The US Department of Commerce’s Bureau of Industry and Security released an interim final rule (IFR) on October 7 imposing new export controls on certain advanced computing and semiconductor manufacturing destined for the People’s Republic of China (PRC). In their LawFlash, partners Giovanna Cinelli, Kenneth Nunnenkamp, and Carl Valenstein; of counsel Heather Sears; and associates Katelyn Hilferty, Christian Kozlowski, Patricia Cave, and Jiazhen Guo discuss the scope of the new export controls, open issues and questions regarding the regulation, and potential courses of action to consider.
Tech & Sourcing @ Morgan Lewis
TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS
Please join us for our Artificial Intelligence Boot Camp series, beginning November 1, 2022, as we explore the impact of artificial intelligence (AI) across industries. Our presenters will cover a wide range of topics, including contracting for AI in digital transformation, key issues in AI patents and copyrights, digital health, ethics, and more.
Effective management of intellectual property is crucial in the contracting stages of technology projects. Various types of intellectual property can be subject to protection in an agreement and may receive different types of treatment. For example, copyright protection, patent protection, and know-how (trade secrets) are all subject to different rules when it comes to contracting.
IT service provider performance has long been measured by service level agreements (SLAs) that set quantifiable standards for many aspects of a sourcing arrangement. These standards range from how quickly customer support is provided and an incident is resolved to application uptime and availability, and beyond.
On September 15, the EU Commission published a proposal for a Cyber Resilience Act (Proposed CRA), which builds on the 2020 EU Cybersecurity Strategy and the 2020 EU Security Union Strategy, with the aim of ensuring the cybersecurity of products with digital elements and the provision of sufficient information to consumers about the cybersecurity of the products they buy and use.
Environmental, social, and governance (ESG) continues to be a focus area for many companies. As technology companies shift ever increasingly toward the cloud, it is important to keep up to date with ESG issues that may arise for their own company, their vendors, and clients.
In outsourcing, technology, and commercial transactions, cost of living adjustment (COLA) mechanisms linked to price indices are coming under increasing scrutiny with current global inflationary pressures.
On July 18, 2022, the UK government published high-level proposals for its approach to regulating uses of artificial intelligence (AI), as part of its National AI Strategy and, more broadly, its UK Digital Strategy. The government is seeking public views on the approach, which is contained in a policy paper; a more detailed White Paper will be published in late 2022.
Increasingly, companies have been looking to shift from non-cloud IT infrastructure to cloud-based solutions, and have allocated higher monetary resources to cloud-based IT infrastructure products such as compute and storage infrastructure. In fact, as reported by the International Data Corporation (IDC), Q1 of 2022 marked the first time that companies are now spending more money on their cloud-based compute and storage infrastructure than they are on their non-cloud-based IT infrastructure.
In June 2022, the UK government published its cross-government UK Digital Strategy for creating a world-leading environment in which to grow digital businesses. The Digital Strategy brings together various initiatives on digitalization and data-driven technologies, including the National AI Strategy. The government states that it is actively seeking to grow expertise in deep technologies of the future, such as artificial intelligence, next generation semiconductors, digital twins, autonomous systems, and quantum computing.