Tech & Sourcing @ Morgan Lewis

The COVID-19 pandemic introduced unprecedented challenges, requiring companies to adapt quickly to the way their personnel work, changes in their business offerings, and how they interact with their customers and suppliers. With some time to adjust to the “new normal” of the pandemic (and hopefully soon, the post-pandemic), many companies are looking ahead—with a potential economic downturn being top of mind.

The race to improve, automate, and modernize business operations has led many companies to reexamine their foundational digital platforms to assess whether it is time (or past time) to transform these platforms to better support and keep pace with current and future business needs and leverage state-of-the-art technologies. While the possibilities of platform transformations are exciting—from disruptive functionality and analytics to enhanced user experience—they can also be daunting from a project management, timeline, and cost perspective.

As we all try to keep up with the Metaverse and as the healthcare system wilts under a data deluge, the convergence of realities in a shared online space is not merely a chance for practitioners and patients to find each other and interact in new ways, it’s also a rare opportunity to help a new paradigm sprout. The answers to detangling some sticky wickets of Health 2.0, like ensuring efficient, secure communications and exchanges between participants, may share a common thread: clear out (not just debug) the cobwebs and flip the crypt.

As part of our Spotlight series, Dion Bregman (who wears many hats at Morgan Lewis, such as deputy leader of the firm’s intellectual property practice, leader of the firm’s Patent Trial and Appeal Board (PTAB) team, managing partner of the firm's Silicon Valley office, and co-leader of the firm’s technology industry team) shares some of his meta thoughts. As a follow up to Dion’s recent participation in a panel discussion, An Introduction to the Metaverse, Dion provides insight into some important developments, issues, and opportunities, as we all continue to focus on Keeping Up with the Metaverse. 

A new Morgan Lewis White Paper, Bipartisan Proposal Attempts to Provide Solutions for Comprehensive Regulation of Digital Assets, analyzes the proposed Responsible Financial Innovation Act (RFIA) in the United States from several different angles, including with respect to issues such as key definitions in this emerging space, jurisdiction, ancillary assets (which are not fully decentralized), stablecoin issuance, taxes, disclosures, and money transmission. 

As we discussed in Part 1 of this blog series, many SaaS providers are seizing opportunities to expand their offerings and become a go-to marketplace or network, but their original contract terms and procedures often don’t fit their evolving business models.

In October 2021, it was announced that Facebook would formally change its name to Meta as part of an ambitious new initiative called the “metaverse”—a convergence of physical, augmented, and virtual reality in a shared online space. Shortly after this announcement, we wrote a blog post, A Brief Overview of the Metaverse and the Legal Challenges It Will Present. Since then, metaverse trends have experienced phenomenal growth, with the emergence of new immersive virtual reality and collaborative spaces for human interactions, transactions, and data exchanges on decentralized networks.

As more and more SaaS providers, in digital health, fintech, and other industries, look for ways to integrate with and offer third-party applications (in their quest for powerful network effects), they eventually reach a point where the reality contemplated by their original standard terms and the world (or metaverse) of their now-envisioned business model diverge.

On May 6, 2022, the UK government outlined its plans to boost competition and drive economic growth and innovation in a major regulatory reform aimed at big tech. The news comes in the wake of fears that a handful of tech giants disproportionately dominate the market, subjecting smaller businesses to predatory prices and ultimately harming consumers through higher prices as well as limited options and control over their online experiences.

Welcome to the conclusion of our two-part Spotlight post with Lee Harding in which we discuss key employment/labor and employment law issues in relation to UK and EU outsourcing transactions. In Part 1, we talked about key initial considerations and specific timescales involved.