Tech & Sourcing @ Morgan Lewis

Sports sponsorship agreements were once relatively straightforward: brand visibility in exchange for fees. This is no longer the case. Today, most meaningful sponsorships involve significant data components, whether fan engagement platforms, digital activations, or, increasingly, AI-driven analytics. As a result, these agreements are starting to look much more like technology and data contracts.

Open-source software (OSS), by its nature, is sometimes overlooked as part of technology transactions. OSS is often a key aspect of a business’s software ecosystem, whether it is used in internal systems or forms a fundamental part of solutions that are sold to customers or used to provide services to customers; however, OSS often sits in the background, as a foundation of a software solution, and can therefore go unconsidered by those not familiar with its uses, benefits, and risks.

Clauses dealing with intellectual property (IP) rights in commercial agreements can present nuanced challenges, particularly when they relate to information exchange. Two such clauses that often surface in technology contracts are residuals clauses and affirmative feedback licenses. While both relate to information shared during the course of a commercial relationship, they serve very different purposes and have distinct implications for IP ownership, confidentiality, and future use.

As we wrote on last week, the recent NCAA settlement has ushered in a new era for college athletics—one with unprecedented legal, financial, and operational consequences. Join Morgan Lewis partners, including technology transactions, outsourcing, and commercial contracts partner Don Shelkey, for a two-part webinar series that will examine the regulatory, business, and litigation risks forming the future of college sports.

On June 6, 2025, the Northern District of California in House v. NCAA approved a landmark settlement deal allowing colleges and universities to pay their students directly for their participation in college athletics. The deal between the National Collegiate Athletic Association, its conferences, and lawyers representing NCAA Division I athletes marks another major shift in the NCAA’s policies around the amateurism of student athletes and in their performance compensation. The settlement deal is already raising legal questions in the world of collegiate athletics.

Open-source software (OSS) and artificial intelligence (AI) are commonly used terms in today’s rapidly evolving tech landscape. Both are pivotal in shaping modern technology but are rooted in different goals and philosophies. OSS promotes collaboration and transparency, while AI looks to mimic human behaviors. Despite their objective differences, there are intriguing intersections between OSS and AI, which this article will explore.

The rapid adoption of generative AI (gen AI) is driving increased cloud consumption.

In the case of the ownership of intellectual property (IP) developed by a supplier as part of a service agreement with a customer, should the traditional position that the customer should own all developed IP always be the position agreed upon by the parties?

When a contracting party decides that the counterparty is worth an exclusive commitment, such a decision often rests on some minimum expectations and basic assumptions. But, in light of Murphy’s law, it may be worthwhile to put the proposed union through a stress test.

Partner Andrew Gray will be a featured panelist at the upcoming Licensing Executives Society event titled AI and the Law: What You Need to Know Today. In this discussion, Andrew and fellow panelists will explore how artificial intelligence (AI) continues to transform intellectual property law, licensing, and strategy.