https://www.morganlewis.com/rss/blogsBlogs RSS Feed25https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/11/exclusivity-in-technology-licensing-and-development-agreementsExclusivity is a familiar concept in technology licensing and development agreements, but its meaning is not always straightforward. An exclusive patent license, for example, is different from an exclusive development arrangement, and neither necessarily gives a party exclusive rights to manufacture or sell the resulting products. Understanding what exclusivity means in a particular agreement requires examining who is restricted, what rights are covered, and which activities fall within the scope.Fri, 06 Nov 2026 00:00:00 -06007411e9c7-b928-4d1e-ba9e-6a79ca6068c9Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTRahul KapoorKatrina Slack https://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/10/governing-ai-supplier-management-across-the-modern-delivery-ecosystemOrganizations are increasingly leveraging a range of delivery models to provide business services, including internal teams, Global Business Services (GBS), Global Capability Centers (GCCs), outsourcing providers, and managed services. As organizations combine these approaches with AI-enabled delivery, important governance considerations include accountability, decision making, performance, and contractual obligations across an interconnected ecosystem of suppliers, internal teams, and AI systems.Wed, 28 Oct 2026 00:00:00 -050000cc98e7-b431-4607-8800-cec6dd5514d6Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementAsiaEuropeLatin AmericaMiddle EastUnited StatesTechnologyArtificial IntelligenceOUTCBTBarbara Murphy MelbyChristopher C. Archerhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/10/gpu-as-a-service-and-colocation-different-approaches-to-ai-computing-infrastructureAs AI drives demand for greater computing power, businesses have more options for accessing the technology needed to support AI workloads. One option is GPU as a service (GPUaaS), which allows customers to access specialized computing resources without purchasing the underlying hardware. While GPUaaS shares similarities with traditional cloud services, it also invites comparison with data center colocation arrangements.Wed, 14 Oct 2026 00:00:00 -05005e3444f0-0156-4e25-b5ac-3a1bf89e9301Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceData CentersTechnologyOUTCBTKatherine B. O'KeefeErik Karpinskihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/10/traditional-vs-ai-computing-infrastructure-implications-for-data-center-operations-and-colocation-agreementsAs AI continues to shape the technology industry, computing equipment housed in data centers is evolving to support a broad range of workloads. While traditional general-purpose servers remain essential for everyday business operations, AI workloads may run on conventional servers, accelerator-equipped servers, or more integrated computing systems. The resulting differences in equipment architecture and deployment can provide useful context for understanding data center operation and colocation arrangements.Wed, 14 Oct 2026 00:00:00 -050052ca8de5-025a-4000-af20-76640fbd4968Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesData CentersTechnologyOUTCBTKatherine B. O'KeefeErik Karpinskihttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/10/same-service-different-model-managing-ai-model-changes-in-technology-agreementsA company licenses an artificial intelligence–enabled service after evaluating its functionality, security, performance, and compliance characteristics. Six months later, the provider upgrades the underlying model or replaces it altogether. The product may look the same, but the technology beneath it may have changed in ways that affect performance, data processing, regulatory compliance, or the customer’s downstream obligations.Mon, 05 Oct 2026 00:00:00 -05004d9b4e99-d9d5-4695-b435-970a5b8f4290Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceTechnologyOUTCBTEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/10/contract-corner-tsas-mastering-it-transition-servicesWhen an M&A transaction closes, the buyer will typically be unable to stand up its own IT environment on day one. In this scenario, the seller often continues operating existing IT systems, provides access to employees who understand them, and delivers data needed for the transition for a period after closing to assist the buyer in eventually operating a standalone IT environment of its own.Fri, 02 Oct 2026 00:00:00 -050088fbcd6a-556e-4fbc-98b6-8a022c4adc17Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/californias-new-child-online-safety-laws-reach-the-product-stackA teenager opens an app. The feed is personalized based on earlier activity. The next video starts automatically. A companion chatbot remembers yesterday’s conversation. To the user, these may appear to be features of one service. Under a new package of California laws, they are separate design choices that can carry different compliance obligations.Mon, 28 Sep 2026 00:00:00 -05007cd2eb65-fe32-4bf3-b7b9-1047c60ded99Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceTechnologyOUTCBTEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/ai-deliverables-and-liability-considerations-for-risk-allocationAs artificial intelligence (AI) becomes increasingly embedded in development services, outsourcing arrangements, and other commercial and technology transactions, customers and vendors are confronting a deceptively simple question: How should risk be allocated when a deliverable is created using AI?Mon, 21 Sep 2026 00:00:00 -0500e08436ab-4eab-409c-80e7-5ff8bf866eabTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceTechnologyOUTCBTEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/join-us-for-a-panel-discussion-on-law-and-the-fashion-industryJoin intellectual property (IP) partner Colleen Ganin for Fashioning the Law: A Panel Discussion and Q&A, presented by Volunteer Lawyers for the Arts and Morgan Lewis. Colleen will be joined by Ayisha Morgan, General Counsel of Elite World Group, and David Eshmoili, General Counsel and Corporate Secretary of David Yurman, for a discussion of the legal and business issues shaping the fashion industry, from brand protection and intellectual property to the growing impact of AI on fashion and creative businesses.Mon, 21 Sep 2026 00:00:00 -0500e4018157-ff9d-41d0-a236-830b0f7d8ec0Technology Transactions, Outsourcing & Commercial ContractsIntellectual Property LitigationCorporate, Finance & Investment ManagementIntellectual PropertyUnited StatesLuxury & Fashion BrandsRetail & EcommerceOUTIPLITCBTIPEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/beyond-the-logo-contracting-for-the-new-era-of-brand-partnerships-part-2Modern brand partnerships raise contract questions around exclusivity, reputational risk, how influencer and celebrity content can be used after it is posted, and how the parties will measure performance. Part 2 of this Contract Corner series examines how parties can address those issues in their agreements.Fri, 18 Sep 2026 00:00:00 -0500c0bad9ce-7271-46f8-9a5c-79ba46e6dc98Technology Transactions, Outsourcing & Commercial ContractsIntellectual Property LitigationCorporate, Finance & Investment ManagementIntellectual PropertyUnited StatesOUTIPLITCBTIPEmily R. LoweFredrick T. PhilantropeDana S. Grosshttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/join-us-for-a-webinar-on-ai-contracting-in-an-era-of-digital-dependencyAs AI continues to be incorporated into service offerings, outsourcing arrangements, and other commercial transactions, companies may find they are contracting for more than a discrete technology tool. They may also be creating an operational dependency on a provider’s AI models, data practices, supporting technology, and continued performance.Tue, 15 Sep 2026 00:00:00 -05007cbee420-e560-4fd2-bd89-a8c2542f35d8Technology Transactions, Outsourcing & Commercial ContractsInvestment ManagementCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceTechnologyOUTIMPGCBTEmily R. LoweFredrick T. Philantropehttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/09/beyond-the-logo-contracting-for-the-new-era-of-brand-partnerships-part-1Brand partnerships are expanding beyond traditional sponsorships and celebrity endorsements into arrangements that can combine licensing, content creation, product development, distribution, and data sharing. As those relationships become more complex, contracts need to clearly define the partnership, control of brand assets, and what happens to jointly created materials when the relationship ends.Fri, 11 Sep 2026 00:00:00 -05004ebee7a3-4e58-48ae-abef-5d52d8cd4c7eTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTEmily R. LoweFredrick T. PhilantropeDana S. Grosshttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/when-a-cyber-loss-has-no-conventional-hackerCyber insurance traditionally assumes a familiar sequence: an attacker gains access to a system, data is stolen or operations are disrupted, and a claim follows. Autonomous systems may complicate every step, including whether the event qualifies as a cyber incident at all.Mon, 31 Aug 2026 00:00:00 -05008e4ce306-a981-4dd9-b0ee-5ed1ec7a2a9cTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesArtificial IntelligenceTechnologyOUTCBTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/buying-a-summer-streaming-subscription-read-the-fine-printSigning up for a streaming service might be faster than choosing what to watch, with only a few taps unlocking a month of movies, a season of sports, or enough airline Wi-Fi to make a long flight feel shorter. That convenience, however, rests on a recurring contract that may continue after the vacation ends, change price while it remains in effect, and provide less control over content than the word “subscription” suggests.Fri, 21 Aug 2026 00:00:00 -0500b05d90ab-74d6-45e0-b7c5-d0ca62c15961Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/contract-corner-the-contracts-behind-cruise-ship-technologyA February 2026 IT disruption illustrates how technology dependencies can affect cruise operations. Carnival Cruise Line said the issue arose during planned maintenance and affected embarkation, disembarkation, and other technology tools. Reports of the disruption also identified impacts to Wi-Fi and the Carnival HUB app, while navigation and safety systems remained operational.Thu, 20 Aug 2026 00:00:00 -0500f6efd0bb-e4fb-4e9d-9f0b-0936bf1a49b6Technology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesOUTCBTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/ai-concierge-services-who-is-liable-when-a-bot-books-the-wrong-vacationA traveler asks an AI concierge to book a quiet oceanfront hotel in Naples for the weekend. Only after the confirmations arrive does the traveler discover that the bot selected Naples, Florida, while the flight is headed to Rome. The hotel is nonrefundable. As AI concierge services move beyond suggesting restaurants and into booking flights, hotels, rental cars, and activities, errors can quickly result in actual charges and disputes over responsibility. When a bot selects the wrong dates, overlooks a cancellation restriction, or books a hotel it was intended merely to recommend, the question becomes who is responsible for the error and the resulting costs.Thu, 13 Aug 2026 00:00:00 -050035b61140-2ec6-4f5d-81ab-5520669a44ffTechnology Transactions, Outsourcing & Commercial ContractsCorporate, Finance & Investment ManagementUnited StatesTechnologyArtificial IntelligenceOUTCBTAnastasia DergachevaMichael R. Pfeufferhttps://www.morganlewis.com/blogs/sourcingatmorganlewis/2026/08/eu-ai-acts-transparency-rules-what-went-into-effect-on-2-augustOn 2 August 2026, the transparency obligations in Article 50 of the EU AI Act began to apply. Relative to Article 50, the EU Digital Omnibus (which amended the EU AI Act) only deferred certain specific obligations. As such, the bulk of the Article 50 obligations are already applicable to organizations subject to the EU AI Act. Below is a high-level overview. An upcoming accompanying LawFlash will examine the obligations and exceptions contained in Article 50, the Commission’s Guidelines, and the Code of Practice referenced below in more detail.Wed, 12 Aug 2026 00:00:00 -0500dfa0b420-6e1c-4869-b480-21f211246063Corporate, Finance & Investment ManagementTechnology Transactions, Outsourcing & Commercial ContractsLabor, Employment & BenefitsUS Labor/​Management RelationsLitigation, Regulation & InvestigationsCybersecurity, Incident Response & PrivacyEuropeTechnologyArtificial IntelligenceCBTOUTEBLBRLMRLITACCPKatherine (Kat) GibsonVishnu ShankarAnastasia DergachevaMichael R. Pfeufferhttps://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 Melby