Tech & Sourcing @ Morgan Lewis

In this contract corner, we consider the concepts of “good faith” in commercial contracts under English law.

Set out below are 10 contractual mechanisms for providing meaningful performance commitments and consequences if the commitments are not met. Maybe you will not need to invoke these mechanisms, but having firm rules may help drive good behavior (you know the old adage, “good fences make good neighbors”).

As mentioned in our recent blog post, Morgan Lewis, led by technology, outsourcing and commercial transactions partner Mike Pierides, hosted a roundtable on aviation technology contracts and issues on November 14 at the PSS2019: Retail Excellence conference. The roundtable included representatives from airlines, airline industry professionals, and technology suppliers.

The Outsourcing Accountability Act of 2019, which was introduced in July and would effectively require some public companies to report their outsourcing of jobs, passed the US House of Peoples Representatives on October 18.

When we represent customers in outsourcing and managed services transactions, we spend a significant amount of time drafting the exhibits for transition, which is typically a major project in and of itself. In order to help clients think about the major components of transition, we often provide the following checklist of common workstreams to facilitate our discussion.

In a recent Law360 article, Morgan Lewis lawyers Gregory Parks, Kristin Hadgis, and Terese Schireson discussed the recently passed bill in Nevada – Nevada Senate Bill 220 (SB 220) – that will require defined “operators” of websites or online services that are used for commercial purposes and collect personal data of Nevada consumers to comply with a consumer’s request not to sell personal information. SB 220 will be the first law of this scope in the United States that provides consumers with opt-out rights with respect to the sale of their data.

As a follow-up to our recent post on third-party contract due diligence in outsourcing deals, this post focuses on how customers in outsourcing deals handle the disposition of legacy third-party contracts—one of the thorniest and most work-intensive work streams—once diligence has concluded.

The National Institute of Standards and Technology (NIST) recently circulated a draft white paper discussing recommended security practices to be adopted throughout the various phases of software development.

Open source programs are becoming a best practice in the technology, telecom/media, and financial services industries.