Author Info for Morgan Lewis - Tech & Sourcing

Ksenia Andreeva

Rise of Text-to-Speech AI Models Part 2: Data Protection Issues

In Part 1 of our series on Text-to-Speech AI Models (TTS Models), we highlighted questions that should be considered from an intellectual property perspective. In this Part 2, we provide a high-level overview of data protection…more

Biometric Information, Cybersecurity, Data Collection, Data Privacy, Data Protection

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Christopher Archer

Contract Corner: Additional Contracting Tips for AI in Service Agreements

It is no secret that usage of artificial intelligence (AI) technologies continues to expand at a rapid pace. In fact, Flexera’s 2023 Tech Spend Pulse, which is based on a survey of 506 information technology executives across…more

Artificial Intelligence, Data Security, Innovative Technology, Machine Learning

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Dana Becker

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

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…more

Commercial Contracts, Contract Drafting, Contract Terms, IP License, Non-Disclosure Agreement

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Oliver Bell

Preparing for DORA: ESAs Publish Incident Reporting Requirements

In our latest blog post on preparing for the EU’s Digital Operational Resilience Act (DORA), entering into force on January 17, 2025, we take a look at second-level requirements under DORA covering the classification and…more

EU, European Commission, European Supervisory Authorities (ESAs), Regulation Technical Standards (RTS)

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Eric Bord

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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G. Jeffrey Boujoukos

SEC Looking to Wrangle Cryptocurrency ‘Wild West’: A Conversation with Jeff Boujoukos

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

Anti-Fraud Provisions, Asset Class, Blockchain, Cryptocurrency, Digital Currency

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Dion Bregman

An Immersive Conversation with Dion Bregman on the Metaverse

As part of our Spotlight series, Dion Bregman (who wears many hats at Morgan Lewis, such as deputy leader of the firm’s intellectual property practice, leader of the firm’s Patent Trial and Appeal Board (PTAB) team, managing…more

Artificial Intelligence, Augmented Reality, Cybersecurity, Data Protection, Innovative Technology

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Brooke Bruno

Emerging Market Trend: An Overview of Content Moderation Outsourcing

Although the advent of readily accessible social media platforms has allowed for the proliferation of user content worldwide, there is increasing pressure on social media platforms and related companies to moderate the content…more

Online Platforms, Outsourcing, Social Media, Social Networks

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Michele Buenafe

Important Considerations When Tech Service Providers and Life Science Companies Collaborate in the Digital Health Space

When negotiating a digital health collaboration agreement between a tech company and a life sciences company, whether for the development of artificial intelligence or other software, the provision of data hosting and analysis…more

Artificial Intelligence, Data Protection, Digital Health, Exclusivity, Food and Drug Administration (FDA)

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Ezra Church

California Enacts the Delete Act

In October, California enacted its newest privacy legislation, commonly referred to as the “Delete Act” (California Senate Bill No. 362). The Delete Act will allow consumers to request that any data broker that maintains any…more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Cybersecurity, Data Brokers, Data Privacy

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Giovanna Cinelli

An Updated Look at Manufacturing, Warehousing, and Logistics Agreements

Today, cutting-edge technology and how it is being used garners news coverage, but how companies build these products and get them to their customers is often overlooked. Companies negotiate and contract for the development and…more

Logistics, Manufacturers, Suppliers, Warehouses

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Anastasia Dergacheva

Social Media Influencer Agreements, Part 2: Considerations When Drafting for an Influencer

In Part 1, we discussed how companies rely on social media influencers to promote their products and services online, and certain items to consider when drafting an influencer agreement. In this Part 2 blog post, we’ll focus on…more

Advertising, Endorsements, Influencers, Marketing, Social Media

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Emily Cuneo DeSmedt

Remote Work Employment Issues: A Conversation with David McManus and Emily DeSmedt

As part of our Spotlight series, we welcome David McManus, a partner in our New York office and the deputy leader of Morgan Lewis’s labor and employment practice, and Emily DeSmedt, a partner in our Princeton office, who…more

