In the digital health market, new trends reveal future opportunities for innovators and shape healthcare investors’ strategies. Trends for 2022 include regulatory developments regarding digital health, telehealth expansion,...more
2/25/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Data Protection ,
Digital Health ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Information Technologies ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry ,
Popular ,
Regulatory Oversight ,
Telehealth ,
Telemedicine
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
/ Anti-Fraud Provisions ,
Asset Class ,
Blockchain ,
Cryptocurrency ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Initial Coin Offering (ICOs) ,
Popular ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Unregistered Securities
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
Adding corporate flexibility to IT-related commercial contracts can make seemingly unrelated mergers and acquisitions (M&A) transactions a bit less complex. Although many contracting parties already consider assignment rights...more
The Business Software Alliance (BSA) recently endorsed principles for building trust in the Internet of Things (IoT), highlighting the need for a risk-based approach that accounts for the various components, capabilities,...more
Although many companies are already revisiting contractual provisions relating to nonperformance, like force majeure clauses, as the coronavirus (COVID-19) pandemic continues to wreak havoc on public health and the economy,...more
In a prior series of posts, we discussed issues relating to intellectual property indemnification, including some exceptions, remedies, and allocation of liability. ...more
In the wake of the reinvigorated call for equality and greater diversity and inclusion, many companies—largely through their procurement organizations—are taking the opportunity to revisit their diversity supplier programs,...more
For years, there has been a persistent trend toward outsourcing retirement plan recordkeeping and other administrative responsibilities. Although historically more prevalent for defined contribution plans, this outsourcing...more
The Clearing House (the oldest banking association and payments company in the United States) recently released a model agreement as a voluntary starting point to facilitate data sharing between financial institutions and...more
As mentioned in our recent blog post, Morgan Lewis, led by technology, outsourcing and commercial transactions partner Mike Pierides, hosted a roundtable on aviation technology contracts and issues on November 14 at the...more
The importance of cybersecurity in the autonomous vehicle setting is well known, but nuance and complexity will be on our LiDAR (a pulsed laser that measures ranges) where the rubber meets the road....more
In Part 1 of this series, we looked at the prevalence of standalone data processing addendums (DPAs) as a means to comply with rules on engaging third-party outsourcers under the EU General Data Protection Regulation (GDPR)....more
In Part 1 of this series, we provided an overview of data (or knowledge) commons and some key issues to consider, but how does one actually create and manage a data commons? To find your feet in this budding field, build on...more
Although the EU’s General Data Protection Regulation (GDPR) has been in force for more than six months, many organizations are still getting to grips with some of the practical requirements, including ensuring that their...more
You may have heard of the “tragedy of the commons,” where a resource is depleted through collective action, but knowledge is different from other resources—knowledge can be duplicated, aggregated, integrated, analyzed,...more
If you’re tired of deal fatigue, and if worrying about its signs and root causes has you feeling sapped, the best thing to do is to return to fundamentals. In this third and final installment, we explore how you can employ...more
If you’re like most business leaders, according to a recent survey conducted by Ernst & Young, the privacy compliance elephant in the room should no longer be ignored....more
Imagine a scenario where you are a new member of a deal team that has been working on the same deal day and night for months, but just can’t seem to close. As a new member of the team, you’re still fresh and optimistic, but...more
Galvanized by a confluence of charged factors—like privacy, cybersecurity, children, and the Internet of Things (IoT)—and sparked by recent assertions of Children’s Online Privacy Protection Act (COPPA) regulatory power, the...more
Have you ever really thought about deal fatigue? Most people don’t realize that it’s a thing. Yet its real, it’s powerful, and it can drive a deal team to unwittingly act against its own interests at the worst possible...more
The Illinois Biometric Information Privacy Act (IBIPA) has been grabbing headlines of late as class action lawsuits under IBIPA’s private right of action are piling up, but an Illinois state appeals court recently held that a...more