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

A recent study found that the keys to successful implementation of robotic process automation (RPA) include carefully selecting the right automation opportunities, being realistic about costs, and building a good support team. The study, published by The Hackett Group, looks at the current status of RPA adoption, common pitfalls in its adoption, and advice on how to address the challenges that come along with using RPA.

As discussed in a recent blog post, many businesses are looking to increase the adoption of RPA in the near term. Indeed, the study found that nearly 60% of finance organizations, nearly half of all global business services organizations, and a third of HR and procurement organizations already have RPA pilot programs in place. However, it can be difficult to optimize the use of RPA.

Join Morgan Lewis at our Philadelphia office on Thursday, April 26, for a discussion on cybersecurity topics and their effects on outsourcing and commercial contracts. Morgan Lewis partners Barbara Melby, Greg Parks, and Michael Pillion and associates Christopher Archer and Katherine O’Keefe will speak at the event, which will include an ethics session for CLE credit.

Topics will include:

  • The benefits and risks of using technology, walking the line between legal and business advice, and ethical considerations for supervising nonlawyers
  • The changing privacy regulatory landscape and privacy developments, including the EU General Data Protection Regulation (GDPR)
  • Security and the cloud
  • Drafting privacy and security-related provisions in services contracts

A networking reception will follow the discussions. We hope you can join us!

Register for the event.

The UK government recently released a policy paper outlining proposed requirements for makers of Internet of Things (IoT) devices to take certain actions to better protect IoT devices from growing cybersecurity threats. Secure by Design: Improving the cyber security of consumer Internet of Things Report was released by the UK’s Department for Digital, Culture, Media & Sport and contains a draft Code of Practice for manufacturers of consumer IoT devices and services.

A recent report issued by the Federal Trade Commission (FTC) found that some web hosting services marketing their services to small businesses are not providing email authentication and anti-phishing technologies as part of their standard service offerings. The report, issued by the FTC’s Office of Technology Research & Investigation, examined the security features of hosting plans offered by 11 web hosts that provide their services to small businesses.

The report found that only a few of the hosts reviewed by the FTC notify users of their email authentication technologies while certain of the hosts do not support such technologies. Email authentication protects domains from being used in phishing scams. Domain-level authentication can verify the domain from which a message claims to be sent. In addition, an emailing domain can instruct receiving email servers how to handle unauthenticated messages, and can send a message to receiving servers to send alerts to the emailing domain when spammers attempt to send messages that claim to be from an address at the emailing domain.

As of this past Monday, 11 US mayors have signed a pledge defending “net neutrality” in their cities and towns. The pledge, titled “Cities Open Internet Pledge,” was introduced by Mayors Bill de Blasio of New York, Ted Wheeler of Portland, and Steve Adler of Austin at this year’s South By Southwest in Austin, Texas.

As discussed in a recent post, the Federal Communications Commission (FCC) recently published the final rule repealing net neutrality, the open internet framework that restricted internet service providers (ISPs) from prioritizing, slowing, or blocking data and information flowing through their networks. The FCC is replacing net neutrality with a network management disclosure regime that will require ISPs to disclose information about network management practices, performance characteristics, and commercial terms of service.

On Friday, March 23, Morgan Lewis counsel Emily Lowe and associate Ben Klaber, and Avere Systems Director Scott Jeschonek will present on the emerging “Shared Responsibility Model” for security being used by vendors of cloud technology and will provide tips on implementing and utilizing cloud services. This webcast is the first in the lunchtime series, “Talking Tech with Pittsburgh,” where Morgan Lewis and business leaders from Pittsburgh and the surrounding areas will discuss top technology trends impacting business and related legal risks and benefits in the contracting process.

Learn more and register.

KPMG reported in a recent survey that the top trend for 2018 is the adoption of intelligent automation (IA) as a business strategy. The survey, which KPMG publishes on a quarterly basis, reviews global business services, IA, and related service delivery market trends.

KPMG found that 62% of respondents believe that IA and digital labor are the trends that will have the largest positive impact on the respondents’ organizations in 2018. One of the business concerns driving the adoption of IA is the challenge that organizations have in finding, training, and keeping talent, which was the largest negative trend that respondents predict when looking ahead to 2019.

On Monday, March 5, Morgan Lewis partners Barbara Murphy Melby and Anastasia Dergacheva and associates Ksenia Andreeva and Valentina Semenikhina will present on the webinar “Spotlight Russia: A Briefing for Russian Companies on Key Contracting Issues in Software and IT Services Transactions,” where they will discuss key issues that companies in Russia should consider when contracting for software and technology services. Topics will include the following:

  • A review of the top 20 issues to consider when licensing commercially available software
  • Tips on drafting performance and ownership provisions consistent with business requirements that also protect the company’s interests
  • A primer for the company considering outsourcing as a business strategy

Learn more and register >

This week, the Federal Communications Commission (FCC) published the proposed final rule repealing “net neutrality,” the open internet rules that classified internet service providers (ISPs) as common carriers under Title II of the Communications Act of 1934 (the Act). Under net neutrality, previously enacted by the FCC through the Open Internet Order of 2015, ISPs were restricted from prioritizing, slowing, or blocking web traffic through their networks, including by implementing paid prioritization “fast lanes” that favored certain web traffic over others.

The new regulatory regime implemented by the FCC repeals the net neutrality restrictions, reinstating the prior classification of ISPs as less regulated “information services” under Title I of the Act (rather than common carriers) and eliminating the web traffic conduct rules imposed by the Open Internet Order. In place of net neutrality will be a new network management disclosure regime that requires ISPs to disclose information about network management practices, performance characteristics, and commercial terms of service.

Thinking about monetizing your website with targeted ads? If so, you should have a basic understanding of the potential issues and associated risks when making online advertisement media buys. Although the Interactive Advertising Bureau’s Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less (the IAB Terms) are considered “industry standard” by advertising and media companies, and are used either entirely or as the basis for ad-buying agreements, the following points should be taken into consideration by website operators in order to avoid or minimize unexpected results.

Industry Standard

Sometimes “industry standard” can be a good thing. The IAB Terms are generally industry standard and are designed to balance the risk of each party. This can cut down on negotiation time, and give the parties comfort that the agreement is in line with recognized industry norms.

Potential Issues and Associated Risks

Notwithstanding the general acceptability of “industry standard” terms, the following potential issues should be noted if you host a website on which ads will be placed, since they may have unexpected results.