Americans with Disabilities Act (ADA), Employer Liability Issues, Family and Medical Leave Act (FMLA), Reasonable Accommodation, Remote Working

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Shannon Donnelly

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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Ron Dreben

US Copyright Office Asks What to Do with AI Models

Given the sharp rise in usefulness of and attention to generative AI–powered applications, the US Copyright Office issued a notice of inquiry and request for comments in order to conduct a deep dive on how this technology could…more

Copyright, Copyright Infringement, Copyright Office, Intellectual Property Protection

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Morgan Oksana Dudkewitz

Open Banking – Update for 2020

In December 2019, we published a blog post introducing open banking; here, we provide an update for 2020. To briefly summarize, open banking comprises a set of rules which permit third-party providers (TPPs) of financial…more

Cyber Crimes, Cybersecurity, Data Collection, Data Management, EU

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Rebecca Ford

Paying Salaries in Cryptocurrency in the UAE: A New Possibility?

A recent judgment from the Dubai Court of First Instance determined that part of an employee’s remuneration can be paid in cryptocurrency, but notably does not change the basic principle that cryptocurrencies cannot be the sole…more

Cryptocurrency, Digital Assets, Employer Liability Issues, International Labor Laws, United Arab Emirates (UAE)

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Katherine Gianelli

‘Indemnify, Defend, and Hold Harmless’: What Does It Really Mean?

An indemnification provision serves as a contractual remedy to redress a party’s (or third party’s) financial loss suffered as a result of a claim, breach, or some other event or condition set forth in the provision…more

Contract Terms, Indemnification Clauses, Indemnity, Indemnity Claim

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Randall Gleason

Noncompete Clause No Longer Persona Non Grata in Wake of Ryan Ruling

Mere months after the Federal Trade Commission (FTC) approved a final rule banning almost all worker noncompete clauses, the US District Court for the Northern District of Texas granted in Ryan LLC v. Federal Trade Commission…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Andrew Gray IV

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

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

Copyright, Copyright Infringement, Copyright Litigation, Fair Use, Intellectual Property Protection

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Dana Gross

Rise of Text-to-Speech AI Models Part 1: Intellectual Property Issues

Text-to-speech AI models (TTS Models) are rapidly evolving within the broader spectrum of AI solutions, offering tremendous potential for businesses. These models can analyze text and speech as well as generate anything from…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Text Messages

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Dennis Gucciardo

Are There Hidden Defects in Medical Device Warranties? A Conversation with Dennis Gucciardo

As part of our Spotlight series, Dennis C. Gucciardo, who counsels medical device manufacturers throughout the product lifecycle in the US Food and Drug Administration (FDA) regulatory context, shares insight into some important…more

Food and Drug Administration (FDA), Manufacturers, Medical Devices, Warranties

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Kristin Hadgis

Kristin Hadgis – Ecommerce and Online Contracting

Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan…more

Browsewrap Agreement, E-Commerce, Internet Retailers, Online Contracts, Terms and Conditions

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Martin Hirschprung

Update: Security Requirements under New York SHIELD Act to Go Into Effect

One of the major changes introduced by the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, which was signed into New York law last year, is scheduled to take effect this week. …more

Cybersecurity, Data Breach, Data Management, Data Protection, Data Security

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Sylvia Hu

China’s Proposed Regulations on National Network Identity Authentication Public Services

The Ministry of Public Security and the Cyberspace Administration of China (CAC) on July 26, 2024 released an announcement soliciting public comments on the Draft Measures for the Administration of National Network Identity…more

China, Cybersecurity, Personal Information, Proposed Regulation

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Theresa Kalathil

AI Regulation in India: Current State and Future Perspectives

Artificial intelligence (AI) presents big opportunities and potential risks for countries around the globe, and India is no exception. India has a vast, burgeoning high-tech labor force. The country also attracts millions of…more

Artificial Intelligence, Innovative Technology, OECD, Technology Sector

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Rahul Kapoor

AI Regulation in India: Current State and Future Perspectives

Artificial intelligence (AI) presents big opportunities and potential risks for countries around the globe, and India is no exception. India has a vast, burgeoning high-tech labor force. The country also attracts millions of…more

