TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

The German Federal Office for Information Security (BSI) has determined the suitability of an industry-specific security standard (B3S) with which hospitals can align their IT security measures. The B3S standard was developed by the German Hospital Association (DKG).

Morgan Lewis partners Mike Pierides and Simon Lightman, in our technology, outsourcing, and commercial transactions practice, and Louise Skinner and Lee Harding, in our labor and employment practice, will be presenting "Ahead in the Cloud: Outsourcing and the Fourth Industrial Revolution" at the 2019 Strategic Sourcing Symposium on November 18.

They will discuss the challenges of workplace disruption arising from the insourcing or outsourcing of talent, and how businesses can ensure that their employer standards are not compromised by such outsourcing. Specific discussion topics will include the following:

  • How technology developments are changing the world of work
  • The multigenerational workplace
  • The rise of automation
  • The availability of remote working

The presentation is part of a daylong event in London that will include presentations from leading academics, business professionals, and legal practitioners in the technology industry. To register, visit the Global Sourcing Association event page.

Morgan Lewis technology, outsourcing, and commercial transactions partners Mike Pierides and Simon Lightman will be presenting at PSS2019: Retail Excellence, a technology-focused aviation conference organized by aviation technology consultants T2RL, held November 12–14. Morgan Lewis is also one of the sponsors of the event.

Mike will be presenting on passenger service system contracts on Wednesday, November 13. The presentation will involve a discussion on how contracts balance risk allocation against risk mitigation.

In addition, Mike and Simon will be hosting a roundtable on aviation technology contracts and issues.

The event will be held at the Queen Elizabeth II Centre in London, and includes a number of presentations from industry professionals, consultants, lawyers, and academics across three days. Each year, the conference is well attended by representatives from many airlines as well as the main technology providers and suppliers in the sector. Both Mike and Simon will be available during the conference to discuss how Morgan Lewis can assist in this industry. To register, visit the PSS2019 event page.

The importance of cybersecurity in the autonomous vehicle setting is well known, but nuance and complexity will be on our LiDAR (a pulsed laser that measures ranges) where the rubber meets the road.

The Challenging, Shifting Landscape

Cybersecurity is one of the key issues of the digital age, typically in the context of security and privacy of confidential or personal data. Cybersecurity is particularly challenging and important for technologies such as self-driving cars, where the real world and the digital, connected world meet and where cyber breaches could result in danger to life and property.

Autonomous vehicles are still in their infancy. Significant uncertainty surrounds this rapidly evolving ecosystem. Standards and regulations are still in a state of flux, and the “rules of the game” are still unclear: how, and how long, will human drivers/operators continue to be involved (along with their proclivity for risky, unpredictable and gullible behavior)? At this relative stage of immaturity, market participants are developing their own divergent solutions that will eventually need to seamlessly integrate, increasing the potential for cyber vulnerabilities. However, the opportunity (for both innovators and society at large) is clear, as smart, interconnected vehicles and systems promise remarkable improvements in efficiency and safety. The race is on.

Please join us for the next installment of the Morgan Lewis Life Sciences Growth Webinar series, which will focus on university licensing. Topics to be discussed include:

  • Academia/industry perspective differences
  • Overarching academic policies and laws
  • Specific academic licensing terms
  • Post-licensing action items

This webinar will be hosted by Benjamin H. Pensak, a partner in our San Francisco office and Stephen L. Altieri, a partner in our Boston office. This event will take place on November 5, 2019, from 12:30 pm to 1:30 pm (ET). Registration and additional information for the event can be found here.

CLE credit: CLE credit in CA, FL, IL, NJ, NY, PA, TN, TX, and VA is currently pending approval for live viewings only. Credit in NJ is via reciprocity.

View past and upcoming presentations.

As mentioned in our recent blog post, the National Collegiate Athletic Association (NCAA) had been steadfast in its opposition to California’s recently enacted Senate Bill 206, known nationally as the “Fair Pay to Play Act,” which aims to allow collegiate student athletes to benefit financially from the use of their name and likeness and enter into licensing contracts.

On Tuesday, however, in a stunning reversal of course, the NCAA released a statement that their board of governors "voted unanimously to permit students participating in athletics the opportunity to benefit from the use of their name, image, and likeness in a manner consistent with the collegiate model." This concession by the NCAA has opened the door for student athletes to earn millions of dollars through license and endorsement deals.

The EU Commission issued its report on the third annual review of the functioning of the EU-US Privacy Shield (Privacy Shield) on October 23. The annual review and corresponding report is required of the Commission by the its July 2016 adequacy decision in which it found that the Privacy Shield ensures an adequate level of protection for personal data that has been transferred from the European Union (EU) to the United States. The goal of the review is to evaluate and publicly report on all aspects of the functioning of the Privacy Shield Framework.

Please join us for the next installment of the Morgan Lewis Automotive Hour Webinar series.

This webinar will be hosted by Rahul Kapoor, a partner in our Silicon Valley/San Francisco offices, Robert W. Dickey, a partner in our New York office, Daniel S. Savrin, a partner in our Boston office, and is the latest in a 10-part series covering a variety of topics related to clients in the automotive industry. This session will focus on the impact of automotive joint ventures and alliance issues on the automotive industry.

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.

The bill includes an amendment to the Securities Exchange Act of 1934 to “require the disclosure of the total number of domestic and foreign employees of certain public companies.” Specifically, the amendment would require public companies that are subject to the new requirements to include in their annual reports the number of employees domiciled in the United States and abroad, broken down by jurisdiction (e.g. states, countries, etc.), and a comparison to the corresponding figures in the company’s prior annual report calculated as a percentage change. The companies’ annual reports would therefore indicate outsourcing efforts of the company through these reported figures.

A recent ruling by the Court of Justice of the European Union (CJEU) established that companies seeking to store “cookies” that are used to track online browsing behavior must obtain “active consent.” The ruling is likely to cause angst among companies, which often maintain websites that are not set up to obtain active consent, as well as with internet users who are increasingly frustrated by having to continually provide consent while visiting websites.