Tech & Sourcing @ Morgan Lewis

The inclusion of transition-out obligations within service agreements should not be overlooked in the contract drafting process because they help to provide a game plan if the service provider/customer relationship winds down. In this post, we discuss some of the items a contract drafter should consider when drafting clauses to address transition-out obligations.

If you are just wrapping your head around the concepts of virtual reality and augmented reality, it may be time to get past the learning curve, as more technology companies are talking about creating the “metaverse.”

In our January 2021 blog post The Right to Repair in Massachusetts Rolls Forward, we discussed how Massachusetts voters in November 2021 approved Question One, a ballot initiative amending the commonwealth’s 2012 Right to Repair Law. The amendment provides that motor vehicles sold in Massachusetts, beginning with 2022 models, be required “to equip any such vehicles that use telematics systems—systems that collect and wirelessly transmit mechanical data to a remote server—with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application.” With authorization of the owner, such telematics data will be available to independent repair facilities and dealerships not otherwise affiliated with the manufacturer of the vehicle, who will “send commands to the vehicle for repair, maintenance, and diagnostic testing.” In turn, a contractual relationship between the manufacturer and the independent repair facility will no longer be required in order for such data to be shared.

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.

US Secretary of Commerce Gina Raimondo announced on September 8 that the Department of Commerce established a high-level committee to advise the federal government on a range of issues related to artificial intelligence (AI) and the National Artificial Intelligence Initiative (the Initiative).

According to recent guidance from the US Federal Trade Commission (FTC), providers of health apps and connected devices that collect consumers’ health information must comply with the FTC’s Health Breach Notification Rule, 16 CFR Part 318, and therefore are required to notify consumers and others when their health data is breached.

Various Chinese regulators announced a blanket ban on all cryptocurrency transactions and mining, the latest in a concerted effort to address illicit activities conducted using digital assets. The announcement on September 24, 2021, authored by a group of agencies including the China Securities Regulatory Commission and the People’s Bank of China, among others, represents the government’s most direct and sweeping action against cryptocurrencies to date. “Virtual currency derivative transactions are all illegal financial activities and are strictly prohibited,” the People’s Bank of China said on its website.

Last week, we started to take a look at key issues sponsors should be mindful of when entering into a sponsorship agreement, particularly for sponsorship of a team, event, venue, individual influencer or player, or similar arrangements.

It has become increasingly clear that improving cybersecurity will be a main focus, and important goal, of the Biden-Harris administration.

With many sports, music, and other events returning to in-person attendance after a prolonged hiatus for pandemic-related reasons, and others continuing to be conducted in front of huge virtual audiences, we think it’s a good time to run through some of the most common issues we encounter in sponsorship agreements.