Artificial Intelligence, Innovative Technology, OECD, Technology Sector

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Eric Kim

2023 Tech & Sourcing Summit: A Summary

On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team filled a room in New York with representatives from various industries who were looking to engage in interactive discussions…more

Artificial Intelligence, Automation Systems, Outsourcing, Technology Sector

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A. Benjamin Klaber

Keeping Options Open When Going Exclusive

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…more

Breach of Contract, Contract Terms, Counterparties, Licenses

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Todd Liao

China’s Proposed Regulations on National Network Identity Authentication Public Services

The Ministry of Public Security and the Cyberspace Administration of China (CAC) on July 26, 2024 released an announcement soliciting public comments on the Draft Measures for the Administration of National Network Identity…more

China, Cybersecurity, Personal Information, Proposed Regulation

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Steven Lightstone

UK Law Commission Launches Consultation on Digital Assets

The UK’s Law Commission (the Commission) published a consultation paper on July 28, 2022, proposing certain reforms to private property law in relation to digital assets, which was in response to the UK government requesting the…more

Bitcoin, Blockchain, Consultation Papers, Cryptocurrency, Digital Assets

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Wan-Shon Lo

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

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…more

Commercial Contracts, Contract Drafting, Contract Terms, IP License, Non-Disclosure Agreement

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Whitney Lohr

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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Emily Lowe

Two ‘Gotchas’ to Watch for When Negotiating (Not Just AI) Contracts – Part 1

As we continue to see AI steadily and increasingly be incorporated into service offerings, businesses should pay special attention to previously “standard” provisions when contracting for the provision and use of services that…more

Artificial Intelligence, Authorship, Copyright, Copyright Office, Copyright Registration

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Robert Mailer

UK Law Commission Launches Consultation on Digital Assets

The UK’s Law Commission (the Commission) published a consultation paper on July 28, 2022, proposing certain reforms to private property law in relation to digital assets, which was in response to the UK government requesting the…more

Bitcoin, Blockchain, Consultation Papers, Cryptocurrency, Digital Assets

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David McManus

2023 Tech & Sourcing Summit: A Summary

On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team filled a room in New York with representatives from various industries who were looking to engage in interactive discussions…more

Artificial Intelligence, Automation Systems, Outsourcing, Technology Sector

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Barbara Murphy Melby

Cracking AI and Outsourcing Conundrums (Part 4): Who Owns—And Has the Right to Use—What

This blog is the finale to our Cracking AI and Outsourcing Conundrums series, a series in which we’ve discussed thought-provoking topics and set the stage for dynamic discussions with outsourcing customers and providers on the…more

Artificial Intelligence, Corporate Counsel, Innovative Technology, Machine Learning, Outsourcing

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Lisa Merod

Paying Salaries in Cryptocurrency in the UAE: A New Possibility?

A recent judgment from the Dubai Court of First Instance determined that part of an employee’s remuneration can be paid in cryptocurrency, but notably does not change the basic principle that cryptocurrencies cannot be the sole…more

Cryptocurrency, Digital Assets, Employer Liability Issues, International Labor Laws, United Arab Emirates (UAE)

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Scott Milner

2023 Tech & Sourcing Summit: A Summary

On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team filled a room in New York with representatives from various industries who were looking to engage in interactive discussions…more

Artificial Intelligence, Automation Systems, Outsourcing, Technology Sector

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James Mulligan

Preparing for DORA: ESAs Publish Incident Reporting Requirements

In our latest blog post on preparing for the EU’s Digital Operational Resilience Act (DORA), entering into force on January 17, 2025, we take a look at second-level requirements under DORA covering the classification and…more

EU, European Commission, European Supervisory Authorities (ESAs), Regulation Technical Standards (RTS)

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Alena Neskoromyuk

Considerations for Tech-Reliant Critical Service Providers

The widespread technology outage on July 19, 2024 highlighted major potential issues that can arise when service providers rely on technology to provide critical services. The effects of the outage were felt by critical service…more

