Tech & Sourcing @ Morgan Lewis

The purchase of applications (or apps) is a comprehensive arrangement that includes the transfer of a variety of rights and assets, including intellectual property (IP) rights, software, human resources, equipment, and infrastructure, as well as the transfer of related contracts, accounts, and data. In this Contract Corner, we highlight key considerations for developing an application purchase agreement.

Having recently announced the launch of the new UK Cyber Security Council, the UK government has followed up by announcing its plans to publish a new National Artificial Intelligence Strategy (the AI Strategy) later this year.

Maryland enacted a state tax on digital advertising gross revenues on February 12, after overriding the governor’s veto. The passed law, which is the first of its kind in the United States, imposes “a tax on certain annual gross revenues derived from certain digital advertising services in the State” and requires those whose revenues will meet a revenue threshold to complete and file with the state comptroller a specific tax return to reflect such position. Failure to pay such taxes as required could result in interest owed on such unpaid taxes or criminal penalties for failing to file or falsely filing a return.

A Nevada senator introduced Senate Bill 165 (SB 165) on March 2 to the state legislature, which aims to form the Nevada Esports Commission to govern and regulate esports in the state within the Department of Business and Industry. This type of esports commission would be a first in the United States. The proposed bill defines “esports” as “a contest of multiple players using video games.” The purpose of the bill is to form a relationship with the growing industry of esports and to promote and protect the integrity of esports competition. Participation and viewership of esports competitions are rising, which also creates a substantial opportunity for digital advertising.

The United Kingdom’s Digital Regulation Cooperation Forum (DRCF) on March 10 announced in its 2021–2022 workplan that the UK Financial Conduct Authority (FCA) will join as a full member from April 1, 2021.

The UK Financial Conduct Authority (FCA) has published its findings on an extensive review into the factors which determine failure or success when implementing technology change in the financial services sector.

Morgan Lewis partners Mike Pierides and Andrew J. Gray IV and associate Oliver Bell recently presented a webinar, Bias Issues and AI, as part of the Artificial Intelligence Boot Camp series.

As part of its five-year, £1.9 billion ($2.65 million) national cybersecurity strategy, the UK government on February 9 announced the launch of the UK Cyber Security Council (Council), a new independent body to support career opportunities and set professional standards for the UK’s cybersecurity sector. The Council will be formally launched on March 31, 2021.

The European Commission adopted a roadmap for the European Union's digital economy until 2030 on February 10, 2021.

In a March 2020 LawFlash, we highlighted that restrictions on service delivery locations and remote work could become key issues during the pandemic. Remote work was one of our five key issues in outsourcing and managed services in a follow-up article in June 2020. Our experience has since proven both articles to be correct. This Contract Corner will review the specific provisions that need to be reviewed based on continued remote work arrangements.