Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
We recently wrote about the emerging trend of content moderation outsourcing. In this blog post, we turn our attention to another growing trend: legal process outsourcing.
Open-source software (OSS) representations and warranties are an integral part of the intellectual property (IP) representations and warranties in mergers and acquisitions (M&A) transactions and financings, as M&A transaction documents regularly include requests for a seller to represent and warrant that it has policies in place regarding the use of OSS, has provided such policies to the acquirer or investor, and has not deviated from such policies. These representations and warranties are important, but they are routinely and necessarily backstopped by the due diligence process.
In our prior post in this two-part series on less commonly discussed technology commercialization options, we addressed how open-source software (OSS) providers may make money on their products. In this Part 2, we’ll look at another technology commercialization strategy, white labeling.
As part of our Spotlight series, we invited litigation partners Dana E. Becker (Philadelphia), Shon Lo (Chicago), and Krista Vink Venegas, Ph.D. (Chicago), to talk about recent trends and issues in IP-related and other commercial litigation that would be of particular interest to our readers. Dana, Shon, and Krista are deeply knowledgeable practitioners in the IP and commercial contracts space who handle a broad spectrum of leading-edge and high-profile litigation for our clients.
When the topic of technology commercialization strategies comes up, the most common options typically mentioned include the sale of a technology or building a business around technology by selling products or providing licenses or subscriptions to technology-based solutions.
Despite global shocks and forecasts of a global recession, economies in the Middle East showed "extraordinarily fast" growth in 2022, according to the World Bank. The countries of the Gulf Cooperation Council (GCC)—the United Arab Emirates, Saudi Arabia, Oman, Qatar, Kuwait, and Bahrain—all show commitment to further growth and place great value on diversification of their historically oil and gas dominated economies, with digital transformation, artificial intelligence, robotics, cloud-first, and emerging technologies at the core of their strategic development.
Please join us on May 22 at 9:00–10:00 am EST as Morgan Lewis partner Todd Liao and associate Sylvia Hu provide an update on relevant considerations for technology companies relating to China’s data privacy laws. The discussion will include an overview of China’s data privacy regulatory framework, considerations for cross-border transfers of data and technology, and compliance-related issues.
The UK government introduced its Digital Markets, Competition and Consumers Bill to Parliament for approval on April 25, 2023. The bill establishes a “pro-competition framework” for digital markets, specifically targeting a small number of tech firms with significant market power that will receive a “Strategic Market Status” (SMS) designation.
Please join us on May 10, 2023 at 12:00 pm ET to learn about key points to consider when terminating cloud service arrangements. Morgan Lewis partner Chris Archer, of counsel Emily Lowe, and associate Jonathan Traub will discuss the importance of drafting termination clauses and addressing the transition to new vendors with a view toward efficiently protecting an organization’s business interests.
Our presenters will address certain recommended provisions for terms of service, relevant questions to ask and issues to consider when planning to enter a new geographic market, as well as recommendations on how to manage risk with expanded regulatory requirements.