https://www.morganlewis.com/rss/blogsBlogs RSS Feed25https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/hotel-wi-fi-terms-conditions-the-contract-you-accept-without-readingAfter a day of flight delays, crowded airports, and rental-car lines, the corporate traveler finally reaches the hotel, drops a bag in the room, and opens a laptop. The hotel Wi-Fi portal requests a room number, last name, and perhaps an email address. At the bottom sits a familiar checkbox: “I Agree.” Click. Congratulations, you may have just entered into the least-negotiated contract of your trip. Hotel Wi-Fi terms vary, and their enforceability may depend on applicable law and how the terms are presented. But publicly available terms reveal that the complimentary connection can come with a substantial set of conditions covering liability, data collection, dispute resolution, and acceptable use. Although most travelers will never have a dispute over hotel Wi-Fi, corporate travelers should understand what may be included before using the connection to access sensitive business information.Wed, 05 Aug 2026 00:00:00 -05003f08e5b8-3f5b-4d77-b40a-bd89fb2be302Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/a-pro-curated-list-of-contractual-provisions-sourcing-teams-should-not-ignore---part-2As a follow-up to Part 1, in which we discussed increased reliability on sourcing teams’ input for commercial negotiations, this Part 2 discusses additional common provisions sourcing teams should consider in their oversight and management of the contracting process.Fri, 31 Jul 2026 00:00:00 -0500c7b55723-049f-47ac-ab80-f769583991a2Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTAaron J. RogersA. Benjamin Klaberhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/a-pro-curated-list-of-contractual-provisions-sourcing-teams-should-not-ignore-part-1Sourcing teams are assuming increasing responsibilities in the contracting process, playing a central role in managing an array of issues, including legal, operational, financial, and information security risks. In an effort to streamline contracting lifecycles and reduce legal costs, companies often prefer legal counsel to focus on complex issues around intellectual property rights, indemnification, or regulatory compliance. This often leaves important unresolved issues to be negotiated by the sourcing team. Fortunately, by focusing on certain terms of outsized impact that arise across deals, sourcing departments can contribute significantly to managing their companies’ risk profiles.Wed, 22 Jul 2026 00:00:00 -0500c175167d-c488-4776-ad87-d752f430a614Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTA. Benjamin KlaberAaron J. Rogershttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/contractual-freedom-to-operate-a-surgical-approachWhile a freedom-to-operate (FTO) analysis often centers on patent or trademark searches, contractual commitments can establish the practical boundaries—or maze—of a company’s degrees of freedom. Organizations with a checklist of high-level issues to be addressed during contract discussion and negotiation (such as liability, compliance, and data protection) should consider adding FTO to that list. With a more holistic perspective of the FTO landscape and with business and technical teams’ input, commercial counsel can find creative ways to complete the puzzle.Tue, 14 Jul 2026 00:00:00 -050055593f66-bafd-4439-9a85-711f4ebc7c0dTechnology Transactions, Outsourcing & Commercial ContractsTelecommunications, Media & TechnologyCorporate, Finance & Investment ManagementUnited StatesOUTTMTCBTA. Benjamin KlaberAaron J. Rogershttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/spotlight-on-kat-gibson-navigating-labor-and-employment-issues-in-global-outsourcingGlobal outsourcing transactions often require companies to navigate not only complex commercial issues, but also employment-related regulations and local practices that can vary significantly across jurisdictions. As organizations continue to transform their operations through outsourcing, managed services, and digital and AI transformation initiatives, labor and employment considerations have become an increasingly important part of transaction planning. Partner Kat Gibson advises multinational companies on the employment issues that arise in outsourcing transactions, including employee transfers, workforce restructurings, reductions in force, consultation obligations, and cross-border employment compliance. We recently sat down with Kat to discuss some key labor issues companies should be thinking about when planning global outsourcing transactions.Tue, 14 Jul 2026 00:00:00 -05007b3a5551-1353-4ca9-888b-b7147c2a6e8aTechnology Transactions, Outsourcing & Commercial ContractsGlobal OutsourcingLabor, Employment & BenefitsCorporate, Finance & Investment ManagementUnited StatesOUTEBLBRCBTDoneld G. ShelkeyBarbara Murphy MelbyKatherine (Kat) Gibsonhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/termination-for-convenience-the-battle-over-free-willFlexibility versus certainty is an important and often challenging tradeoff throughout commercial contract negotiations, particularly regarding termination for convenience. Customers, mindful of shifting budgets, technological changes, and evolving business needs, want the freedom to walk away at their discretion. Vendors, mindful of upfront infrastructure investments, staffing needs, and revenue volatility, want a committed income stream. Reconciling these competing needs can become a significant sticking point, often arising later in the negotiation cycle after other issues have been settled.Wed, 08 Jul 2026 00:00:00 -05003bb5ed18-5e53-4a2f-a5d6-49b0a116ca88Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementTechnologyTMTOUTCBTAaron J. RogersA. Benjamin Klaberhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/key-considerations-for-service-providers-when-allowing-service-provider-personnel-to-work-remotelyRemote and hybrid work arrangements are becoming increasingly common across industries, and service providers are more frequently allowing personnel to perform services from remote locations. While these arrangements can, in certain cases, offer operational benefits, they also introduce security, compliance, and oversight risks that must be accounted for. Accordingly, organizations engaging service providers with remote workforces should consider contractual requirements to address these concerns. When drafting and implementing these requirements, customers should consider the following issues.Mon, 06 Jul 2026 00:00:00 -0500f447a62f-3012-4ec3-9c7c-a39c86391ab7Technology Transactions, Outsourcing & Commercial ContractsUnited StatesOUTKatrina Slack Vito Petrettihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/ai-outsourcing-series-rethinking-outsourcing-governance-compliance-and-control-in-the-ai-eraThroughout this AI & Outsourcing Services series, we have explored how artificial intelligence is transforming the outsourcing industry, reshaping contract terms, creating new forms of vendor dependency, and redefining how value is measured and priced. As organizations increasingly deploy AI-enabled technologies within outsourced environments, another critical issue is emerging: governance.Thu, 02 Jul 2026 00:00:00 -05005c7440cd-5e44-48e6-a6e7-bfc59d5a188bCorporate, Finance & Investment ManagementCommercial ContractsTechnology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyTechnology TransactionsGlobal OutsourcingUnited StatesTechnologyArtificial IntelligenceCBTOUTIPMarina G. AronchikC. ("Kari") KrusmarkBarbara Murphy Melbyhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/07/upcoming-webinar-on-investing-with-purpose-and-innovating-with-impactJoin of counsel Casey Oetgen for an insightful program exploring investment approaches that can help organizations align investment capital with organizational purpose, such as mission-related investments and program-related investments, with practical guidance on legal and strategic frameworks.Thu, 02 Jul 2026 00:00:00 -05008d6cb734-e289-4299-a2bc-16aed9f60535Telecommunications, Media & TechnologyCorporate, Finance & Investment ManagementCybersecurity, Incident Response & PrivacyLitigation, Regulation & InvestigationsUnited StatesTechnologyHealthcareTMTCBTACCPLIThttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/connecting-the-dots-and-the-satellites-legal-considerations-for-direct-to-device-servicesDirect-to-device (D2D) satellite technology is launching traditional mobile communications out of this world. By enabling standard mobile devices to connect directly to satellites, D2D promises expanded coverage and connectivity in areas where terrestrial networks are unavailable.Fri, 26 Jun 2026 00:00:00 -05008602113f-c212-4a34-b289-1ca4c0461494Telecommunications, Media & TechnologyCorporate, Finance & Investment ManagementAerospace & DefenseSpace & SatelliteTMTCBTVito PetrettiKatrina Slack https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/top-considerations-of-robotic-use-in-warehouse-agreementsThe use of robotics in warehouses has become prevalent in the last few years. With improved software and the rise of artificial intelligence (AI), warehouse automation can handle inventory, shipping, and orders. Robotics can improve accuracy, be cost-effective, and optimize space, which can benefit both the warehouse operator and the customer. While the rise of robotics has changed the way warehousing services are performed, the terms and conditions of warehousing agreements have not always kept pace with the significant changes resulting from these developments.Thu, 18 Jun 2026 00:00:00 -0500aed94e39-4923-476e-8d07-cf6e86209553Telecommunications, Media & TechnologyTechnology Transactions, Outsourcing & Commercial ContractsCybersecurity, Incident Response & PrivacyCorporate, Finance & Investment ManagementLitigation, Regulation & InvestigationsUnited StatesEuropeTechnologyArtificial IntelligenceTMTOUTACCPLITCBTVito PetrettiKatrina Slack https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/06/ai-and-outsourcing-series-the-new-outsourcing-equationThe fourth blog in our AI and Outsourcing series examines another significant consequence of AI-enabled outsourcing: the fundamental shift in how parties define, measure, and price value. As artificial intelligence (AI) becomes embedded in service delivery, traditional pricing models based on labor inputs, headcount, and transaction volumes are increasingly being challenged. Customers and service providers alike are reevaluating how outsourcing arrangements should be structured when automation and AI-driven efficiencies can dramatically alter the economics of service delivery.Wed, 17 Jun 2026 00:00:00 -05005a3de9ef-3c89-4421-9905-a19d8d217699Corporate, Finance & Investment ManagementCommercial ContractsTechnology Transactions, Outsourcing & Commercial ContractsIntellectual PropertyTechnology TransactionsGlobal OutsourcingUnited StatesTechnologyArtificial IntelligenceCBTOUTIPMarina G. AronchikC. ("Kari") KrusmarkBarbara Murphy Melbyhttps://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/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/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/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/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/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/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/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/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/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/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'Keefe