TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
When two parties engage in a merger or acquisition, there are several processes that must take place before the transaction can be completed, including due diligence of the seller’s assets—and particularly the seller’s relevant and material intellectual property (IP).

Join partners Mark L. Krotoski, Charles M. Horn and associate Martin Hirschprung at 1:00 pm ET on March 15, 2022 as they provide a summary of the existing and developing requirements faced by “banking organizations” following the publication of a final rule to notify their primary federal regulator within 36 hours in the event of certain kinds of computer-security-related incidents.

The German Conference of DPAs (the DSK) has released new (legally non-binding) detailed Guidelines dated February 18, 2022 with respect to direct marketing in Germany.
As technology and the use of the internet continue to evolve, lawmakers remain focused on setting a legal framework for businesses operating “online” in Russia. In 2021, the Russian regulatory landscape underwent significant changes, which will no doubt have an impact on how tech and media companies conduct their business in Russia.
We have heard time and time again that we should not reuse passwords across accounts—if a cybercriminal were to obtain access to the password of one account, they could then use such password to access multiple accounts. This use of stolen passwords and other credentials has led to a rise in credential stuffing attacks. A new guide released this month by New York Attorney General Letitia James investigates the rise in credential stuffing attacks and best practices designed to prevent such attacks.

As we start 2022, as part of our Spotlight series, we connect with Reece Hirsch, the co-head of Morgan Lewis’s privacy and cybersecurity practice, to discuss the recent policy statement issued by the US Federal Trade Commission regarding the Health Breach Notification Rule and how it applies to health app developers that handle consumers’ sensitive health information. Our Tech & Sourcing @ Morgan Lewis blog also published a summary of the policy statement.

As 2021 comes to a close, we have once again compiled all the links to our Contract Corner blog posts, a regular feature of Tech & Sourcing @ Morgan Lewis. In these posts, members of our global technology, outsourcing, and commercial transactions practice highlight particular contract provisions, review the issues, and propose negotiating and drafting tips.
Broad awareness has been made about cyberattacks in the form of phishing that typically use email messages to lure victims into divulging sensitive information or opening a link that allows malware to infiltrate their device. Companies have learned how to combat phishing by training employees to recognize such scam attempts and report them as phishing to protect their organizations. “Vishing” is another tactic used by scammers that, while less familiar, is no less invasive and dangerous.
In our January 2021 blog post The Right to Repair in Massachusetts Rolls Forward, we discussed how Massachusetts voters in November 2021 approved Question One, a ballot initiative amending the commonwealth’s 2012 Right to Repair Law. The amendment provides that motor vehicles sold in Massachusetts, beginning with 2022 models, be required “to equip any such vehicles that use telematics systems—systems that collect and wirelessly transmit mechanical data to a remote server—with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application.” With authorization of the owner, such telematics data will be available to independent repair facilities and dealerships not otherwise affiliated with the manufacturer of the vehicle, who will “send commands to the vehicle for repair, maintenance, and diagnostic testing.” In turn, a contractual relationship between the manufacturer and the independent repair facility will no longer be required in order for such data to be shared.
According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16 CFR Part 318, and therefore are required to notify consumers and others when their health data is breached.