPJackie MulryneAriel Z. Seeleyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/managing-global-capability-centers-legal-considerations-for-in-house-delivery-modelsGlobal capability centers have become a central component of many companies’ technology and shared services strategies. Unlike traditional outsourcing, GCCs allow companies to retain direct control over personnel, intellectual property, and delivery priorities—with this control, however, comes a significantly different legal risk profile.Thu, 08 Jan 2026 00:00:00 -0600b2520694-d4d6-4d0d-9540-4018433a6de9Global Capability CentersCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsAsiaIndiaMiddle EastEuropeUnited StatesTechnologyOUTACCPLITBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/datacenterbytes/2026/01/why-commercial-facility-services-are-a-quiet-value-driver-in-the-data-center-boomExplosive growth in cloud computing, AI workloads, edge deployments, and enterprise digitization continues to drive unprecedented demand for capacity, leading the data center sector to become one of the most closely watched segments of the digital infrastructure market. While investor attention often gravitates toward hyperscalers, colocation platforms, and real estate assets, commercial facility services are emerging as a compelling—and frequently underappreciated—source of value for investors and operators in the data center sector.Thu, 08 Jan 2026 00:00:00 -06006ede7eb7-630c-49f3-9b65-9211cb9e0c64Corporate, Finance & Investment ManagementEnergy & InfrastructureReal EstateTechnology Transactions, Outsourcing & Commercial ContractsMergers & AcquisitionsPrivate EquityAfricaAsiaEuropeLatin AmericaMiddle EastUnited StatesData CentersTechnologyArtificial IntelligenceEnergyNuclear EnergyTelecoms & InfrastructureCBTENESECOUTMAPEJohn J. SheehanMark L. OpitzBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/datacenterbytes/2026/01/california-takes-a-study-first-approach-to-data-center-regulationCalifornia lawmakers have recently focused renewed attention on the rapid growth of data centers, driven in large part by cloud computing and artificial intelligence capacity demands. Concerns about grid reliability, electricity costs, and environmental impacts prompted a flurry of legislative proposals in the 2024–2025 session. The result, however, is a more incremental regulatory approach than many industry participants initially expected. This post highlights what has passed, what stalled, and what data center developers and operators should be monitoring going forward.Wed, 07 Jan 2026 00:00:00 -06005c26c4eb-45ca-4452-bd7c-45ef0176d572Corporate, Finance & Investment ManagementEnergy & InfrastructureReal EstateTechnology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyEnvironmental Counseling & LitigationUnited StatesData CentersTechnologyArtificial IntelligenceEnergyNuclear EnergyTelecoms & InfrastructureCBTENESECOUTTMTLITMarc A. LiverantBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/mlbenebits/2026/01/glp-1-coverage-obesity-and-the-ada-what-employer-health-plan-sponsors-need-to-knowGlucagon-like peptide-1 receptor agonists (GLP-1s) such as Ozempic, Wegovy, Mounjaro, and Zepbound have reshaped the landscape of diabetes and obesity treatment and quickly become one of the most significant cost drivers for employer-sponsored health plans.Wed, 07 Jan 2026 00:00:00 -0600d174d5be-dd34-461d-b6b5-b3d2648b090a Health and Welfare Plan Design & AdministrationLabor, Employment & BenefitsUnited StatesEBLBRSaghi FattahianAllison J. Fepelstein Claire M. LesikarTyler J. Dixonhttps://www.morganlewis.com/blogs/upandatom/2026/01/high-standards-marijuana-reclassification-and-nrc-fitness-for-duty-requirementsPresident Donald Trump recently signed an executive order directing the reclassification of marijuana under the Controlled Substances Act (CSA). This reclassification, along with the growing number of states that allow medical and recreational marijuana use, further complicates the legal landscape surrounding marijuana for NRC-regulated entities required to maintain a fitness-for-duty program.Mon, 05 Jan 2026 00:00:00 -0600763a752e-e03f-4ae2-a97e-2fff461785d0United StatesEnergyHealthcareBrooke Poole ClarkJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/01/join-us-for-outsourcing-the-year-ahead-on-january-7Join us for our Tech & Sourcing Webinar Series on Wednesday, January 7, 2026 at 12:00 pm ET (11:00 am CT) for a forward-looking discussion with Barbara Melby and Chris Archer on Outsourcing: The Year Ahead—a timely session packed with practical insights and strategic perspectives to help counsel and deal teams prepare for what’s ahead in 2026.Mon, 05 Jan 2026 00:00:00 -06006354bd0a-2481-443e-add8-a90b4a73f2eeTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeTechnologyTMTACCPLITOUTBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/asprescribed/2026/01/the-european-commission-proposes-biotech-act-to-support-development-of-biotech-productsAt the end of 2025, as part of a bundle of measures to make the EU health sector more innovative, competitive and resilient, the European Commission proposed the EU Biotech Act (the Act) aimed at repositioning the EU as a global biotechnology hub. It includes a wide range of proposals, such as access to funding, streamlined regulatory processes, and increased incentives for innovative products. The proposal signals that the EU institutions are attempting to make the EU a more pro-innovation environment, and many of the proposals will likely be welcomed by industry.Mon, 05 Jan 2026 00:00:00 -060002b635e0-52aa-4bf5-ad63-e804d431d585FDA & HealthcareIntellectual PropertyEuropeLife SciencesFDAIPJackie MulryneKulraj Singh Bhangra, Ph.D.https://www.morganlewis.com/blogs/datacenterbytes/2025/12/ferc-weighs-in-on-pjm-data-center-co-location-rulesThe Federal Energy Regulatory Commission (FERC) issued its long-awaited order on December 18, 2025 (the Order), directing PJM Interconnection, LLC to reform its Open Access Transmission Tariff (Tariff) rules for generators co-located with large loads, most notably data centers, after finding the current Tariff lacks sufficient clarity and consistency regarding applicable rates, terms, and conditions of service.Tue, 30 Dec 2025 00:00:00 -0600662f1eb2-ef76-4d6e-8432-1f143e45664dEnergy & InfrastructureUnited StatesData CentersTechnologyEnergyENEStephen M. SpinaArjun P. RamadevanahalliPamela T. WuPatrick R. Pennellahttps://www.morganlewis.com/blogs/upandatom/2025/12/national-defense-authorization-act-for-fy-2026-creates-holistic-strategy-to-support-us-nuclear-industry-leadershipThe National Defense Authorization Act for Fiscal Year 2026 (the NDAA) was signed into law by US President Donald Trump on December 18, 2025. Through the NDAA, the US Congress sets the year’s policy direction for the US Armed Forces. As an annual “must pass” bill, it also becomes a vehicle to move other legislative provisions through Congress. This year, the NDAA contained several key provisions important to the domestic nuclear industry with an eye toward facilitating and promoting the US nuclear industry abroad.Tue, 23 Dec 2025 00:00:00 -060079d289d8-1e07-42f9-81d3-9e26b4cddeecEnergy & InfrastructureUnited StatesEnergyENEChristopher William Pisano, Jr.Brooke Poole ClarkTimothy P. MatthewsAlex Polonskyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/ai-usage-policies-revisited-structure-trends-and-transparencyAI usage policies have become the new norm as businesses across industries adopt various AI technologies in hopes of enhancing productivity and staying competitive, with many companies now revisiting and updating their AI usage policies to become more permissive while aiming to meet any transparency requirements.Mon, 22 Dec 2025 00:00:00 -06004b76751c-fb92-4238-92ce-ffed7a53b9f2Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyUnited StatesTechnologyArtificial IntelligenceOUTTMTACCPLITMarina G. Aronchikhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/driving-digital-innovation-sultan-almasoud-on-the-top-trends-in-technology-and-esports-in-saudi-arabiaDr. Sultan Almasoud, managing partner of Morgan Lewis’s Riyadh office, has been closely involved in the Kingdom of Saudi Arabia’s rapid evolution into a global hub for innovation. His insights on the questions below shed light on the trends reshaping technology and esports—and the opportunities they unlock for investors and operators entering the market.Thu, 18 Dec 2025 00:00:00 -06009b461110-5704-4f79-b1fd-769ac516a738Technology Transactions, Outsourcing & Commercial ContractsMiddle EastSaudi ArabiaUnited StatesTechnologyArtificial IntelligenceSportsProfessional Sports Leagues, Teams & PlayersOUTDr. Sultan AlmasoudBarbara Murphy MelbyAnastasia DergachevaKsenia AndreevaRiyadhhttps://www.morganlewis.com/blogs/upandatom/2025/12/proposed-guidance-for-evaluating-locas-encourages-early-adopters-of-new-approachesThe US Nuclear Regulatory Commission recently released Draft Interim Staff Guidance (ISG) DSS-ISG-2025-XX, Treatment of Certain Loss-of-Coolant Accident Locations as Beyond-Design-Basis Accidents. The draft guidance, if adopted, would allow the NRC staff to determine that certain break locations that would normally be analyzed as design-basis loss-of-coolant accidents (LOCAs) can be treated as beyond-design-basis accidents.Thu, 18 Dec 2025 00:00:00 -06001a20d088-6604-4088-adca-dd652765b9afEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsBrooke Poole ClarkChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/asprescribed/2025/12/european-commission-issues-proposal-to-simplify-medical-devices-regulationsIn a pre-Christmas gift, the European Commission has adopted a proposal to simplify Regulation (EU) 2017/745 on medical devices (MDR) and Regulation (EU) 2017/746 on in vitro diagnostic medical devices (IVDR): Proposal for a regulation to simplify rules on medical and in vitro diagnostic devices . The key elements of the revisions are summarized in a factsheet and in a questions and answers document .Wed, 17 Dec 2025 00:00:00 -060000210db3-c22e-4c47-bf01-dd04a8a8e125FDA & HealthcareEuropeLife SciencesMedical DevicesFDAJackie Mulrynehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/key-santa-clauses-unwrapping-performer-contractsThe holiday season often brings an increase in events featuring Santa Claus, themed characters, or other performer—but have you ever thought about the contractual clauses Santa agrees to in connection with his appearances at these events? Like with any performance agreement or event contract, Santa and the event host will need a complete, well-written contract to properly set expectations and allocate responsibility so no one ends up on the naughty list. In the spirit of the holidays, this post highlights some key considerations in performance and event contracts.Wed, 17 Dec 2025 00:00:00 -06001c4eee5e-f2d0-4188-ba6c-a42afe750824Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyUnited StatesEuropeTechnologyOUTTMTACCPLITMarina G. Aronchikhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/navigating-whats-next-kari-krusmark-on-technology-transactions-and-outsourcing-trends-for-2026Kari Krusmark, a partner in our technology transactions, outsourcing, and commercial contracts practice, is a leading advisor in complex technology initiatives, outsourcing arrangements, and digital transformation projects. With deep background guiding global companies through high-value technology deals, evolving regulatory requirements, and vendor ecosystem shifts, Kari has a