Liability, Service Professionals, Technology Sector, Transparency

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Kenneth Nunnenkamp

US Outbound Tech Investments in Crosshairs with EO, ANPRM Release

The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.” Executive…more

Biden Administration, CFIUS, Foreign Investment, National Security, Semiconductors

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Katherine O'Keefe

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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Carla Oakley

LinkedIn v. hiQ: Landmark Data Scraping Suit Provides Guidance to Data Scrapers and Web Operators

Following up on our April 27, 2022 post, Data Scraping Deemed Legal in Certain Circumstances, the most significant data scraping lawsuit has finally come to an end. After six years of litigation, LinkedIn Corp. and hiQ Labs,…more

Breach of Contract, Common Law Torts, Computer Fraud and Abuse Act (CFAA), Corporate Counsel, Estoppel

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Gregory Parks

2023 Tech & Sourcing Summit: A Summary

On October 25, the Morgan Lewis technology transactions, outsourcing, and commercial contracts team filled a room in New York with representatives from various industries who were looking to engage in interactive discussions…more

Artificial Intelligence, Automation Systems, Outsourcing, Technology Sector

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Eleanor Pelta

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

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Eric Pennesi

Excuse from Performance in Commercial Contracts Part 2: Sorry, Not Sorry

In part one, we discussed key considerations for the possible inclusion of commercial contract provisions affording a party with excusal/relief from liability for nonperformance of an obligation that it otherwise would have been…more

Breach of Contract, Commercial Contracts, Contract Terms, Performance Standards

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Vito Petretti

California Orders Vendors of Digital Content to Stop Using Misleading Terms

As more and more purchases of digital content happen online, without delivery of any physical media to the purchaser, consumers may not be able to access their purchased content in situations where vendors have removed such…more

Governor Newsom, Misleading Statements, State and Local Government

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Michael Pfeuffer

Cracking AI and Outsourcing Conundrums (Part 4): Who Owns—And Has the Right to Use—What

This blog is the finale to our Cracking AI and Outsourcing Conundrums series, a series in which we’ve discussed thought-provoking topics and set the stage for dynamic discussions with outsourcing customers and providers on the…more

Artificial Intelligence, Corporate Counsel, Innovative Technology, Machine Learning, Outsourcing

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Mike Pierides

Preparing for DORA: ESAs Publish Incident Reporting Requirements

In our latest blog post on preparing for the EU’s Digital Operational Resilience Act (DORA), entering into force on January 17, 2025, we take a look at second-level requirements under DORA covering the classification and…more

EU, European Commission, European Supervisory Authorities (ESAs), Regulation Technical Standards (RTS)

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David Plotinsky

US Outbound Tech Investments in Crosshairs with EO, ANPRM Release

The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.” Executive…more

Biden Administration, CFIUS, Foreign Investment, National Security, Semiconductors

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Charlotte Roxon

Luxembourg’s Financial Services Regulator Enhances ICT Incident Reporting Framework

New ICT incident reporting requirements under Circular 24/847 (Circular) of the Commission de Surveillance du Secteur Financier (CSSF), Luxembourg’s financial regulator, will come into effect on April 1. This introduces a new…more

CSSF, Financial Institutions, Investment Firms, Investment Funds, Luxembourg

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Valentina Semenikhina

California Orders Vendors of Digital Content to Stop Using Misleading Terms

As more and more purchases of digital content happen online, without delivery of any physical media to the purchaser, consumers may not be able to access their purchased content in situations where vendors have removed such…more

Governor Newsom, Misleading Statements, State and Local Government

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Omar Shah

UK Ofcom Proposes to Refer Cloud Computing Market for Antitrust Investigation

The UK communications regulator and concurrent competition authority, Ofcom, announced on April 5 its proposal to refer the UK cloud services market to the Competition and Markets Authority (CMA) for further investigation. This…more

Antitrust Investigations, Antitrust Provisions, Cloud Computing, Cloud Service Providers (CSPs), Competition

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Doneld Shelkey

AI in the Workplace: It May Be Time to Update Your Employee Handbook

One of the commonly advertised features of AI is that it is beneficial for automation and increasing productivity. When a company considers improving its productivity and employing an AI tool, it will typically go through a…more

Artificial Intelligence, Employee Handbooks, Employer Liability Issues, Employment Policies

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Katrina Slack

‘Indemnify, Defend, and Hold Harmless’: What Does It Really Mean?

