Tech & Sourcing @ Morgan Lewis

As 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.

We 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.

The 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.

Morgan 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.

The 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.

Cyber regulations are crucial for the protection of individuals and businesses and aid in risk minimization; failure to comply with these regulations can result in severe consequences such as financial penalties, legal action, reputational damage, and potential breach of sensitive or confidential information. Analysts have identified some key cyber regulations to watch in the coming months.

In a recent LawFlash, a team of Morgan Lewis lawyers discussed the US Court of International Trade and the US District Court for the District of Columbia’s ruling that invalidated President Donald Trump’s actions imposing tariffs pursuant to the International Emergency Economic Powers Act of 1977, and the temporary, administrative stay granted by the US Court of Appeals for the Federal Circuit while it considers whether to stay the orders during the pendency of the government’s appeal of the ruling. These recent events demonstrate the continued uncertainty businesses and consumers face in light of this economic policy.

Emerging technologies, including readily available, highly competent generative artificial intelligence (AI), have raised questions about the future of work. To adapt to these changes and stay ahead of future challenges, companies should evaluate their approach to workforce allocation and employee training, including upskilling, reskilling, and outsourcing.

During the Biden administration, there was a push to prioritize and modernize cybersecurity responses, and the National Institute of Standards and Technology (NIST) agreed to work with the technology industry to develop a new cybersecurity framework. Now, those promises have come to fruition as NIST has provided updated industry-leading guidance in the cybersecurity field.

2025 has seen a notable push by companies to establish dedicated capability centers—or global capability centers (GCCs)—in countries with lower-cost resources and access to a strong talent pool. According to S&S Insider, the global GCC market was estimated at about $128.5 billion in 2023 and is expected to increase to more than $300 billion by 2032, growing at a rate of 13.51% CAGR. NASSCOM reports that India leads the GCC market, currently hosting over 1,700 GCCs, employing more than 1.9 million people, and having an 11% CAGR.