unique perspective on how organizations should prepare for the rapidly changing technology and outsourcing landscape. Her insights highlight the key trends shaping 2026 and what businesses should be doing now to stay ahead.Wed, 17 Dec 2025 00:00:00 -060082f939f4-821d-4da4-b994-a3e9e5e18d03Cybersecurity, Incident Response & PrivacyTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyArtificial IntelligenceACCPLITTMTOUTBarbara Murphy MelbyC. ("Kari") Krusmarkhttps://www.morganlewis.com/blogs/upandatom/2025/12/secy-24-0009-explained-nrc-begins-reshaping-enforcement-framework-in-line-with-parallel-regulatory-reviewOn November 18, 2025, the US Nuclear Regulatory Commission issued its Staff Requirements Memorandum for SECY-24-0009, which proposed changes to the NRC Enforcement Policy governing regulated materials and civil penalties. The proposed changes reflect the NRC Office of Enforcement’s periodic review of its Enforcement Policy, undertaken every few years to identify appropriate significant revisions.Wed, 17 Dec 2025 00:00:00 -06007b5461b9-9720-4288-862c-f000b37c0e0fEnergy & InfrastructureUnited StatesEnergyENETimothy P. MatthewsBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/opportunities-and-challenges-in-the-tech-markets-of-the-uae-and-saudi-arabiaThe UAE and Saudi Arabia have rapidly transformed into two of the most dynamic technology markets in the world. Driven by ambitious national strategies—Dubai’s digital-first initiatives and Saudi Arabia’s Vision 2030—both countries are positioning themselves as regional leaders in artificial intelligence, cybersecurity, fintech, cloud computing, and smart infrastructure. Despite extraordinary public-sector investment and momentum, the path to sustained innovation and commercialization is shaped by a mix of high-value opportunities and structural challenges.Tue, 16 Dec 2025 00:00:00 -0600435b9ceb-b328-4229-8b4f-333ea77ea992Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyMiddle EastUnited Arab EmiratesSaudi ArabiaUnited StatesTechnologyOUTTMTACCPLITBarbara Murphy MelbyAnastasia DergachevaKsenia Andreevahttps://www.morganlewis.com/blogs/datacenterbytes/2025/12/a-conversation-with-ayman-khaleq-on-data-center-investment-in-the-uae-and-saudi-arabiaAyman Khaleq, a partner at Morgan Lewis, is widely recognized as one of the leading advisors on cross-border investments, digital infrastructure transactions, and securities technology–industry regulatory frameworks in the Middle East. Ayman guides institutional investors (including sovereign wealth funds), private equity investors, and regional operators as they navigate complex legal and regulatory landscapes and structure large-scale data center and tech-sector investments. His perspective offers valuable insight into how the United Arab Emirates (UAE) and Saudi Arabia have become two of the most dynamic and competitive data center markets globally. His on-the-ground experience offers helpful insight into where the market is today—and where it is headed next.Tue, 16 Dec 2025 00:00:00 -0600b27e9bed-42cf-4b35-be0a-ac69ea3a19cbMiddle EastUnited Arab EmiratesSaudi ArabiaData CentersArtificial IntelligenceBarbara Murphy MelbyAyman A. Khaleqhttps://www.morganlewis.com/blogs/asprescribed/2025/12/agreement-reached-on-eu-pharma-package-but-questions-remainTwo and a half years after the initial proposal, agreement has been reached by the EU institutions on the so-called EU Pharma Package. The Package represents a comprehensive overhaul of the European Union’s pharmaceutical framework for medicinal products, which is currently based on legislation dating back to 2001.Fri, 12 Dec 2025 00:00:00 -0600f00dae80-e756-4cb2-bf0a-99ad667e4696FDA & HealthcareEuropeLife SciencesFDAJackie Mulrynehttps://www.morganlewis.com/blogs/mlbenebits/2025/12/clearing-the-smoke-insights-from-the-williams-v-ballys-tobacco-use-surcharge-dismissalIn Williams v. Bally Management Group, LLC , the US District Court for the District of Rhode Island became the first court to grant a motion to dismiss in a class action challenging Bally Management Group’s (Bally) tobacco surcharge wellness program. The court dismissed the plaintiff’s challenge in full, rejecting both the ERISA nondiscrimination claim that the tobacco surcharge violated the “full reward” requirement and the fiduciary-breach claim. This decision is a favorable development for plan sponsors amid the recent surge of class actions targeting tobacco surcharge wellness programs, as discussed in our recent blog post .Fri, 12 Dec 2025 00:00:00 -06009358276e-3518-4d4a-aaef-568b83d5e6e9Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationERISA/Employee Benefits LitigationUnited StatesEBLBRERISAKimberly J. BoggsSaghi Fattahianhttps://www.morganlewis.com/blogs/welldone/2025/12/california-attorney-general-issues-enforcement-advisory-on-prohibited-foam-service-wareOn December 2, 2025, the California attorney general issued a formal enforcement advisory letter to producers of food-service ware made from expanded polystyrene foam (EPS). The letter reminds producers that under California Senate Bill 54 (SB 54), the sale, distribution, or import of foam service ware is prohibited. The prohibition covers single-use trays, plates, bowls, clamshells, cups, hinged, or lidded containers, utensils, stirrers, and straws. The advisory warns of steep consequences, with administrative penalties up to $50,000 per day per violation plus potential civil penalties of up to $2,500 per violation under California’s unfair competition law.Thu, 11 Dec 2025 00:00:00 -0600d62f81d7-867c-41f3-8301-eeb30002283fFDA & HealthcareUnited StatesLife SciencesFDAAdam D. TeitcherKathleen M. Sanzohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/key-concepts-in-ai-contracting-data-rights-and-restrictionsOne of the key concepts in contracting for generative AI (GenAI) is allocating rights to data that the GenAI tool processes and generates, as well as any data used to train, test, and improve the underlying AI model. A new concern in these contracts relates to the use of a GenAI tool (or data generated by this tool) for competitive purposes and corresponding contractual restrictions. This blog post outlines some of the relevant considerations when evaluating and negotiating contractual provisions relating to these data rights and use restrictions.Thu, 11 Dec 2025 00:00:00 -06008b5e87d3-96e7-4aea-8237-48c0427a6fdaTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesArtificial IntelligenceTechnologyOUTMarina G. Aronchikhttps://www.morganlewis.com/blogs/asprescribed/2025/12/new-fda-digital-health-pilot-same-fda-enforcement-discretionOn December 8, 2025, FDA announced a pilot for certain digital health devices in connection with the Center for Medicare and Medical Innovation’s (CMMI’s) Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) payment model.Thu, 11 Dec 2025 00:00:00 -0600afc531f6-0e68-4fd4-bcab-934ed008243eFDA & HealthcareUnited StatesLife SciencesFDAAriel Z. Seeleyhttps://www.morganlewis.com/blogs/upandatom/2025/12/genesis-mission-white-house-aims-to-accelerate-ai-driven-scientific-discovery-including-energy-and-nuclear-researchThe White House recently issued an executive order establishing the “Genesis Mission,” a US Department of Energy (DOE)-led initiative aimed at accelerating scientific discovery using advanced AI. Nuclear energy was specifically highlighted as one of the key scientific areas for advancement.Wed, 10 Dec 2025 00:00:00 -06003be5ed72-5fef-45f9-868c-43eb4cdfa53bEnergy & InfrastructureUnited StatesEnergyENEJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/upcoming-tech-and-sourcing-webinar-covers-all-things-global-capability-centersWe invite you to join us for the next presentation of our Tech & Sourcing webinar series Navigating the Global Landscape Through Innovation on Thursday, December 11, 2025 at 12:00 pm ET, focused on global capability centers.Mon, 08 Dec 2025 00:00:00 -06005ecd66d3-e844-4114-9748-4a18acbda391Technology Transactions, Outsourcing & Commercial ContractsAsiaMiddle EastEuropeUnited StatesTechnologyOUTMarina G. Aronchikhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2025/12/employment-contract-enhancements-in-the-kingdom-of-saudi-arabiaThe Ministry of Human Resources and Social Development of the Kingdom of Saudi Arabia (Ministry) is rolling out a new enforceable version of the standard form employment contract issued via the Ministry’s Qiwa portal. The roll out integrates the wages clause contained in the Qiwa contract with the Ministry of Justice’s legal services portal, Najiz, enabling an employee to directly enforce the payment terms without having to initiate a claim through the Labour Courts.Fri, 05 Dec 2025 00:00:00 -060018497e2e-d0d6-467a-9c35-139cb980312bLabor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastSaudi ArabiaEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2025/12/navigating-employment-in-the-middle-east-ksa-part-1-takeawaysThe third in our multipart Navigating Employment Law in the Middle East webinar series considered the applicable employment regulations and immigration processes in the Kingdom of Saudi Arabia. Be sure to join us for our next webinar taking place on December 9 looking at the applicable law and processes in the United Arab Emirates.Fri, 05 Dec 2025 00:00:00 -0600c221fa0c-644b-45f6-a2ae-ff7cbb7e41a1Labor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastSaudi ArabiaEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/headwinds-in-ai-negotiations-customer-and-vendor-perspectivesAs the use of generative artificial intelligence (GenAI) proliferates, customers and vendors face unique challenges in contract negotiations. This post discusses these challenges, offering viewpoints from both perspectives.Thu, 04 Dec 2025 00:00:00 -060043139776-07dc-401b-ad4b-444a1769d46dTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyArtificial IntelligenceOUTMarina G. Aronchikhttps://www.morganlewis.com/blogs/asprescribed/2025/12/impacts-of-fdas-slimming-of-biosimilar-requirementsFDA recently issued a new draft guidance titled Scientific Considerations in Demonstrating Biosimilarity to a Reference Product: Updated Recommendations for Assessing the Need for Comparative Efficacy Studies, which proposes omitting comparative efficacy studies (CES) where appropriate “based on the totality of the evidence” to instead rely only on analytical, PK/PD, and immunogenicity data to inform biosimilarity determinations. As the agency explains, it has gained substantial experience with comparative analytical assessments (CAA) and now wants to update its framework for determining when a CES may not be necessary to support biosimilarity.Thu, 04 Dec 2025 00:00:00 -0600a4bb4b95-4293-4abe-9384-5b31e9f93ddbFDA & HealthcareUnited StatesLife SciencesFDAMaarika L. KimbrellChristina A. MacDougall, Ph.D.Owen G. Hosseinzadehhttps://www.morganlewis.com/blogs/upandatom/2025/12/nrc-issues-final-rule-revising-certain-rules-of-practice-signaling-its-intentions-for-regulatory-reformUnder the auspices of Section 5 of Executive Order 14300, Ordering the Reform of the Nuclear Regulatory Commission, the Nuclear Regulatory Commission (NRC) published on November 26, 2025 an immediately effective final rule, Streamlining Select Rules of Practice and Procedure. The NRC rescinded a “discrete number” of its rules of practice as “either inconsistent with statutory requirements or duplicative of statutory requirements and other binding regulations.”Wed, 03 Dec 2025 00:00:00 -0600b861d273-8fb4-4022-a78b-c60cfb903eaeEnergy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkTimothy P. MatthewsAlex Polonskyhttps://www.morganlewis.com/blogs/asprescribed/2025/12/date-set-for-mandatory-application-of-european-database-on-medical-devicesThe European Commission, by its decision dated 26 November 2025, confirmed the functionality of four modules within the European database on medical devices (EUDAMED).Tue, 02 Dec 2025 00:00:00 -06006aab75eb-75c4-470e-b955-b9e96b5cccd1FDA & HealthcareUnited StatesEuropeLife SciencesFDAJackie Mulrynehttps://www.morganlewis.com/blogs/powerandpipes/2025/12/ferc-releases-enforcement-report-for-fiscal-year-2025FERC’s Office of Enforcement and Regulatory Accounting (Enforcement) has released its annual report on enforcement actions during fiscal year 2025, which ran from October 1, 2024 to September 30, 2025. The report provides a comprehensive overview of Enforcement’s activities across the electric, natural gas, and oil pipeline industries.Mon, 01 Dec 2025 00:00:00 -0600968d1cab-d0b7-4b83-9e77-c4c0c8402f01Energy & InfrastructureUnited StatesEnergyENELevi McAllisterPamela T. WuChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/12/upcoming-tech-and-sourcing-webinar-european-updateWe invite you to join us for the next presentation of the Tech & Sourcing webinar series Navigating the Global Landscape Through Innovation on Thursday, December 4, 2025 at 12:00 pm ET.Mon, 01 Dec 2025 00:00:00 -0600c2de528e-a5ff-4798-84b4-b58c8ae5c95bTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeTechnologyTMTACCPLITOUTMarina G. Aronchikhttps://www.morganlewis.com/blogs/powerandpipes/2025/11/ferc-withdraws-duty-of-candor-proposalOn November 20, 2025, the Federal Energy Regulatory Commission withdrew its notice of proposed rulemaking to expand the “duty of candor” in communications to FERC and terminated the related rulemaking under Docket No. RM22-20 .Tue, 25 Nov 2025 00:00:00 -06009089f634-fd74-4a63-bb92-e2227f5883afEnergy & InfrastructureUnited StatesEnergyENEJ. Daniel SkeesLevi McAllisterPamela T. WuErin McClellandhttps://www.morganlewis.com/blogs/powerandpipes/2025/11/ferc-withdraws-proposed-tariff-waiver-policy-statementThe Federal Energy Regulatory Commission (FERC or Commission) on November 20, 2025 withdrew the Proposed Policy Statement on Waiver of Tariff Requirements and Petitions or Complaints for Remedial Relief (Proposed Policy Statement). The Commission’s policy will be to continue to grant tariff waivers on a case-by-case basis, consistent with its statutory authority and the language of the tariff in question.Tue, 25 Nov 2025 00:00:00 -0600dc828dd5-6688-42c0-9321-5d00860eeda6Energy & InfrastructureUnited StatesEnergyENEJ. Daniel SkeesChristopher William Pisano, Jr.https://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/11/eu-parliament-publishes-report-on-interaction-between-eu-digital-regulationsThe 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.Wed, 19 Nov 2025 00:00:00 -06006e63424e-3d53-48c9-b697-9b7875f4ea9fTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTOUTOliver Bellhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/11/the-impact-of-the-evolution-of-ai-on-offshoring-and-outsourcingMorgan 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.Wed, 19 Nov 2025 00:00:00 -0600c1cf79be-ba7c-4208-a818-67b2fa9e467aTechnology Transactions, Outsourcing & Commercial ContractsAsiaEuropeMiddle EastUnited StatesTechnologyArtificial IntelligenceOUTOliver BellCharlotte Cavendishhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/11/dora-eu-regulators-announce-list-of-critical-ict-third-party-providersThe 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.Tue, 18 Nov 2025 00:00:00 -06001f83284d-aae2-4785-9015-ad15cf986743Technology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyOUTOliver BellCharlotte Cavendishhttps://www.morganlewis.com/blogs/datacenterbytes/2025/11/adaptive-reuse-of-vacant-real-estate-for-data-centers-investor-takeaways-from-the-cboe-headquarters-flipProfessional investors eyeing data center opportunities may want to consider adaptive reuse of vacant real estate assets. A recent Chicago transaction demonstrates how power provisioning and strategic repositioning can unlock value in underutilized properties, particularly as demand for data center facilities expands.Mon, 17 Nov 2025 00:00:00 -060075df6652-32fc-4662-9f30-aa7bc649dcc4Real EstateCorporate, Finance & Investment ManagementData CentersSECCBTFerdinand J. Gallo IIIhttps://www.morganlewis.com/blogs/upandatom/2025/11/us-agencies-expand-cooperation-to-accelerate-advanced-nuclear-developmentAs part of the response to four executive orders focused on expanding and accelerating the development and use of nuclear energy, the US Department of Energy and US Nuclear Regulatory Commission have signed Addendum 9 to their 2019 Memorandum of Understanding on Nuclear Energy Innovation. The October 24 addendum details how the agencies will coordinate their activities on advanced reactors and nuclear fuel technologies more efficiently to implement activities under the EOs. The addendum underscores a whole-of-government approach to demonstrating and licensing advanced reactors and speeding up the transition from research to commercial deployment.Mon, 17 Nov 2025 00:00:00 -060020788017-b4f7-45cc-acda-d47a6bc0e5bdEnergy & InfrastructureUnited StatesEnergyNuclear EnergyENEBrooke Poole ClarkAlex PolonskyRyan K. LightyJoseph Azeizathttps://www.morganlewis.com/blogs/healthlawscan/2025/11/applied-behavioral-analysis-key-service-for-children-with-autism-is-under-payment-scrutinyIn the past decade, there has been a significant increase in the utilization of Applied Behavioral Analysis (ABA) therapy, in large part because of expanded coverage under all Medicaid programs since 2022. Both federal and state regulators and enforcement authorities have turned their attention to the coverage and payment of these ABA services and potential fraud and abuse. This blog provides some quick takeaways for stakeholders.Fri, 14 Nov 2025 00:00:00 -06005bb5b93b-8c3c-47f6-9926-d0adc30e171aFDA & HealthcareUnited StatesHealthcareFDAHoward J. YoungTesch Leigh WestJonathan P. Yorkhttps://www.morganlewis.com/blogs/datacenterbytes/2025/11/planned-doe-rulemaking-would-apply-to-data-center-interconnectionThe proliferation of artificial intelligence (AI) data centers and other high-demand facilities is imposing significant new energy and infrastructure demands on the electric grid. This rapid pace of development is testing the limits of legacy regulatory rules, forcing policymakers and industry participants to consider a patchwork of solutions, ranging from new tariff designs to special contracts. There is also growing concern in some corners of the industry over rate hikes, resource adequacy, and reliability.Fri, 14 Nov 2025 00:00:00 -06004acb2746-2b38-421c-97ab-711d37bcbb1fEnergy & InfrastructureUnited StatesEnergyData CentersENEJane AccomandoArjun P. RamadevanahalliStephen M. SpinaRobert P. Goldfinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/11/addressing-the-challenges-of-open-source-software-in-technology-transactionsOpen-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.Thu, 13 Nov 2025 00:00:00 -0600302bef23-7ecf-4ef0-ba8d-25894ad550baTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesEuropeTechnologyOUTKsenia AndreevaOliver Bellhttps://www.morganlewis.com/blogs/powerandpipes/2025/11/doe-large-load-interconnection-proposal-risks-regulatory-collision-courseThe expansion of energy-intensive technologies, including artificial intelligence (AI) data centers, has placed unprecedented demands on the electricity grid. These large loads often require vast sums of firm energy and seek to come online quickly, presenting challenges on capacity-constrained portions of the grid. The rapid pace of development is testing the limits of legacy regulatory frameworks, forcing policymakers to retrofit rules originally crafted for a far more predictable and conventional grid. What has emerged is a patchwork of regulatory solutions—large load tariffs, bespoke special contracts, and interconnection agreements—that leave open important questions about rate impacts and reliability.Thu, 13 Nov 2025 00:00:00 -0600720ee57c-5f7d-4994-ab8d-675520c3fde5Energy & InfrastructureUnited StatesEnergyArtificial IntelligenceData CentersENEArjun P. RamadevanahalliStephen M. SpinaRobert P. Goldfinhttps://www.morganlewis.com/blogs/asprescribed/2025/11/major-overhaul-of-uk-rare-disease-regulation-mhra-proposes-enhanced-frameworkThe UK Medicines and Healthcare products Regulatory Agency (MHRA) has announced its intention to introduce sweeping reforms for accelerating rare disease therapy development and approval, with the aim to position the UK as a global leader in the field. The new framework will put in place flexible licensing for rare disease therapies with adaptive trial design and a new “investigational marketing authorization.” It will also ensure a patient-centered approach with an emphasis on transparency, flexible benefit-risk thresholds, and use of real-world evidence.Wed, 12 Nov 2025 00:00:00 -06007dd32848-28c5-4f82-8aa1-b444a4fea85dFDA & HealthcareUnited StatesEuropeLife SciencesPharmaceuticals & BiotechnologyFDAJackie MulryneMaarika L. KimbrellLuciana Griebelhttps://www.morganlewis.com/blogs/datacenterbytes/2025/11/coming-up-morgan-lewis-data-center-bytes-navigating-the-capacity-race-webinar-seriesJoin us for the next chapter in Morgan Lewis’s Data Center Bytes webinar series Navigating the Capacity Race. This upcoming series dives into the big opportunities and pressing challenges shaping the fast-moving data center world.Tue, 11 Nov 2025 00:00:00 -0600d8056674-e6a1-44bb-8cb2-10a7dc5cbac0Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsReal EstateCybersecurity, Incident Response & PrivacyEnergy & InfrastructureMergers & AcquisitionsPrivate EquityInvestment ManagementFinanceAfricaAsiaLatin AmericaMiddle EastEuropeUnited StatesData CentersTechnologyEnergyBankingInvestment FundsRetail & EcommerceTMTOUTSECACCPLITENECBTMAPEIMPGEBESOPBarbara Murphy MelbyUlises R. PinMichael A. MüllerJane Accomandohttps://www.morganlewis.com/blogs/datacenterbytes/2025/11/data-center-lease-considerationsWhile data center leases need to include most of the standard provisions of typical warehouse or manufacturing facilities’ leases, special attention should be given to their unique operational needs and special investments for the site. When leasing a data center building it is essential, among other things, to ensure the lease will address a high level of security, protect the privacy of both the tenant and the premises, and provide for continuity of operations throughout the lease term.Tue, 11 Nov 2025 00:00:00 -0600993cf5e8-8f6d-458a-9732-e938781b8b86Real EstateTechnologyData CentersSECJeannine T. BishopKelly G. Kuschelhttps://www.morganlewis.com/blogs/powerandpipes/2025/11/ferc-final-rules-to-sunset-certain-energy-regulationsThe Federal Energy Regulatory Commission (FERC) on October 1, 2025 finalized a final rule under Docket No. RM25-14 to sunset dozens of existing regulations affecting the electric and natural gas industries. This regulatory action was taken pursuant to Executive Order (EO) 14270, Zero-Based Regulatory Budgeting to Unleash American Energy, issued on April 9, 2025, and is open for comment through November 20, 2025.Wed, 05 Nov 2025 00:00:00 -06004e997730-ebcb-467c-8954-c3909a3daa5cEnergy & InfrastructureUnited StatesEnergyENEKirstin E. GibbsPamela T. WuErin