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Risk Mitigation via Software Code Due Diligence

Morgan Lewis’s technology, outsourcing, and commercial transactions team often advises on transactions where there is some form of intellectual property being transferred from one party to another party. This may be due to a...more

Key Tips and Considerations for Digital Health Transactions

The digital health space is seeing strong growth, with deal activity booming and new players eager to get involved. However, since these transactions may involve typically fast-moving tech companies joining forces with life...more

Sports Sponsorship Agreements in the Digital Age

Technological advances and changes prompted by COVID-19 have driven an evolution in sports sponsorship agreements, from traditional advertising to a digital-heavy and more accessible sponsorship environment. But with those...more

Dungeons & Dragons: The Campaign for the Open Gaming License

Until early 2023, a public disagreement regarding open intellectual property licenses was ongoing between the owner of a significant piece of popular content—the roleplaying game Dungeons & Dragons (D&D)—and the individuals...more

The Interplay Between NFTs in the Metaverse

The metaverse and non-fungible tokens (NFTs) may come with a perception of being used solely for entertainment and frivolity, but the technologies are more than videogames and multi-million-dollar art pieces. Viewing the...more

Outsourcing in Luxembourg: Prior Notification for Material IT Outsourcing

In late 2021, the Luxembourg Commission de Surveillance du Secteur Financier (CSSF) published Circular CSSF 21/785 (the Circular), which introduced a more relaxed approach on the communication requirements in relation to...more

Sanctions Apply to Cryptoasset Sector Confirm UK Financial Regulatory

On March 11, 2022, the UK Financial Conduct Authority (FCA), the Bank of England, and the Office of Financial Sanctions Implementation (OFSI) released a joint statement reiterating that all UK financial services firms,...more

US Issues Executive Order on Ensuring Responsible Development of Digital Assets

The White House issued an executive order on March 9 relating to the responsible development of digital assets in the United States. This executive order outlines the first ever whole-of-government approach to both addressing...more

UK Financial Conduct Authority Drives Changes to Buy Now, Pay Later Contract Terms

The UK Financial Conduct Authority (FCA) released a statement on February 14 confirming a series of changes to potentially unfair contract terms that had been agreed with four of the largest providers of Buy Now, Pay Later...more

AI in Financial Services: Bank of England and UK FCA Highlight Key Challenges and Risks

The Bank of England (Bank) and the UK Financial Conduct Authority (FCA) published their final report of discussions from the UK Artificial Intelligence Public-Private Forum on February 17. Over quarterly meetings and several...more

NFTs: What's in Store for 2022?

2021 was a banner year for non-fungible token sales, which are projected to climb even higher in 2022. Selected by Collins English Dictionary as the 2021 Word of the Year, non-fungible tokens (NFTs) are unique...more

Esports: The Year in Review and a Look Ahead

As the second year of the pandemic comes to a close, esports—competitive organized video gaming—continue to see viewership and revenue growth in a way that traditional sports have not. Esports viewership is expected to reach...more

President Biden’s Cybersecurity Executive Order

As many of our readers are aware, President Joseph Biden issued an executive order on May 12 to improve the nation’s cybersecurity. While much of the executive order focuses on strengthening the federal government’s networks...more

Businesses Continue Expansion to the Cloud

Annual spending worldwide on cloud services is expected to increase by 23% in 2021, according to a recent article in The Wall Street Journal, which cites a forecast by IT research and consulting firm Gartner Inc. ...more

DOL Issues Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Recordkeepers, Plan Participants – Part 2

Last week, we posted on the guidance issued by the US Department of Labor (DOL) for plan sponsors, plan fiduciaries, recordkeepers, and plan participants on cybersecurity best practices. Last week’s post focused on the...more

Suspension Rights in SaaS Agreements

Customers engaging a software as a service (SaaS) vendor often end up using the vendor’s form agreement, which can range from being extremely vendor friendly to middle of the road. Regardless of where it falls on the...more

DOL Issues Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Recordkeepers, Plan Participants

The US Department of Labor (DOL) recently announced guidance for plan sponsors, plan fiduciaries, recordkeepers and plan participants on cybersecurity best practices. The guidance focuses on three areas: (1) tips for hiring a...more

CCPA Regulations Updated and Finally Approved

The California state attorney general issued a press release on August 14 stating that the Office of Administrative Law (OAL) has approved the California Department of Justice’s regulations regarding the California Consumer...more

Spending on Cloud Services Surges During Economic Fallout

As companies adjusted to the “new normal” of coronavirus (COVID-19) restrictions, spending on cloud services has seen a boom. Spending by companies on cloud services exploded in the second quarter to a record $34.6 billion,...more

Good Online Hygiene

With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon...more

EU-US Privacy Shield Struck Down in Schrems II Ruling

A recent Court of Justice of the European Union (CJEU) ruling—Schrems II—could lead to significant changes for companies that rely on the EU-US Privacy Shield for transferring personal data from the European Economic Area...more

How COVID-19 Made Esports the ‘Only Game in Town’

By the second week of March, the National Basketball Association, National Hockey League, Major League Soccer, and Major League Baseball had suspended games due to the coronavirus (COVID-19) pandemic. The good news for those...more

Update on EU's Eprivacy Regulation

The EU Council Presidency on September 18 put forward to member states an 88-page compromise proposal on the Eprivacy Regulation with considerable changes and amendments. There are several proposed changes to the provisions...more

The CCPA’s ‘Verifiable Consumer Request’ Requirement and Data Breach Risks

The January 1, 2020, deadline to comply with the California Consumer Privacy Act (CCPA) is fast approaching. Signed into law in the summer of 2018, the CCPA creates a variety of new consumer privacy rights and will require...more

SAFETY Act Provides Liability Protection to Colleges and Universities for Physical Security of Stadiums and Arenas

More than 1,000 Support Anti-Terrorism by Fostering Effective Technologies Act (SAFETY Act) of 2,002 approvals have been granted by the US Department of Homeland Security (DHS) since the act’s inception. Many professional...more

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