News & Analysis as of

Third-Party Service Provider Contract Terms

Benesch

Double Brokering and Hostage Load Action Plan: What to Do When You’re Asked to Pay More or Pay Twice

Benesch on

You just received a demand that you must pay an unknown party to receive your cargo—NOW WHAT? Shippers and brokers too frequently receive payment demands for transportation services that far exceed contracted amounts or any...more

WilmerHale

Service Agreement Lessons From July's Global Tech Outage

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In the early morning hours of a random summer Friday in July, IT systems around the globe began to experience widespread crashes. Initial fears of a massive cyber or other malicious attack by a state-sponsored actor or...more

McAfee & Taft

DOL confirms cybersecurity guidance applies to health and welfare plans

McAfee & Taft on

On Friday, September 6, 2024, the U.S. Department of Labor confirmed that its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best...more

Integreon

Unleashing the Power of GenAI in Contracts Management: 3 Easy Ways to Start and Benefit

Integreon on

Corporate interest in AI, particularly generative AI (genAI), has surged dramatically. For many legal teams, there is pressure all the way from the C-suite to start using this new technology. However, the process of...more

Pillsbury - Global Sourcing Practice

Old Tricks for the New Dog: Why Traditional Technology Sourcing Best Practice Is Relevant for Cutting-Edge AI

Since the release of OpenAI’s ChatGPT, the intense hype around large language models (LLMs) and complex AI systems has exploded. Organizations have rushed to both try and buy these new tools. Along with it, a flood of...more

Venable LLP

Considerations for Handling AI Licensing and Related Data in Tech Contracts: A Customer’s Perspective

Venable LLP on

Artificial intelligence (AI) tools continue to proliferate, with many aiming to automate processes and increase productivity. But customers of these tools or customers of vendors who use them must understand what’s going on...more

BakerHostetler

5 Things to Address in Advertising Platform Agreements

BakerHostetler on

A while back, I wrote an article titled “3 Things to Address in Digital Media Agreements,” which focused on issues related to the purchase or sale of ad space on different media channels (e.g., websites and mobile...more

BakerHostetler

DSIR Deeper Dive: Data Processing Addendums: Indemnities, Limitations of Liability and the Cost of a Data Breach

BakerHostetler on

When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more

Ervin Cohen & Jessup LLP

Insure Against Data Breaches Suffered By Vendors and Service Providers

Over the last several years several companies, including Marriott, Yahoo and Volkswagen, have been victimized by hackers breaking into a company’s computer network. In some cases, they have put confidential information on the...more

Benesch

Protecting Your Business in a Digital World: Top 10 Questions for Internal Teams and Stakeholders

Benesch on

The questions below are intended to help in-house counsel obtain the most important information related to technology projects so they can evaluate risks to the company’s data, intellectual property, and commercial interests,...more

Benesch

The Check’s in the Mail - But, Are We Done Now?

Benesch on

The shipment of goods through various complicated shipment schematics, in conjunction with commercial situations by which transportation and logistics contracting parties have ongoing relationships, often involves a series of...more

Venable LLP

An Independent Schools' Guide to Vendor Contract Management

Venable LLP on

Independent schools often contract with vendors to support the school's operations and delivery of its curriculum and programming, including transportation providers, food service, cleaning and facilities maintenance,...more

Genova Burns LLC

DoorDash Hacker Incident Illustrates Third-Party Vendor Risks and Potential Vulnerabilities

Genova Burns LLC on

​​​​​​​Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more

Morgan Lewis - Tech & Sourcing

Checklist for Moving from an On-Premises to a Cloud Solution

The “shift to the cloud” continues, with analysts making bold predictions regarding the increase of cloud adoption by companies across almost every industry. Cloud solutions offer many cost, innovation, and scalability...more

Sheppard Mullin Richter & Hampton LLP

What Should We Do About the Draft CPRA Regulations?: Contracts

In this third post of our ongoing series, we examine key takeaways for companies in light of the recently released draft CPRA regulations. Today’s focus is on contractual requirements. (Visit here for information about...more

Morgan Lewis - Tech & Sourcing

SaaS Enabled Marketplace Terms – Part 1: The Integrator’s Dilemma

As more and more SaaS providers, in digital health, fintech, and other industries, look for ways to integrate with and offer third-party applications (in their quest for powerful network effects), they eventually reach a...more

Mayer Brown

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

Mayer Brown on

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract...more

Morgan Lewis - Tech & Sourcing

Nine Areas of Your Services Agreement Templates to Update in the New Year

As we’re almost a month into the New Year, we thought this would be the perfect time to share nine areas of your service agreement templates that you should consider reviewing and updating to ensure you start 2021 on the...more

Hogan Lovells

Like the movies… – The ECJ’s Paramount judgment (C-132/19 P)

Hogan Lovells on

Settlements are a frequently used means of efficiently terminating proceedings, not only in cartel cases but also in other antitrust proceedings. The EU Commission can avoid having to spend resources on a time-consuming...more

Epstein Becker & Green

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

Epstein Becker & Green on

Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Key Provisions in Transition Services Agreements

Transition services agreements (TSAs) are often an integral part of a transaction when a buyer or a seller needs to use the other’s services, infrastructure, or resources for an agreed-upon period of time after an...more

Morgan Lewis - Tech & Sourcing

COVID-19’s Impact on Outsourcing and Managed Services: Update on 5 Key Issues

In April, we shared a LawFlash Outsourcing and Managed Services Agreements During COVID-19: Our Perspective. With the continued and unprecedented impact of the coronavirus (COVID-19) pandemic on business operations, we...more

Hudson Cook, LLP

Vendor Service Contracts - Not Just Arm's Length Transactions Anymore

Hudson Cook, LLP on

The Consumer Financial Protection Bureau's Compliance Bulletin and Policy Guidance; 2016-02, Service Providers addresses the CFPB's expectation that companies oversee their business relationships with service providers in a...more

Thomas Fox - Compliance Evangelist

Compliance Responses to Bribery Schemes

Yesterday, I looked at some of the more creative bribery schemes identified in 2019 Foreign Corrupt Practices Act (FCPA) enforcement actions. They were schemes involving distributors, joint ventures (JVs) and fraudulent...more

BCLP

Getting The Deal Through - Cloud Computing 2020

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What kinds of cloud computing transactions take place in your jurisdiction? As a G7 economy with mature IT and related services markets, the UK is one of the most important global markets for cloud computing. According to...more

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