Tech & Sourcing @ Morgan Lewis

Artificial intelligence (AI) and machine learning (ML) are transforming industries and everyday life—but they are not without potential legal issues. ML, a subfield of AI, involves developing algorithms and statistical models that enable computers to learn and make decisions or predictions based on data without explicit programming. As ML systems improve over time with exposure to new data, they present new legal challenges for attorneys and businesses to navigate.

The use of open-source software (OSS) is ubiquitous. Depending on what license governs the type of OSS a company uses and how it uses the OSS, OSS use impacts the valuation of the intellectual property (IP) used by a company or transferred in a merger or acquisition (M&A). Thus, OSS-related representations and warranties have become an integral part of the IP representations and warranties in M&A transactions and financings.

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 and corporates that engage with it for free.

In the era of digital transformation, businesses increasingly rely on software-as-a-service (SaaS) solutions for various operational needs. For a buyer, it is crucial to prioritize data security when negotiating SaaS contracts to safeguard sensitive information and comply with data protection regulations. In this post, we explore the essential data security provisions buyers should consider when entering into SaaS agreements.

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 servers.

OpenAI has introduced its artificial intelligence (AI) language model, ChatGPT, to the world. ChatGPT interacts with users in a conversational manner to create human-like text in response to prompts. The use cases of this potentially disruptive technology appear to be limitless as it has the ability to generate text on a wide variety of topics, including contract drafting. Naturally, lawyers and nonlawyers alike are considering whether ChatGPT is useful as a contract drafting tool.

ChatGPT and subsequent artificial intelligence (AI) programs have been in the headlines recently. Not as common is the discussion of the cost associated with developing and operating such AI tools or if such AI is right for every job.

The European Commission (Commission) is adopting an Adequacy decision for certain transfers of personal data to the United States. This adoption would foster trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union’s judgment in the Schrems II case. View our LawFlash on the case and our LawFlash on US President Joe Biden's 2022 executive order (EO) addressing points raised by the court.

Although the metaverse as a retail market is a relatively new idea, both established and emerging fashion brands are trying to make the most of this new way of engaging with customers. Combining aspects of virtual reality, augmented reality, and mixed reality, the metaverse allows businesses to connect directly with consumers and to conduct business on a new global, digital platform.

With record sales topping $544 billion in 2022 and no sign of descent in sight, the public cloud and related services continue to soar to new heights.