McClellandhttps://www.morganlewis.com/blogs/asprescribed/2025/11/from-vulnerability-to-violation-fda-cybersecurity-requirements-for-medical-devices-and-fca-enforcementIn June 2025, the US Food and Drug Administration (FDA) issued a final guidance titled Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions (2025 Cybersecurity Guidance). This guidance updates the 2023 guidance of the same title with the agency’s interpretation of and compliance recommendations for new requirements for “cyber devices” under Section 524B of the Federal Food, Drug, and Cosmetic Act (FFDCA). These new statutory cybersecurity requirements, enacted in December 2022 as part of the Food and Drug Omnibus Reform Act (FDORA), are starting to take centerstage as the medical device sector begins to address new enforcement risks for cybersecurity deficiencies under more traditional fraud and abuse laws, such as the False Claims Act (FCA).Wed, 05 Nov 2025 00:00:00 -0600d49f65d3-a358-4b0b-ae7c-e28e4a893250FDA & HealthcareCybersecurity, Incident Response & PrivacyFalse Claims Act & Qui Tam LitigationUnited StatesLife SciencesFDAACCPLITAriel Z. SeeleyJonathan P. YorkHeather EganHannah Levinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/insight-insurance-and-the-entertainment-industryAs our colleagues Brad Nes and Sergio Oehninger discussed in a recent Insight, upcoming events such as the 2026 Men’s World Cup and Winter Olympics serve as a timely reminder to businesses involved in live events to consider and revisit the importance of insurance in minimizing unanticipated financial losses.Fri, 31 Oct 2025 00:00:00 -05000db35b73-8090-4e8c-bbff-086997953db2Cybersecurity, Incident Response & PrivacyInsurance RecoveryTechnology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologySportsInsuranceACCPLITOUTCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/contextualizing-marylands-new-data-privacy-act-a-conversation-with-ezra-church-and-rimsha-syedaThe Maryland Online Data Privacy Act (MODPA or the Act) took effect on October 1, 2025, making Maryland the most recent state to join the nationwide network of states with legislation protecting consumer data privacy. As part of our Spotlight series, Ezra Church, the leader of our privacy and cybersecurity litigation practice shares his insights into the MODPA requirements and nuances that companies should know.Wed, 29 Oct 2025 00:00:00 -0500d969097e-de92-4250-9366-a445ef8dfd02Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTEzra D. ChurchEric J. PennesiCooper J. Attighttps://www.morganlewis.com/blogs/upandatom/2025/10/speeding-up-deregulation-inside-oiras-new-streamlining-memorandumOn October 21, 2025, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget issued Memorandum M-25-36, Streamlining the Review of Deregulatory Actions . The directive sets shorter timelines, encourages the use of legal exemptions to bypass lengthy procedures, and reduces consultation requirements with stakeholders, signaling a renewed push by OIRA to cut regulatory red tape. While the memorandum is aimed at accelerating regulatory reform, agencies must balance the benefits of speed against the potential for reduced regulatory stability.Wed, 29 Oct 2025 00:00:00 -0500014799a5-ffc0-4301-94b5-4b4b36247949Energy & InfrastructureUnited StatesEnergyENEBrooke Poole ClarkJoseph Azeizathttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/agentic-ai-an-agent-of-change-in-the-ecommerce-spaceArtificial intelligence tools designed to perform a specific autonomous function with limited human interaction (commonly referred to as “agentic AI”) are changing the operation of myriad business processes , accelerating the rate at which organizations can handle data workflows and complex decision making. As AI agents transform into full-fledged virtual assistants, organizations are finding new ways to drive value by redesigning their enterprise’s digital landscape to accommodate and augment agentic AI. However, consumers and customers have increasingly been employing agentic AI to interact with companies of all sizes, highlighting that the use of agentic AI may no longer be a one-way road from businesses to customers.Tue, 28 Oct 2025 00:00:00 -05003a5962c4-2473-4ac3-9dc5-e8af112ed973TechnologyArtificial IntelligenceRetail & EcommerceCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/healthlawscan/2025/10/double-dose-of-regulation-the-impact-of-sb-351-and-ab-1415-on-california-healthcare-transactionsCalifornia Governor Gavin Newsom recently signed two new bills into law that formalize restrictions on medical and dental practice management platforms operated by private equity groups and hedge funds and increase the state’s oversight of certain healthcare transactions. SB 351 and AB 1415 reflect California’s increasing attention on private equity and hedge fund participation in the healthcare industry. The changes to the law under each bill will go into effect on January 1, 2026.Tue, 28 Oct 2025 00:00:00 -0500563f6dc1-7d9e-4d7a-a12d-d3fbf34acbabFDA & HealthcareHealthcare TransactionsMergers & AcquisitionsPrivate EquityAntitrust & CompetitionHealthcareHealthcare Private Equity & Strategic TransactionsFDACBTMAPEATRJeanna Palmer GunvilleQian (Susan) ZhuRachel L. LamparelliSydney MenackY. Frank RenSydney Reed Swansonhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/join-us-at-this-years-tech-and-sourcing-summitOn October 29, Morgan Lewis will be hosting the annual Tech & Sourcing Summit in New York. This full-day event will bring together our lawyers and industry leaders, focusing on this year’s theme: Navigating the Global Landscape through Innovation. A reception will follow the substantive portion of the program.Tue, 21 Oct 2025 00:00:00 -0500ae6f9c6d-7806-462f-9d59-9007231dffc0Technology Transactions, Outsourcing & Commercial ContractsCybersecurity, Incident Response & PrivacyTechnologyOUTACCPLITCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/healthlawscan/2025/10/remote-control-key-findings-and-implications-of-hhs-oigs-report-on-medicare-billing-for-rpmThe US Health and Human Services Office of Inspector General (OIG) recently released a report by its Office of Evaluation and Inspections highlighting significant trends and recommendations regarding billing for remote patient monitoring (RPM) in Medicare. The report acknowledges the growing adoption of RPM as a technology-based healthcare service while underscoring the importance of providers and the Medicare program adopting compliance-oriented safeguards when billing and paying for RPM services.Tue, 21 Oct 2025 00:00:00 -0500018029fb-83c6-4f1e-be7a-238f436fbaabFDA & HealthcareHealthcareFDAHoward J. YoungRachel L. LamparelliRoshni Edalurhttps://www.morganlewis.com/blogs/finreg/2025/10/uk-fca-consults-on-fund-tokenizationThe UK Financial Conduct Authority (FCA) published a consultation paper on tokenized funds (CP25/28) on October 15, 2025, proposing changes to its rules and guidance to enable authorized funds to use distributed ledger technology (DLT) and accelerate tokenization. This marks the first concrete step in implementing the “ Blueprint for Fund Tokenisation ” published by the Investment Association (IA) in November 2023, developed in collaboration with HM Treasury, the FCA, and industry stakeholders. The Blueprint set out a phased pathway for tokenization in the UK funds sector, with “Stage One” focused on moving unit registers onto DLT. The consultation now seeks to make that a reality.Fri, 17 Oct 2025 00:00:00 -050074da590a-103a-428d-8050-0138b846077bInvestment ManagementEuropeFintech & Digital AssetsInvestment FundsIMPGSteven LightstoneHubert de VauplaneTodd P. Zeregahttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/california-sets-sights-on-quantum-technology-and-its-not-aloneOn October 3, 2025, California Governor Gavin Newsom signed Assembly Bill 940 into law, with the announcement of new funding in an effort to establish a unified strategy in the state to help continue growing the quantum technology industry. AB 940 seeks to build on the state’s established presence in the sector: California is home to both National Science Foundation and US Department of Energy quantum federal research centers. Faster-than-expected innovation could see a surge in the quantum technology economy not just in California but the global economy overall.Thu, 16 Oct 2025 00:00:00 -0500fb523ac4-dafa-49bd-99f3-5bed861d50feTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyOUTCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/healthlawscan/2025/10/enforcement-notes-from-american-health-law-associations-fraud-and-compliance-forumRepresentatives from the defense bar and the healthcare and life sciences industry recently met for the American Health Law Association’s Fraud and Compliance Forum. The conference programming covered an array of topics for practitioners, ranging from the practical risks of and guidance for using artificial intelligence (AI) in clinical operations to discussions of commercial reasonableness and fair market value in compensation.Thu, 16 Oct 2025 00:00:00 -0500f99cee2a-1054-45de-b3f1-26168f6721e5FDA & HealthcareUnited StatesHealthcareFDAJonathan P. YorkB. Scott McBrideScott A. Memmotthttps://www.morganlewis.com/blogs/powerandpipes/2025/10/ladwps-350000-warning-why-accuracy-matters-in-reliability-complianceFERC recently approved a stipulation and consent agreement between the Los Angeles Department of Water and Power (LADWP) and Office of Enforcement and Regulatory Accounting to resolve an investigation into potential violations of the North American Electric Reliability Corporation (NERC) Rules of Procedure (ROP) and FERC regulations during a 2020 audit by the Western Electricity Coordinating Council. The settlement, and with it the large monetary penalty and additional compliance obligations, underscores the critical importance of transparency, accuracy, and truthfulness in reliability compliance monitoring and enforcement.Tue, 14 Oct 2025 00:00:00 -05000a565433-317a-4fea-905e-94d311a137f3Energy & InfrastructureUnited StatesEnergyENEJ. Daniel SkeesRobert P. GoldfinErin McClellandhttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2025/10/difc-court-changes-to-impact-employment-related-disputesThe Dubai International Financial Centre (DIFC) published a Practice Direction on October 9, 2025, which will have a significant impact on employment disputes in the DIFC with immediate effect. The Practice Direction noted a desire to enhance access to justice in employment-related disputes and to create a proportionate, fair, and efficient procedural framework within the DIFC courts.Mon, 13 Oct 2025 00:00:00 -050048e9a244-af50-4a87-bfa9-7f88dfe73e24Labor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/upcoming-webinar-on-ai-commercial-contracting-and-outsourcing-agreement-developmentsFrom routine commercial contracts to complex technology transactions and global outsourcing arrangements, terms relating to artificial intelligence remain a key point of negotiation in agreements of all sizes and across the full spectrum of subject matter.Mon, 13 Oct 2025 00:00:00 -0500bcc9ce2e-98e8-420f-90ca-f0cc1d51ac2cTechnology Transactions, Outsourcing & Commercial ContractsEuropeUnited StatesArtificial IntelligenceTechnologyOUTCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/cybersecurity-insurance-a-burgeoning-global-marketAccording to a 2025 report on cyber insurance trends published by Munich Re , the global cyber insurance market totaled $15.3 billion in 2024, and is expected to reach $16.3 billion by the end of 2025. Although these