Jones Day Presents: Smart Contracts and Blockchain
Driven by the demand for AI-ready cloud infrastructure, the market cap for global data center construction, currently valued at more than $250 billion, is set to double in less than ten years, reaching half a trillion dollars...more
When a customer purchases software-as-a-service (SaaS)–which is sometimes called a “cloud” service or product–the software is not hosted. It does not reside at the customer’s location or data center. Rather the software is...more
Ask any centralized cryptocurrency firm to name one of their biggest priorities or challenges—and then count the number of times they mention bank partnerships. For crypto firms, the loss of, or failure to acquire, a bank...more
The Digital Operational Resilience Act (DORA) establishes a harmonised and comprehensive framework for information and communication technology (ICT) risk management in the financial sector. It is a directly applicable EU...more
In today's business landscape, cloud computing is an essential component for scalability, cost-efficiency, and operational agility. However, as dependence on cloud services grows, disputes are becoming increasingly frequent....more
In the first portions of this series, we dug into the success factors that need to be considered when deciding to embark on a journey into managed services and then some of the key focus areas that need to be included in the...more
How to define and categorize EUC risks based on organizational impact - Any application supporting a critical process that is developed or managed by end users rather than an IT department or professional software...more
Companies procuring or providing Software-as-a Service (SaaS) technology need some form of contract to govern the relationship between the SaaS provider and customer. As with many intellectual property (IP) and technology...more
Software as a service (SaaS) is a distribution model where the software vendor hosts their software on their own servers, or the cloud, as opposed to the customer purchasing the software for use on their own on-premises...more
What software solutions are considered “mission critical” for your business? If a hospital’s elevator music subscription came to an abrupt end, not many people would notice. But if the hospital lost access to its electronic...more
In Part 1, we discussed what a dependency in a technology integration is and how to deal with it in a contract. In this installment, we’ll consider how to address the risk of the assisting party not providing required...more
As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more
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...more
The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more
Find out why it’s important for businesses to apply these attributes of a highly available system architecture to mitigate the risk of downtime and disruption. ...more
This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award. The first, HWI Gear, emphasizes the requirement for small...more
Work Capital, LLC v. AlphaOne Capital Partners, LLC, C.A. No. N19C-08-036 PRW CCLD (Del. Super. June 25, 2020) - Delaware law may provide statutory tort remedies in addition to contractual remedies for actions involving...more
In cloud services, whether it is infrastructure as a service (IaaS), platform as a service (PaaS), or software as a service (SaaS), service availability is often a significant customer concern because the customer is relying...more
For today's global enterprises, smart management of third-party supply chain providers can help ensure efficient and error-free movement of goods. This article explores key contract strategies and operational risk mitigation...more
In the sixth in a series of 12 Jones Day Presents: Blockchain videos, partner Mark Rasmussen discusses smart contracts, which execute automatically upon the occurrence of an event, and describes the use of the technology in...more
In the last couple of weeks you have certainly been thinking about your New Year’s resolutions. As 2018 kicks off, there’s no better time to the think about how to manage your suppliers and your procurement process. Service...more
I have negotiated hundreds of SaaS agreements for dozens of software companies and I always hated when the company on the other side was a healthcare provider. Invariably, they would bring up Protected Health Information...more
Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations....more
Josh Ganz, Partner at Kilpatrick Townsend, focuses his practice on strategic outsourcing, technology licensing and other complex commercial transactions. Michelle Tyde, Counsel at Kilpatrick Townsend, focuses her practice on...more
The Department of Health and Human Services’ Office of Civil Rights (OCR) has issued guidelines for HIPAA-covered entities that utilize cloud computing in processing electronic protected health information (ePHI). The...more