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Contract Law is a foundational first year course in any law school. As fledgling lawyers everywhere know, when they come out of law school and prepare for the bar exam, contracts form a critical component of our global...more
According to Forbes, “in 2025, the landscape of enterprise resource planning (ERP) is set for a thrilling transformation,” with a shift toward cloud-native ERP solutions at the top of the list....more
In an era where digital threats are more sophisticated than ever, cybersecurity has become a pressing concern for family enterprises. These businesses are attractive targets for cyberattacks and need to balance the critical...more
Negotiating a data processing agreement (DPA) is typically a necessary step when engaging vendors that handle personal data. However, these negotiations have become time consuming and complex, given the evolving privacy...more
Sports sponsorship contracts traditionally focus on category exclusivity and entitlements while overlooking data sharing language. However, with the rapid evolution of data usage in the industry, incorporating data sharing...more
Generative AI (GenAI) vendors, models, and uses cases are not created equal. Model providers must be trusted to handle sensitive data. Models, like tools in a toolbox, may be better suited for some jobs than others. Use cases...more
Are you using artificial intelligence in your business operations? Do you have AI embedded in the goods and services you offer customers? The regulatory framework applicable to AI continues to develop, including across US...more
The Department of Justice’s National Security Division (NSD) released several documents on April 11, 2025, to assist entities that must comply with the Final Rule regulating or prohibiting the transfer of bulk U.S. sensitive...more
While some areas of white-collar enforcement have been deprioritized by the Trump Administration, the Department of Justice (DOJ) remains committed to its Civil Cyber-Fraud Initiative as demonstrated by two recent False...more
The demand for data centers is continuing to accelerate, fueled largely by generative artificial intelligence (Gen AI), broader digital transformation, and organizations migrating to cloud infrastructure. Gen AI adoption...more
Recent reports concerning a potential security incident involving Oracle Cloud services provide a warning for many companies who allow third parties to access or store sensitive company data. A threat actor claims to have...more
The integration of artificial intelligence (AI) tools in healthcare is revolutionizing the industry, bringing efficiencies to the practice of medicine and benefits to patients. However, the negotiation of third-party AI tools...more
Artificial intelligence (AI) is reshaping the future of manufacturing. As manufacturing operations shift back to the U.S. in response to recent tariff policies, general counsels (GCs) in the manufacturing sector face a...more
Negotiating a service-level agreement sets clear expectations of each party's roles and responsibilities within online or cloud-based service arrangements. A service-level agreement (in particular, a "customer service-level...more
During the course of 2024, interest in generative and other types of artificial intelligence, machine learning and predictive applications and services (collectively, AI) accelerated across industries. Some sectors, such as...more
Recently, we had the opportunity to advise some clients who worked with a third-party vendor that maintained custody of personal information pertaining to our clients’ respective end users. The vendor suffered a data breach...more
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
The tightening of privacy and data protection compliance obligations in Canada and the United States, has led to increasingly comprehensive “data security and privacy” representations and warranties in purchase agreements, as...more
On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more
As the new year begins, prudent service providers will review and consider updating their contract forms to ensure they align with the company's strategic goals and comply with any current or upcoming laws and regulations. ...more
Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data...more
Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more
With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened...more
Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more