amounts are substantial in an absolute sense, the 2024 market valuation represents less than 1% of the global premium volume for property and casualty insurance in 2024. Cybersecurity’s comparative lack of representation in the global insurance premium market may stem from slower growth in the cybersecurity insurance market in the past few years. However, likely as a result of continued increases in digitization, cyber events occurring more frequently, and the regulatory framework evolving, cybersecurity insurance appears poised to grow at a more sustained pace, with Munich Re predicting the global premium volume for cybersecurity to average an annual growth rate of 10% per year through 2030.Fri, 10 Oct 2025 00:00:00 -0500ec646340-274e-40d2-b9ed-133c6e1cf674Cybersecurity, Incident Response & PrivacyInsuranceACCPLITCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/asprescribed/2025/10/fdas-evolving-complete-response-letter-disclosure-practices-impacts-and-considerationsWith the recent publication of numerous, previously unpublished complete response letters, coupled with its plans to increase these disclosures going forward, FDA has taken a significant step forward in its previously stated commitments to transparency. FDA has framed this initiative as a way to assist drug developers in learning from prior deficiencies, to ensure that the public has accurate information regarding FDA’s assessment of applications and to strengthen public trust in FDA’s decision-making. However, applicants should be aware of these changing practices, FDA’s obligations in regard to them, and proactively consider and potentially adjust current practices in reaction to this changing landscape.Wed, 08 Oct 2025 00:00:00 -05005b5f6010-fa00-4728-928a-67df81cd1043FDA & HealthcareLife SciencesFDAMaarika L. KimbrellAmanda S. WilliamsonAriel Z. Seeleyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/cppa-finalizes-new-package-of-regulationsIn a recent LawFlash, a team of Morgan Lewis lawyers discussed new regulations concerning automated decision-making technology (ADMT), cybersecurity audits, and risk assessments that were finalized by the board of the California Privacy Protection Agency (CPPA). While the CPPA also revised existing regulations, the new regulations impose additional requirements on businesses operating in California, particularly with respect to those using ADMT to make significant decisions without human involvement.Mon, 06 Oct 2025 00:00:00 -05003d1b43b2-7b31-4fa1-ab6e-6cfa1e92f49dCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsTechnologyACCPLITCooper J. AttigEric J. Pennesihttps://www.morganlewis.com/blogs/asprescribed/2025/10/marketing-medical-devices-navigating-increased-fda-scrutinyWith the US Food and Drug Administration’s (FDA) September 9, 2025 announcement that it will increase its enforcement of the Federal Food, Drug, and Cosmetics Act (FFDCA), its rules governing direct-to-consumer (DTC) prescription drug advertising, and the subsequent issuance of more than 100 “cease and desist” letters, the agency has demonstrated it believes that DTC marketing of prescription drugs may have gone too far and that it is committed to bringing the industry back into regulatory compliance.Fri, 03 Oct 2025 00:00:00 -050021c2fe6d-1431-4449-a1aa-cefcccf4d7a8FDA & HealthcareAdvertising & MarketingLife SciencesMedical DevicesFDALITAriel Z. Seeleyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/10/contracts-for-ai-agent-development-and-implementation-part-2-governance-and-accountabilityIn Part 1 of this series, we discussed why artificial intelligence (AI) agents present unique challenges for technology and outsourcing contracts. As businesses move from development to deploying them in real-world operations, contracts must grapple with governance and accountability issues, such as how these tools are monitored, managed, and held accountable.Wed, 01 Oct 2025 00:00:00 -0500fe5be99b-f2a5-40f7-8add-150ddbca95a7Technology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyTechnologyArtificial IntelligenceOUTTMTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/upandatom/2025/10/what-the-government-shutdown-means-for-the-nrc-and-its-licenseesThe federal government shut down at 12:01 am on October 1, 2025 in the absence of legislation to appropriate funds for government operations. In light of the temporary lapse of appropriations, agencies including the US Nuclear Regulatory Commission have suspended certain agency activities.Wed, 01 Oct 2025 00:00:00 -05005e0bd649-70d4-4c81-849e-53ec8f9b98b6Energy & InfrastructureEnergyENEBrooke Poole ClarkTimothy P. MatthewsJane Accomandohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/navigating-technology-disputes-and-risk-allocation-in-aerospace-and-defense-a-conversation-with-michelle-pectorAs aerospace and defense programs become increasingly reliant on complex, multitiered supply chains and emerging technologies, disputes over intellectual property, supply, pricing, and performance are on the rise. To better understand the litigation landscape we spoke with Michelle Pector, a partner in our Houston office. Michelle is a seasoned trial lawyer and trusted counselor who serves as co-chair of the firm’s aerospace and defense industry team and leader of the energy litigation practice.Thu, 25 Sep 2025 00:00:00 -05009f1e1107-1498-43d3-88f8-b9b1e21b5ec4Technology Transactions, Outsourcing & Commercial ContractsTechnologyAerospace & DefenseOUTAnastasia DergachevaMichael R. PfeufferMichelle Pectorhttps://www.morganlewis.com/blogs/upandatom/2025/09/advancing-transatlantic-nuclear-collaboration-a-new-era-of-us-uk-partnershipIn connection with President Donald Trump’s recent state visit to the United Kingdom, the United States and the United Kingdom unveiled a slate of new and expanded agreements designed to accelerate cooperation in nuclear energy, advanced technologies, and professional engagement. These deals are intended to be a significant step forward in our longstanding transatlantic alliance, aligning regulatory efforts, advancing innovation, and reinforcing the shared goal of a secure, clean energy future.Tue, 23 Sep 2025 00:00:00 -050001133abf-dbdb-4feb-8c53-d40c213276c7Energy & InfrastructureEnergyENEJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/copyright-and-ai-controlling-rights-and-managing-risksAs companies expand their use of artificial intelligence, copyright law has become a central area of risk and uncertainty. Building on a recent Tech Marathon webinar presented by Morgan Lewis, we highlight key takeaways from recent court decisions testing fair use in AI training as well as legislative proposals on copyright disclosure and digital replicas. The landscape is shifting quickly, and technology lawyers should be prepared to help clients evaluate AI-related rights and manage risks in transactions.Tue, 23 Sep 2025 00:00:00 -0500e85948ad-f4ea-4071-8052-a62f1df5f6d2Intellectual PropertyTechnology Transactions, Outsourcing & Commercial ContractsTrademark, Copyright, Advertising Litigation & Brand ManagementUnited StatesArtificial IntelligenceTechnologyIPOUTTRCUCTSJoshua M. DaltonColleen GaninMichael R. Pfeufferhttps://www.morganlewis.com/blogs/datacenterbytes/2025/09/nuclear-powered-data-centers-get-a-boost-from-us-uk-tech-collaborationA landmark set of US-UK agreements signed during US President Donald Trump’s 2025 state visit is poised to accelerate deployment of advanced nuclear technologies—and with it, nuclear-powered infrastructure like data centers. As part of the broader Technology Prosperity Deal, the United States and United Kingdom committed to developing secure AI infrastructure, including high-performance computing and data centers that will be increasingly powered by clean, reliable nuclear energy. This collaboration highlights how advanced reactors can play a central role in supporting the energy-intensive AI and digital economy.Tue, 23 Sep 2025 00:00:00 -05008ae83845-b40e-4a6e-b1d3-5bdfce83ba22Energy & InfrastructureData CentersArtificial IntelligenceTechnologyENEJane AccomandoErin McClellandhttps://www.morganlewis.com/blogs/powerandpipes/2025/09/ferc-terminates-proceeding-to-update-1999-certificate-policy-statementOn September 12, 2025, the Federal Energy Regulatory Commission (FERC) terminated the proceeding in which it issued an updated policy statement that explained how FERC’s approach to considering applications to construct new interstate natural gas transportation facilities under Section 7 of the Natural Gas Act (Updated Certificate Policy Statement) would differ from the approach described in a policy statement issued in 1999 (1999 Certificate Policy Statement).Fri, 19 Sep 2025 00:00:00 -0500b9a5dc80-4e2e-42bf-b0ec-06677422027aEnergy & InfrastructureEnergyENEPamela T. WuKirstin E. GibbsErin McClellandhttps://www.morganlewis.com/blogs/upandatom/2025/09/doe-officially-welcomes-singapore-and-the-philippines-to-the-generally-authorized-clubOn September 16, 2025, the US Department of Energy published a secretarial determination in the Federal Register that officially adds Singapore and the Philippines to the list of generally authorized destinations in Appendix A to 10 CFR Part 810. This action represents a meaningful development that will ease the way for US civil nuclear exports to two key partners in Southeast Asia.Tue, 16 Sep 2025 00:00:00 -0500eb9f5e30-7168-441c-899b-b10534b50314Energy & InfrastructureEnergyENEAlex PolonskyJoseph Azeizathttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2025/09/navigating-employment-in-the-middle-east-adgm-part-1Our multipart webinar series Navigating Employment Law in the Middle East recently kicked off with a session looking at the applicable employment regulations and immigration processes within the Abu Dhabi Global Market for new employees. In this blog post, find some of the key takeaways from this webinar and be sure to join us for our future webinars.Tue, 16 Sep 2025 00:00:00 -05004c135073-7f97-4b45-9b93-b6c6c06118c5Labor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/cyberinsurance-requirements-in-tech-transactions-balancing-risk-and-market-practiceAs ransomware threats, data breach litigation, and supply chain cybersecurity concerns become increasingly more common and costly, buyers of tech, SaaS, and outsourcing services are giving far more weight to cyberliability insurance requirements in their contracts. While cyberinsurance provisions are becoming a routine point of negotiation in technology and outsourcing agreements, expectations on coverage, limits, and scope may vary widely.Mon, 15 Sep 2025 00:00:00 -050095472c41-e982-4b5b-88e7-f9ba95b633bbTechnology Transactions, Outsourcing & Commercial ContractsCommercial ContractsEuropeTechnologyInsuranceOUTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/asprescribed/2025/09/fda-announces-crackdown-on-dtc-advertising-what-it-means-for-pharma-and-what-comes-nextThe White House issued a memorandum on September 9, 2025 directing the secretary of the US Department of Health and Human Services (HHS) and the commissioner of the US Food and Drug Administration (FDA) to significantly increase its enforcement of the Federal Food, Drug, and Cosmetics Act (FFDCA) and its rules governing direct-to-consumer (DTC) prescription drug advertising. In response, FDA issued an announcement regarding planned rulemaking and more immediate enforcement actions and strategies.Mon, 15 Sep 2025 00:00:00 -0500394302d3-b3e9-44f8-8630-a3eabd15e71fFDA & HealthcareLife SciencesFDAMaarika L. KimbrellJacqueline