An indemnification provision serves as a contractual remedy to redress a party’s (or third party’s) financial loss suffered as a result of a claim, breach, or some other event or condition set forth in the provision…more

Contract Terms, Indemnification Clauses, Indemnity, Indemnity Claim

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Dr. Axel Spies

GDPR: When Can Data Controllers Rely on 'Legitimate Interests' for Data Processing? New Guidelines from the EDPB

The European Data Protection Board (EDPB), the umbrella group of the EU’s data protection authorities, has issued new Guidelines 01/2024 of October 9, 2024 on the processing of personal data based on the legitimate interest…more

Cybersecurity, Data Controller, Data Protection, European Data Protection Board (EDPB), General Data Protection Regulation (GDPR)

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Vasilisa Strizh

Non-Russian Online Businesses May Be Forced to Open Offices in Russia and Submit to Russian Jurisdiction

Draft law “On Activities of Foreign Companies in the Internet in the Territory of the Russian Federation,” introduced to the State Duma, a lower chamber of the Russian parliament, on May 21, 2021, aims to extend Russian…more

Advertising, Cybersecurity, Data Privacy, Foreign Corporations, Jurisdiction

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Jesse Taylor

Social Media Influencer Agreements, Part 2: Considerations When Drafting for an Influencer

In Part 1, we discussed how companies rely on social media influencers to promote their products and services online, and certain items to consider when drafting an influencer agreement. In this Part 2 blog post, we’ll focus on…more

Advertising, Endorsements, Influencers, Marketing, Social Media

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Leonidas Theodosiou

Big Tech: UK Digital Markets, Competition and Consumers Bill Submitted to Parliament

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…more

Big Tech, Competition, Digital Markets Strategy, FinTech, Online Platforms

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Jonathan D. Traub

Despite Delayed Adoption of Final Regulations, CPRA Is Enforceable As of Initial Enforceability Date

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

California Privacy Rights Act (CPRA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Privacy

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Carl Valenstein

US Outbound Tech Investments in Crosshairs with EO, ANPRM Release

The Biden administration issued a long-anticipated executive order on August 9 regarding US outbound investment in select technology and products with national security applications produced by “countries of concern.” Executive…more

Biden Administration, CFIUS, Foreign Investment, National Security, Semiconductors

See all updates »

Krista Vink Venegas, Ph.d.

IP and Commercial Contract Litigation Developments and Trends: What Transactional Lawyers Should Know

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…more

Commercial Contracts, Contract Drafting, Contract Terms, IP License, Non-Disclosure Agreement

See all updates »

Joseph Washington

Rise of Text-to-Speech AI Models Part 1: Intellectual Property Issues

Text-to-speech AI models (TTS Models) are rapidly evolving within the broader spectrum of AI solutions, offering tremendous potential for businesses. These models can analyze text and speech as well as generate anything from…more

Artificial Intelligence, Copyright, Intellectual Property Protection, Text Messages

See all updates »

Peter Watt-Morse

Proposed H-1B Modernization – A Conversation with Shannon Donnelly

As part of our Spotlight series, we invited Shannon Donnelly, a partner in our Washington, DC office who works with clients on a wide range of complex global immigration and mobility issues, to discuss the proposed H1B…more

Foreign Nationals, Foreign Workers, H-1B, Immigrants, Immigration Procedures

See all updates »

Michael Weil

Noncompete Clause No Longer Persona Non Grata in Wake of Ryan Ruling

Mere months after the Federal Trade Commission (FTC) approved a final rule banning almost all worker noncompete clauses, the US District Court for the Northern District of Texas granted in Ryan LLC v. Federal Trade Commission…more

Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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