Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
The Beijing Internet Court (BIC) recently recognized copyright protection in artificial intelligence (AI) generated images, ruling that the images met the requirements of originality and reflected a human's intellectual property investment. Li v. Liu, Written Civ. Rulings (Beijing Internet Ct. Nov. 27, 2023) (China).
Artificial intelligence (AI) has been rapidly transforming industries and reshaping our daily lives by ushering in unprecedented opportunities for automation—which naturally has come with some challenges. While AI’s potential is immense, the potential ethical, security, and compliance implications should be carefully examined.
It should be no surprise to readers of this blog that questions about artificial intelligence (AI) have been the hot topic for the past six months. We have previously written posts related to AI contracting pointers, updates from the US Copyright Office and the UK government, and transatlantic developments, as well as copyright risks. This month, we are going to continue the trend and raise some additional issues related to AI that are relevant to our tech and sourcing followers.
As part of our Spotlight series, Dennis C. Gucciardo, who counsels medical device manufacturers throughout the product lifecycle in the US Food and Drug Administration (FDA) regulatory context, shares insight into some important considerations when creating, reviewing, and implementing medical device product warranties.
Don Shelkey and Ben Klaber will present a continuing legal education (CLE) webinar on digital health transactions on September 14 at 1:00 pm ET.
The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.” Executive Order 14105 (EO) was released in conjunction with a corresponding Advanced Notice of Proposed Rulemaking (ANPRM) from the US Department of the Treasury (Treasury). Both these developments, while not yet effective, are critical to technology companies and investors, and the coming months will reveal the extent of the impact and the direction Treasury takes with its proposed regulations.
Morgan Lewis’s technology, outsourcing, and commercial transactions team often advises on transactions where there is some form of intellectual property being transferred from one party to another party. This may be due to a corporate transaction, a cooperation or joint venture arrangement, or some other form of commercial agreement.
While the regulatory landscape around artificial intelligence (AI) continues to evolve, navigating contractual arrangements and apportioning risk for the use of AI may seem like stepping into the unknown. In this blog post, we consider how a few familiar concepts within commercial contracts may be applied to the provision and use of AI tools as part of services.
The first half of 2023 was one of the most active six months for legislative and regulatory developments around artificial intelligence (AI). Our colleagues recently noted the European Parliament’s adoption of a draft AI Act as well as the significant activity in the United States related to regulating AI, both at the federal and state level. AI is also increasingly giving rise to data privacy concerns.
The EU-US Data Privacy Framework (DPF) became effective on July 10, and on the same day, the European Commission adopted an Adequacy Decision relating to the DPF, as a successor of the EU-US Privacy Shield. While only those companies subject to the jurisdiction of either the Federal Trade Commission or the US Department of Transportation are eligible to self-certify their compliance with the DPF, the scope of eligibility is likely to broaden in the future.