R. BermanMichele L. BuenafeScott A. MemmottAriel Z. SeeleySydney Menackhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/eu-data-act-begins-september-12-impacting-cloud-services-connected-products-and-other-data-industriesThe EU Data Act’s implementation date is already upon us. That’s right, it becomes applicable, in part , on September 12, 2025, marking a major milestone in Europe’s data transformation journey, impacting cloud services, connected products and other data-driven industries.Thu, 11 Sep 2025 00:00:00 -0500733d3ab4-0492-4b5a-bab3-f9c0d9c8cc52Technology Transactions, Outsourcing & Commercial ContractsTechnologyOUTVishnu ShankarMichael R. PfeufferAnastasia Dergachevahttps://www.morganlewis.com/blogs/mlbenebits/2025/09/management-corner-restrictive-covenant-considerations-for-executives-in-corporate-transactionsIn July 2025, we published an article (see link below) that discussed considerations relating to rollover and incentive equity in management representations in private equity transactions. This blog post addresses additional considerations for executives or teams of executives relating to restrictive covenants.Thu, 11 Sep 2025 00:00:00 -0500499cb157-5e1e-4b03-9c94-f5e5221f18e8Labor, Employment & BenefitsPrivate EquityMergers & AcquisitionsExecutive CompensationExecutive & Management Team RepresentationEBLBRPECBTMAAustin S. LillingPatrick RehfieldEmily Jordanhttps://www.morganlewis.com/blogs/powerandpipes/2025/09/doe-urges-ferc-to-rescind-draft-policy-update-on-new-interstate-natural-gas-facilitiesOn August 29, 2025, the US secretary of energy proposed a significant regulatory shift regarding the certification process for new interstate natural gas facilities. In a letter submitted to FERC, the secretary recommended terminating the ongoing policy proceeding in Docket Nos. PL18-1-000 and PL18-1-001 and therefore rescind the 2022 draft Updated Certificate Policy Statement. Instead, the secretary advocates for continued reliance on the longstanding 1999 Certificate Policy Statement, which remains in effect.Fri, 05 Sep 2025 00:00:00 -05009dc7c66e-f5a5-4575-b62e-aeb172cb59f8Energy & InfrastructureEnergyENEKirstin E. GibbsErin McClellandhttps://www.morganlewis.com/blogs/powerandpipes/2025/09/on-the-road-again-newly-issued-nevi-guidance-revives-opportunities-for-ev-charging-sectorAs 2025 approaches its last quarter, a look back at the electric vehicle (EV) market in the United States reveals an initially murky picture that is overshadowed by several recent developments boding well for EV market participants. Although the first several months of 2025 were littered with government actions that prompted some to predict the demise of the US EV market, more recent developments paint a different picture.Fri, 05 Sep 2025 00:00:00 -0500fa187ce7-b831-48e4-a489-b118648fd117Energy & InfrastructureAutomotive & MobilityElectric & Zero-Emissions VehiclesENELevi McAllisterhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/contracts-for-ai-agent-development-and-implementation-part-1-setting-the-stageAs businesses move quickly to adopt artificial intelligence agents, contracts for their development and implementation raise novel questions around ownership, accountability, and risk. In this first post of a two-part series, we explore why these issues matter and what technology and sourcing lawyers should be considering as clients engage vendors in this emerging space.Thu, 04 Sep 2025 00:00:00 -0500c00c7936-5737-4b28-b481-491983b40dfbTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyArtificial IntelligenceTMTOUTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/executive-order-seeks-to-reform-college-sportsIn 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.Thu, 04 Sep 2025 00:00:00 -0500aebc6f3f-4424-4876-8ff9-43ca125add95Technology Transactions, Outsourcing & Commercial ContractsUnited StatesTechnologyOUTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/asprescribed/2025/09/vaccine-suspension-fda-leans-into-its-withdrawal-toolbox-but-will-it-invite-challengesOn August 22, 2025, FDA suspended the biologics license for Ixchiq, one of only two marketed chikungunya vaccines. The decision to suspend comes only a few weeks after FDA approved a Safety Labeling Change supplemental biologics license application for the vaccine product, due in part to subsequent VAERS reports of “chikungunya-like illness” in relatively healthy individuals under the age of 65.Thu, 04 Sep 2025 00:00:00 -050017e7dd41-e962-4144-b3d9-4850646ab68eFDA & HealthcareLife SciencesFDAMaarika L. KimbrellOwen G. Hosseinzadehhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/09/technology-marathon-ai-legal-outlook-what-is-new-and-next-trackJoin us for our Technology Marathon, an annual series of tailored webinars focused on hot topics, trends, and key developments in the technology industry that are of essential importance to our friends and clients. Now in its 15th year, our expansive curriculum kicked off after AI Boot Camp in April and continues into December.Tue, 02 Sep 2025 00:00:00 -05003af140b2-d638-458c-af02-00d81283c957Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyArtificial IntelligenceTMTOUTMichael R. PfeufferAnastasia Dergachevahttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/eba-proposes-extending-outsourcing-requirements-to-all-third-party-arrangementsThe European Banking Authority (EBA) recently published a consultation paper (Consultation) that proposes to expand third-party risk management requirements for certain EU-regulated financial entities. The Consultation would extend the EBA’s current guidelines around outsourcing arrangements (EBA Guidelines) to all third-party services arrangements, excluding those services that are within scope of the EU Digital Operational Resilience Act (DORA), and would add further requirements to the existing guidelines, aligning with those requirements introduced under DORA.Thu, 28 Aug 2025 00:00:00 -0500cbc43ec2-1671-4959-a674-66095e7a41eeTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTOUTCharlotte Cavendishhttps://www.morganlewis.com/blogs/mlbenebits/2025/08/preparing-for-a-successful-annual-benefits-enrollmentAnnual benefits enrollment, which for many companies will be in the coming months, typically lasts one to two weeks, but the preparation process begins several months in advance. For human resources (HR) and benefits teams, this period often involves a complex blend of strategic planning, system updates, vendor coordination, and employee communications. A well-executed enrollment period ensures that employees understand their options and are equipped to make informed decisions for themselves and their families.Thu, 28 Aug 2025 00:00:00 -0500651060eb-615f-4370-a830-f92ea993f2a8Labor, Employment & BenefitsRetirement Plan Design & Administration Health and Welfare Plan Design & AdministrationExecutive CompensationMultiemployer PlansEmployee Stock Ownership PlansEBLBREBMEPESOPSaghi FattahianLaurie Pricehttps://www.morganlewis.com/blogs/datacenterbytes/2025/08/the-ai-data-center-boom-why-insurance-coverage-mattersThe explosive growth of artificial intelligence has fueled a surge in data center projects across the United States, with industry forecasts projecting $475 billion in spending for 2025 alone and trillions more over the next decade. Recent federal initiatives, including streamlined permitting and funding through the administration’s AI Action Plan, are expected to accelerate this trend.Wed, 27 Aug 2025 00:00:00 -0500891f4371-ed07-4166-a482-823d15e374b9Insurance RecoveryCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsData CentersArtificial IntelligenceTechnologyLITACCPSergio F. OehningerGarrett S. Nemeroffhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/navigating-the-uks-online-safety-act-implications-for-global-digital-servicesThe United Kingdom’s Online Safety Act (OSA or the Act), which received Royal Assent in October 2023, establishes a new statutory framework to address harmful online content, protect children, and promote accountability among digital service providers. For counsel advising platforms, publishers, and other organizations operating in the digital space, the OSA introduces a complex set of compliance considerations, particularly given its extraterritorial scope, risk-based obligations, and substantial enforcement powers.Tue, 26 Aug 2025 00:00:00 -0500a8f39d05-916f-40ab-bfb5-7f113abe9f25Intellectual PropertyTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyIPTMTACCPLITOUTRahul KapoorCharlotte CavendishChristina Rennerhttps://www.morganlewis.com/blogs/datacenterbytes/2025/08/unlocking-opportunities-private-equity-and-data-centers-august-28-webinarThe private equity landscape in the data center sector is evolving rapidly, with increasing demand for digital infrastructure fueling record levels of investment. To help investors and advisors navigate this dynamic market, we’re hosting an exclusive session as part of our In the Know: Private Equity – 2025 Webinar Series.Tue, 26 Aug 2025 00:00:00 -0500cf5db932-b102-4ddf-ba0d-b5cdf12e7b47Private EquityUnited StatesData CentersTechnologyPEJane AccomandoKelly G. KuschelBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/upandatom/2025/08/us-states-continue-to-generate-nuclear-legislationThroughout 2025, several US states have taken steps to facilitate development of new nuclear reactors. Complementing several recent executive orders of the US administration in support of nuclear energy, including plans to bring new test reactors online by summer 2026 as part of the Reactor Pilot Program, states such as Illinois, Nebraska, Tennessee, Texas, and Virginia have also signaled support for nuclear energy through legislation, grants, and utility initiatives.Tue, 26 Aug 2025 00:00:00 -05006f1d0310-a703-4c46-a117-1431b7400615Energy & InfrastructureEnergyENEJane AccomandoPatrick R. Pennellahttps://www.morganlewis.com/blogs/shiftingsandsoflaborlaw/2025/08/abu-dhabi-court-of-cassation-ruling-a-significant-shift-in-annual-leave-rightsThe Abu Dhabi Court of Cassation has ruled that an employer must compensate a former employee for 13 years of unused annual leave, departing from the two-year limit typically applied by lower courts.Mon, 25 Aug 2025 00:00:00 -0500f4032765-7828-4ed1-8f73-22540a9984f7Labor, Employment & BenefitsGlobal Employment & ImmigrationMiddle EastUnited Arab EmiratesEBLBRIMMRebecca FordLisa Merodhttps://www.morganlewis.com/blogs/mlbenebits/2025/08/dol-rescinds-guidance-on-erisa-plan-sponsor-vendor-diversity-programThe US Department of Labor (DOL) has withdrawn prior guidance from 2023 supporting racial equity programs aimed at increasing racial diversity in a plan’s asset manager pool. That prior guidance had provided comfort to plan sponsors with vendor diversity programs that offering such a program would not necessarily be disfavored by the DOL. In Advisory Opinion 2025-01A, the DOL expressly rescinded its 2023 advisory opinion.Fri, 22 Aug 2025 00:00:00 -0500555308be-c138-445f-a43d-ce92fe113f6aLabor, Employment & BenefitsERISA Fiduciary DutyERISA/Employee Benefits LitigationEBLBRERISAElizabeth S. GoldbergRachel Mann https://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/uk-ico-commences-consultations-on-cookies-and-online-advertisingThe UK Information Commissioner’s Office has launched two consultations as part of the transition to the Data User and Access Act framework. These consultations will be of particular interest to organisations operating UK-facing websites, analytics tools, and online advertising