We are excited to welcome Mathilde Carle as a partner in Morgan Lewis’s Paris office and as a guest contributor to our Tech & Sourcing Spotlight series to discuss intellectual property (IP) protection and other related issues...more
In the rapidly evolving world of software licensing and distribution, many vendors (and therefore customers) are considering a shift from traditional customer-hosted software solutions to Software as a Service (SaaS)...more
As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of...more
Our recent blog post, The Rise of Next-Gen Business Process Outsourcing, highlighted the importance of understanding the exciting opportunities and the challenges of next-gen business process outsourcing (BPO) in order to...more
With a solid uptick in requests for assistance with outsourcing, cloud, and as-a-service contracts, 2022 has been busy from the get-go. ISG Index confirmed this trend across the market in its recent Q2 ISG Index Report...more
The Court of Justice of the European Union (CJEU) has held in Case C-410/19 The Software Incubator Ltd v Computer Associates (UK) Ltd that the supply of software by electronic means, where accompanied by the grant of a...more
Planning for a change in service providers can sometimes feel like a logistical nightmare, but with proper planning and a long-term outlook, you can ward off operational issues that may arise during the process of...more
If you have been involved with SaaS agreements or agreements that are for, or are enabled by, cloud services, you have seen or even drafted provisions relating to the right to use data processed on or generated through the...more
The National Institute of Standards and Technology (NIST) recently circulated a draft white paper discussing recommended security practices to be adopted throughout the various phases of software development. The white paper...more
Customers in outsourcing arrangements are coming to expect (or starting to demand) that their providers have the resources, technology, and know-how to leverage automation software—whether robotics desktop automation (RDA) or...more
In Part 1 of this Contract Corner on Software as a Service (SaaS) agreements, we discussed ownership and use issues in SaaS transactions where the application is provided and hosted as a dedicated instance with common base...more
In the typical SaaS scenario, the SaaS vendor provides, maintains, and hosts (either itself or through a hosting SaaS vendor) the desired application layer, and grants the customer and its authorized users access to the...more