Interest in offshore business centers, commonly known as global capability centers (GCCs), continues to rise as US companies across industries look to establish overseas offices and hire skilled workers to support critical...more
Each outsourcing transaction has its own unique characteristics and business drivers and, therefore, will include its own deal-specific terms. A key initial consideration to think about when beginning an outsourcing...more
Whether form or template agreements are for a company’s own services or are used for the procurement of goods and services, leveraging forms can be a useful tool to maintain consistent terms and conditions. With the...more
The Court of Appeal of the State of California (the Court of Appeals) recently ruled that Proposition 24, the California Privacy Rights Act of 2020 (CPRA), is enforceable without any further delay. The CPRA contains important...more
An ever-increasing number of companies are choosing to use chatbots on their website, in their sales organizations, and to help with customer service. In fact, according to Vantage Market Research, the chatbot market will...more
There are many basic contracting principles that can help streamline and create a readable and clear contract, including the proper use of defined terms. Consistent with the phrase, a defined term is a word or term, often...more
While the European Parliament and European Commission look to finalize the EU Artificial Intelligence (AI) Act, many are interested to see how its relationship with the General Data Protection Regulation (GDPR) will play out,...more
Cloud technology is one of the most dominant forms of technology used by companies today. In short, everyone and everything is in the cloud.
Given the increased use of the cloud for enterprise-wide and critical business...more
ChatGPT and subsequent artificial intelligence (AI) programs have been in the headlines recently. Not as common is the discussion of the cost associated with developing and operating such AI tools or if such AI is right for...more
The European Commission (Commission) is adopting an Adequacy decision for certain transfers of personal data to the United States. This adoption would foster trans-Atlantic data flows and address the concerns raised by the...more
With record sales topping $544 billion in 2022 and no sign of descent in sight, the public cloud and related services continue to soar to new heights. ...more
The European Union’s General Data Protection Regulation (GDPR) requires companies to monitor and comply with some of the strictest privacy laws in effect. Now, the European Commission is refocusing efforts and oversight on...more
The decision to terminate an agreement cannot be taken lightly. In exercising the option, understanding the key terms of the agreement and necessary steps to effectuate the termination are critical. As we have previously...more
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....more
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...more
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...more
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...more
The UK Department for Digital, Culture, Media & Sport (DCMS) recently extended the deadline for responses to a policy paper issued on May 26, 2022, calling for views on UK data storage and processing infrastructure, security,...more
As part of our Spotlight series, we connect with Jeff Boujoukos, the leader of Morgan Lewis’s securities enforcement practice, to discuss the current and future state of affairs of the regulation and enforcement activities of...more
9/2/2021
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As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more
Through legislation, Connecticut has incentivized businesses to conform to one or more industry recognized cybersecurity frameworks. As we recently discussed, cybersecurity incidents and risks are taking centerstage. Under...more
With the recent onslaught of ransomware attacks, it’s time to revisit force majeure clauses (again). Earlier in the pandemic, we reviewed how COVID-19 could impact force majeure provisions. Since then, there has been a flurry...more
Exceptions to confidentiality obligations are largely standardized, but in some contracts a copy-and-paste approach could, at best, lead to uncertainty and, at worst, undermine key aims of the transaction. ...more