services.Fri, 22 Aug 2025 00:00:00 -05005b6d7e99-3046-44ec-86f3-fc0e2cdaf48dIntellectual PropertyTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyIPTMTACCPLITOUTRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/residuals-clauses-vs-feedback-licenses-getting-the-balance-right-in-ip-agreementsClauses dealing with intellectual property (IP) rights in commercial agreements can present nuanced challenges, particularly when they relate to information exchange. Two such clauses that often surface in technology contracts are residuals clauses and affirmative feedback licenses. While both relate to information shared during the course of a commercial relationship, they serve very different purposes and have distinct implications for IP ownership, confidentiality, and future use.Wed, 20 Aug 2025 00:00:00 -0500de9351b1-c6bb-4d71-9503-7e1d828e41beTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/asprescribed/2025/08/a-clearer-path-from-fda-for-minor-changes-to-solid-oral-dosage-forms-for-otc-monograph-drugsRecent FDA actions offer long-awaited clarity on what constitutes a ‘minor change’ to solid oral OTC dosage forms, providing manufacturers with a clearer pathway for certain modifications while maintaining a measured, incremental approach to innovation. The FDA docket is open until October 3 for comments.Fri, 15 Aug 2025 00:00:00 -0500567e36d4-581d-4e77-b5a7-1eb5f82960ffFDA & HealthcareLife SciencesFDASydney Menackhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/key-takeaways-from-the-crowdstrike-global-threat-report-2025Published in August 2025, the CrowdStrike Global Threat Report 2025 provides a detailed overview of the evolving cyber threat landscape, drawing on data from millions of endpoints and cloud workloads worldwide.Fri, 15 Aug 2025 00:00:00 -050092a8e1fb-a293-4c5a-88b3-6ce7cc858b5dTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/mlbenebits/2025/08/latest-executive-order-could-redefine-retirement-investingThe US administration recently issued an executive order to expand access to alternative investments in ERISA-governed retirement accounts. The order titled Democratizing Access to Alternative Investments for America's Workers aims to modernize retirement plan investment options by including alternative investments, such as private equity, private credit, real estate, and digital assets like cryptocurrency, as designated investment alternatives.Thu, 14 Aug 2025 00:00:00 -0500be94d5cf-8b4f-4857-aed6-a14b1f43cb43Labor, Employment & BenefitsInvestment ManagementRetirement Plan Design & AdministrationPrivate EquityCorporate, Finance & Investment ManagementERISA Fiduciary DutyReal EstateEBLBRIMPGPECBTERISASECCraig A. BitmanElizabeth S. GoldbergMarla J. KreindlerMichael B. RichmanJulie K. StapelStephen C. TirrellNaina G. KamathRachel Mann https://www.morganlewis.com/blogs/mlbenebits/2025/08/irs-guidance-on-uncashed-and-reissued-checks-an-opportunity-to-review-payment-practicesIn a release that was fairly unsurprising in content, the Internal Revenue Service issued Revenue Ruling 2025-15 to address a payor’s tax withholding and reporting obligations with respect to stale and reissued retirement plan distribution checks. Importantly, to the extent that payors have been following the IRS’s prior guidance in Revenue Ruling 2019-19 and the existing reporting and withholding regulations, the ruling does not require any changes to existing practices.Wed, 13 Aug 2025 00:00:00 -0500372ec03f-2bed-470b-8933-95681f6d830eLabor, Employment & BenefitsEBLBRMatthew H. HawesAnna M. Pomykalahttps://www.morganlewis.com/blogs/datacenterbytes/2025/08/white-house-issues-executive-order-to-fast-track-data-center-developmentIn a major move to bolster US digital infrastructure, the White House issued an executive order on July 23, 2025 aimed at accelerating the federal permitting process for data centers and related infrastructure. The order is part of a broader strategy to support rapid deployment of artificial intelligence (AI) technologies and meet growing power demands.Wed, 13 Aug 2025 00:00:00 -05000ed74c64-9fdf-4030-987c-aa04597e434aReal EstateEnergy & InfrastructureTelecommunications, Media & TechnologyTechnologyEnergyData CentersSECENETMTJane AccomandoUlises R. PinBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/asprescribed/2025/08/doj-announces-first-fca-settlement-with-medical-device-company-for-cybersecurity-violationsThe US Department of Justice’s settlement with Illumina, Inc. is a first-of-its-kind involving alleged cybersecurity deficiencies causing violations of the False Claims Act (FCA) based on FDA quality standards. The cybersecurity framework, typically seen in other industries such as defense contracting, serves as a warning to companies in the life sciences, medtech, and digital health space that DOJ and the whistleblower bar are expanding the scope of this flavor of FCA enforcement and should prepare accordingly.Tue, 12 Aug 2025 00:00:00 -0500573f2655-0ba7-4f95-94aa-ff3caa653f86FDA & HealthcareLife SciencesFDAJonathan P. YorkMichele L. BuenafeB. Scott McBrideScott A. Memmotthttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/from-checkout-to-crisis-subcontractor-risk-in-retail-contractsToday’s retail operations depend on far more than the products on store shelves or the design of an ecommerce site. Behind the scenes, a fulfilment provider may rely on regional couriers, a payment processor on a cloud host, and a call center on an outsourced customer service team. These multi-tiered networks enable retailers to meet rising expectations for speed, convenience, and availability, but they also introduce points of failure that can disrupt service, delay deliveries, or compromise sensitive customer data.Tue, 12 Aug 2025 00:00:00 -05003b1013d6-796f-4f93-9491-196e34a5af81Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/asprescribed/2025/08/fdas-new-priority-voucher-program-for-drug-developers-ties-incentives-to-defined-national-interestsThe US Food and Drug Administration recently announced the launch of a regulatory incentive pilot program, the Commissioner’s National Priority Voucher Program (CNPVP), designed to reward drug and biologic sponsors that align their development activities with specific US national interests.Mon, 11 Aug 2025 00:00:00 -0500adc23417-cb41-46ac-b723-5ca7e215808eFDA & HealthcareLife SciencesFDAMaarika L. Kimbrellhttps://www.morganlewis.com/blogs/welldone/2025/08/new-texas-legislation-on-color-additives-takeaways-for-industryAs we have previously discussed , state and federal government authorities are turning their attention toward artificial coloring in foods. Most recently, Texas Governor Greg Abbott signed into law SB 25 targeting the sale of foods containing certain color and food additives in the state. SB 25, set to take effect on January 1, 2027, differs from legislation passed in California, Utah, and West Virginia in certain key respects.Mon, 11 Aug 2025 00:00:00 -050098de21ed-66f7-4d8b-ab62-f45d5016aeb3FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/the-data-use-and-access-act-2025-a-strategic-update-to-uk-data-privacy-regulationsOn 19 June 2025, the UK Parliament enacted the Data (Use and Access) Act 2025 (DUAA), marking the most significant UK data protection reform since the UK General Data Protection Regulation (UK GDPR). Rather than overhauling the current regime, DUAA introduces targeted amendments to the UK GDPR, the Data Protection Act 2018, and Privacy and Electronic Communications Regulations (PECR), aiming to support responsible data use while preserving core privacy protections.Fri, 08 Aug 2025 00:00:00 -05002ff58c9a-fdcf-49fc-9143-fce6ba213173Intellectual PropertyTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyIPTMTACCPLITOUTRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/healthlawscan/2025/08/ninth-circuit-ruling-confirms-strength-of-the-eliminating-kickbacks-in-recovery-actSince its enactment in 2018, the Eliminating Kickbacks in Recovery Act (EKRA) has rapidly gained momentum as a powerful tool against healthcare kickbacks. By 2020, the US Department of Justice (DOJ) had already secured its first EKRA conviction. This relatively young law, aimed at curbing patient brokering in laboratories, recovery centers, and treatment facilities, carries hefty penalties and, unlike older statutes, applies even to services billed to private insurance.Wed, 06 Aug 2025 00:00:00 -050043c089f3-1d9c-4d07-81a9-b324cabafc4aFDA & HealthcareLife Sciences TransactionsHealthcareFDALSScott A. Memmotthttps://www.morganlewis.com/blogs/upandatom/2025/08/nrc-nepa-overhaul-agency-plans-to-amend-regulations-in-10-cfr-part-51The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and policies. The NRC’s efforts are intended to streamline its NEPA process, consistent with broader federal agency trends, and implement efficiencies mandated by the Fiscal Responsibility Act of 2023 (FRA).Wed, 06 Aug 2025 00:00:00 -0500761b6bf4-1160-4fe4-991e-cce9842adfb4Energy & InfrastructureEnergyENERyan K. LightyRobert P. Goldfinhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/08/upcoming-digital-assets-webinar-dawn-of-the-genius-eraJoin us for an enlightening webinar hosted by Morgan Lewis, Dawn of the GENIUS Era: Crypto Week, Stablecoin Summer, and What's to Come, at 11:00 am–12:00 pm EST on August 6, 2025.Tue, 05 Aug 2025 00:00:00 -0500fb2df540-a44f-4f54-b02a-1d0cfe4d29a9Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsCybersecurity, Incident Response & PrivacyIntellectual PropertyTechnologyTMTOUTACCPLITIPRahul KapoorCharlotte Cavendishhttps://www.morganlewis.com/blogs/healthlawscan/2025/07/oigs-advisory-opinion-no-25-08-negative-opinion-highlights-potential-broad-reach-of-aksIn a relatively rare move, the US Department of Health and Human Services Office of Inspector General (OIG) recently issued an unfavorable Advisory Opinion (No. 25-08) (Opinion) reinforcing the agency’s expansive view of the federal Anti-Kickback Statute (AKS).Thu, 31 Jul 2025 00:00:00 -050015070886-e6bc-4bbf-87ab-f61777f78104FDA & HealthcareHealthcareFDAJonathan P. YorkRachel L. Lamparellihttps://www.morganlewis.com/blogs/asprescribed/2025/07/orphan-drugs-big-breaks-the-quiet-carve-out-in-the-one-big-beautiful-bill-actThe One Big Beautiful Bill Act takes a big step in the rare disease space by expanding the contours of the orphan drug exclusion, a once narrow exception that permitted manufacturers of rare disease drugs and biologics to be insulated from consideration in Medicare drug price negotiations. By redefining the qualifications for negotiation eligibility, the bill hopes to create opportunity for renewed innovation for orphan drug products.Wed, 30 Jul 2025 00:00:00 -05009e7ff9e2-4d5f-4d39-938e-b51741cd4659FDA & HealthcareLife SciencesFDAKathleen M. SanzoRachel L. Lamparellihttps://www.morganlewis.com/blogs/welldone/2025/07/processed-food-industry-in-the-crosshairs-fda-and-usdas-ultra-processed-food-request-for-informationLast week’s issuance of a request for information (RFI) in the Federal Register by the FDA and the US Department of Agriculture (USDA) marks the first step in the administration’s effort to address health concerns associated with the consumption of ultra-processed foods (UPF). As part of this process, the administration is seeking public involvement to help establish a uniform definition of UPFs. The notice consists of a series of questions about the criteria that should be used to define the term UPF (e.g., ingredients, processing methods, or nutritional attributes) but does not explain