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

More companies are outsourcing recruitment process functions or are, at least, starting to consider the value of outsourcing these functions. When working with internal or external clients to evaluate recruitment process outsourcing (RPO) or negotiating RPO contracts, it is important to understand the RPO market. An interesting trend highlighted by the Everest Group in its RPO Annual Report 2014 is an increase in multicountry RPO engagements. Check out the report.

The Food and Drug Administration (FDA) recently issued a new draft guidance announcing the FDA’s intent to not actively regulate medical device data systems (MDDS), medical image storage devices, and medical image communications devices. This latest development appears to be the next step in the FDA’s overall deregulatory approach for health IT devices and associated software. Once finalized, the guidance, which was issued on June 20, will also have important device tax implications for manufacturers of MDDS and other health IT devices no longer subject to device registration and listing requirements.

More details regarding the draft guidance can be found in an update published by Morgan Lewis’s FDA Practice.

Your experiences may be different, but the excusable events that we see in force majeure clauses vary widely—from specific events that could not have been prevented to any event beyond a party's reasonable control. We spend a lot of time thinking about which events—from a customer's perspective in an IT services contract—should be excused and under what circumstances. Set forth below are three questions that should help in drafting force majeure clauses:

Snapchat, a popular smartphone application, recently settled with the Federal Trade Commission (FTC) over allegations that the app misrepresented material elements of its program to the public.

Just when we were getting used to the "cloud" way of things, new buzzwords are emerging to brand solutions that may replace (or more likely enhance) cloud computing. Two of these solutions—"fog" computing (Cisco) and computing pushed toward "the edge" (IBM)—were the topics of an interesting article recently published in The Wall Street Journal called “Forget ‘the Cloud’; ‘the Fog’ Is Tech’s Future” (subscription required). The article emphasizes that although “cloud advocates are fond of declaring that 100% of computing will someday reside in the cloud . . . [h]ere's the reality: Getting data into and out of the cloud is harder than most engineers, or at least their managers, often are willing to admit.”

As the outsourcing industry matures and contracts run their full cycles, we have seen an influx of deals that are expiring or up for renegotiation or resourcing. How can legal and sourcing leads prepare for an upcoming renegotiation or resourcing project? Read on for three tips to help get a leap on these projects.

As part of Morgan Lewis's Technology May-rathon webinar series, Antitrust partners Will Tom, Clay Everett, and Jonathan Rich will discuss lessons from Bazaaarvoice/PowerReviews, Integrated Device Technologies/PLX Technology, and other challenges to high-tech mergers brought by the Department of Justice and Federal Trade Commission in recent years.

This webinar will be held today, Thursday, May 15, from 1 to 2 p.m. Sign up here >

We recently hosted our 8th annual Women in Shared Services and Outsourcing Executive Roundtable in New York. More than 50 women from across the United States attended the May 8 event, representing a wide range of industries, including financial services, consumer products, energy, and life sciences.

As more clients use ITIL®—a standard for best practices in providing IT services—IT lawyers who are unfamiliar with the standard should familiarize themselves with its basic principles. This is particularly important as clients are integrating ITIL terminology and best practices (or modified versions thereof) into their service delivery and support best practices as well as the structure and substantive provisions of their IT outsourcing and services contracts.