how the agencies intend to use the ultimate definition.Wed, 30 Jul 2025 00:00:00 -05005666885c-1b51-46cf-8b17-4df13c91275cFDA & HealthcareLife SciencesFDAKathleen M. SanzoAriel Z. Seeleyhttps://www.morganlewis.com/blogs/powerandpipes/2025/07/trade-enforcement-developments-in-us-clean-energy-supply-chainsRecent actions by the US Department of Commerce (Commerce) signal growing trade enforcement momentum across critical segments of the clean energy supply chain. Through a combination of new investigations and preliminary determinations, the agency is expanding its scrutiny of imported materials such as polysilicon, solar modules, and battery components—all central to US decarbonization and domestic manufacturing goals.Wed, 30 Jul 2025 00:00:00 -0500450510d4-73fc-401d-b7e9-6f2881066641Energy & InfrastructureESG & Sustainability AdvisoryInternational Trade & National SecurityEnergyENECasey WeaverCarl A. ValensteinKatelyn M. Hilfertyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/americas-ai-action-plan-implications-for-data-center-expansionOur 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.Tue, 29 Jul 2025 00:00:00 -0500db180043-cfef-4324-bd73-74d412e187ccTelecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyArtificial IntelligenceData CentersTMTOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/datacenterbytes/2025/07/americas-ai-action-plan-encourages-reforms-for-rapid-data-center-buildoutThe US administration released its Artificial Intelligence (AI) Action Plan (Plan) on July 23, 2025. This Plan seeks to encourage innovation in AI along with an aggressive buildout of AI data centers, as well as the energy infrastructure needed to power them.Fri, 25 Jul 2025 00:00:00 -0500c56c91a2-b819-4eda-8807-be080412cef0Energy & InfrastructureEnergyTechnologyArtificial IntelligenceData CentersENEJane AccomandoScott D. Clausenhttps://www.morganlewis.com/blogs/mlbenebits/2025/07/one-big-beautiful-bill-impact-on-welfare-benefitsPresident Donald Trump signed the One Big Beautiful Bill (OBBB) into law on July 4, 2025. The OBBB is a wide-ranging piece of legislation that introduces significant reforms across multiple areas of federal policy, including changes affecting group health plans in the areas of telehealth coverage and dependent care assistance.Fri, 25 Jul 2025 00:00:00 -0500a1b6d770-cf64-4de8-89b0-2287191e4153Labor, Employment & Benefits Health and Welfare Plan Design & AdministrationEBLBRSaghi FattahianAllison J. Fepelstein Lindsay M. GoodmanKimberly J. Boggshttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/lawyers-using-math-understanding-and-implementing-differential-privacy-for-big-dataIn 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.Thu, 24 Jul 2025 00:00:00 -0500dbe89bad-24a4-4597-98dd-45a401b9ec9cTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/report-on-the-dojs-data-security-program-enforcementIn a recent report , a team of Morgan Lewis lawyers discussed enforcement of the US Department of Justice’s (DOJ’s) Data Security Program (DSP). The report outlines critical considerations for companies and entities that may be affected by the extensive requirements of this national security initiative.Wed, 23 Jul 2025 00:00:00 -0500560b1367-acd5-40b3-8be1-4a6cffdf6d2cTelecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-more-than-doubles-duration-of-reactor-design-certificationsThe US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on September 15, 2025, unless the NRC receives significant adverse comments from the public.Fri, 18 Jul 2025 00:00:00 -0500deda215d-0e22-4260-9096-42ce8485726fEnergy & InfrastructureEnergyENEJane AccomandoLea M. Giottohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/navigating-the-2025-cybersecurity-landscape-data-breaches-rising-costs-and-cisas-evolving-roleIn June 2025, cybersecurity researchers discovered a leak of 16 billion passwords in one of the largest data breaches ever, impacting a wide range of platforms and placing billions of users’ information at risk. This incident underscores the urgent need for companies to adopt proactive cybersecurity measures and remain vigilant in the face of evolving threats.Thu, 17 Jul 2025 00:00:00 -0500ff296190-a0d6-4ecf-8572-91c86a113e30Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyTMTACCPLITOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/texas-becomes-latest-state-to-regulate-ai-governanceIn a recent LawFlash, a team of Morgan Lewis lawyers wrote on the enactment of the Texas Responsible Artificial Intelligence Governance Act (TRAIGA), which will enter into force on January 1, 2026. This legislation marks a significant step in regulating artificial intelligence (AI) technologies within the state of Texas. TRAIGA is broad in scope: applicable to any individual or entity, including government agencies, developing AI systems in Texas, offering a product or service used by Texas residents, or promoting, advertising, or conducting business in the state.Wed, 16 Jul 2025 00:00:00 -05009bd2612a-a7bb-4ab3-8b5d-67ced7f15944Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyTMTACCPLITOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/asprescribed/2025/07/fdas-shifting-stance-on-public-disclosure-of-nda-and-bla-complete-response-letters-how-far-will-it-goThe US Food and Drug Administration has announced a renewed focus on a long-considered issue—whether FDA should release complete response letters (CRLs) issued to drug or biologic applicants. Specifically, on July 10, 2025 FDA compiled and released more than 200 CRLs issued between 2020 and 2024 for approved new drug application (NDA) and biologics license application (BLA) products. Improving on past agency practice, these CRLs are now located within a single database, providing the public with easy access to a trove of information regarding FDA’s thinking when making approval decisions.Tue, 15 Jul 2025 00:00:00 -0500a95a347a-38bf-4a7a-83bd-943259e8c187FDA & HealthcareLife Sciences TransactionsHealthcareLife SciencesFDALSMaarika L. KimbrellJacqueline R. BermanFrederick L. BlockDavid G. GlazerCarolyn M. Welshhanshttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/as-data-centers-grow-so-do-their-legal-challengesA 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.Thu, 10 Jul 2025 00:00:00 -05005a4accd1-fe31-42f1-8f8a-b6371492c86dA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/new-york-seeks-to-raise-the-bar-on-ai-regulationNew York state lawmakers on June 12, 2025 passed the Responsible AI Safety and Education Act (the RAISE Act), which aims to safeguard against artificial intelligence (AI)-driven disaster scenarios by focusing on the largest AI model developers; the bill now heads to the governor’s desk for final approval. The RAISE Act is the latest legislative movement at the state level seeking to regulate AI, a movement that may continue to gain momentum after a 10-year moratorium on AI regulation was removed from the recently passed One Big Beautiful Bill.Wed, 09 Jul 2025 00:00:00 -05000ffd2866-233f-4485-adcc-5d1d3ab92378Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyArtificial IntelligenceTMTACCPLITOUTCooper J. AttigA. Benjamin Klaberhttps://www.morganlewis.com/blogs/welldone/2025/07/fda-updates-food-labeling-compliance-program-what-it-means-for-food-manufacturersIn June 2025, the US Food and Drug Administration (FDA) announced a major update to its General Food Labeling Requirements Compliance Program—the first overhaul of this program since 2010. This program guides FDA inspectors in evaluating food labels during both domestic and import inspections.Mon, 07 Jul 2025 00:00:00 -0500a8102432-b321-466a-8b34-0611ff95cb03FDA & HealthcareUnited StatesLife SciencesFDAKathleen M. SanzoFranco A. Corradohttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-finalizes-fy-2025-fee-rule-with-significant-break-for-advanced-reactor-applicantsThe US Nuclear Regulatory Commission (NRC) recently issued a final rule amending the licensing, inspection, special project, and annual fees for applicants and licensees for FY 2025, aligning with fee-related provisions in both the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act and the Nuclear Energy Innovation and Modernization Act (NEIMA). Notably, the rule introduces a targeted hourly rate reduction for advanced nuclear reactor developers, aimed at encouraging innovation while preserving full-cost recovery for routine regulatory functions.Mon, 07 Jul 2025 00:00:00 -05000867ca7e-868d-4fd1-8c53-46b82802398fEnergy & InfrastructureEnergyENEJane AccomandoTimothy P. MatthewsJoseph Azeizathttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/is-your-force-majeure-clause-tariff-icGiven 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.Thu, 03 Jul 2025 00:00:00 -0500a60bc2d6-2e37-4975-9c4c-b3e6951abe95Telecommunications, Media & TechnologyCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsEuropeTechnologyTMTACCPLITOUTA. Benjamin KlaberCooper J. Attighttps://www.morganlewis.com/blogs/upandatom/2025/07/nrc-proposes-reactor-oversight-process-enhancementThe US Nuclear Regulatory Commission (NRC) staff recently submitted recommendations and planned actions to the Commission aimed at enhancing elements of the Reactor Oversight Process (ROP) consistent with the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024 (ADVANCE Act). These efforts would also in part be responsive to recently issued Executive Order 14300, “Ordering the Reform of the Nuclear Regulatory Commission.”Thu, 03 Jul 2025 00:00:00 -0500955b33b2-c1e3-42aa-a0f7-68943a5dcbbeEnergy & InfrastructureEnergyENETimothy P. MatthewsJane AccomandoJoseph Azeizathttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/07/lawflash-fashion-workers-act-signed-into-law-by-new-york-stateIn 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.”Tue, 01 Jul 2025 00:00:00 -0500494c5b57-dcde-4113-9918-0359825a6d3eCybersecurity, Incident Response & PrivacyTechnology Transactions, Outsourcing & Commercial ContractsTechnologyACCPLITOUTCooper J. AttigA. Benjamin Klaberhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/06/navigating-evolving-cyber-regulations-in-the-united-statesCyber 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.Mon, 30 Jun 2025 00:00:00 -0500972c0783-ea10-4004-bc36-378c02fade35Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsCybersecurity, Incident Response & PrivacyTechnologyTMTOUTACCPLITEric J. Pennesihttps://www.morganlewis.com/blogs/welldone/2025/06/fda-proposes-new-tool-for-post-market-scientific-assessment-of-food-ingredientsOn June 18, 2025, FDA announced for public comment a Post-market Assessment Prioritization Tool (Prioritization Tool) as an enhanced systematic process for post-market scientific assessment of chemicals in food, including food additives, color additives, GRAS ingredients, and food contact substances. The announcement is the agency’s latest step in its effort to modernize the framework for identifying and prioritizing substances in food for review based on public health concerns. FDA is soliciting public comment on the Prioritization Tool.Fri, 27 Jun 2025 00:00:00 -0500ff936794-c4b1-419b-b97d-3941b2bcbaa3FDA & HealthcareLife SciencesFDAKathleen M. Sanzohttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2025/06/law-and-orders-aligning-standard-ordering-documents-with-corresponding-template-agreementsCommercial 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.Fri, 27 Jun 2025 00:00:00 -05009b2e3c7f-3058-42c7-9ecf-5b22552f756dTechnology Transactions, Outsourcing & Commercial ContractsTechnologyOUTEric J. Pennesi