Tech Talks by Mayer Brown

IP Frameworks in Contracts for Emerging Technologies

webedits@mayerbrown.com (Mayer Brown) — Fri, 16 Jan 2026 21:11:00 +0000

In this episode of Tech Talks, Mayer Brown partners Julian Dibbell, Brad Peterson, and Spencer Glende explore how companies can structure IP frameworks in contracts to support innovation in emerging technologies. They discuss why traditional contracting approaches often fall short in high-uncertainty environments and outline practical strategies—such as joint governance, flexibility, and aligned incentives—to help parties collaborate effectively and maximize long-term value.

Show notes:
00:02 Introduction to IP Frameworks in Contracts for Emerging Technologies
2:00 Defining "emerging technology"
5:21 IP Contracting Perspective
11:09 How to build IP frameworks
12:19 Key 1: Clarity of Common Purpose
13:49 Key 2: Mechanism of Joint Steering Committees
19:26 Key 3: Maximizing Innovation Value
22:26 Key 4: Element of Flexibility and Optionality
26:24 Key Takeaways

Protecting AI Assets and Outputs with IP Strategies in a Changing World

webedits@mayerbrown.com (Mayer Brown) — Tue, 06 Jan 2026 22:10:00 +0000

In this episode of Tech Talks, Julian Dibbell is joined by partner Brian Nolan and associate Megan Fitzgerald to unpack how companies can protect AI assets and outputs using IP strategies. The conversation maps the key protectable components of AI—algorithms and code, trained models and parameters, proprietary datasets, and outputs—and evaluates the strengths and limits of trade secrets, copyrights, patents, and contracts. They highlight why trade secrets are particularly powerful for AI while probing emerging "improper means" issues like scraping, prompt injection, and ToS violations. They also survey evolving copyright law on human authorship and fair use in training, and discuss patent inventorship guidance and eligibility trends, before closing with practical contracting approaches to allocate data rights, output ownership, and IP strategy.

Show Notes:

00:02 Introduction to Protecting AI Assets and Outputs
02:00 Protectable AI Assets: Algorithms, Models, Data, Outputs
06:07 IP Toolkit: Trade Secrets, Copyright, Patents, Contracts
09:55 "Improper means" in AI: Scraping, Prompts, ToS
12:44 Using Copyright to Protect AI
16:21 Copyright: Human Authorship, Code Protection, Fair Use
21:27 Patents: Inventorship Guidance, Eligibility, Open Issues
29:58 Contracts: Data Rights, Output Ownership, Strategy

Artificial Intelligence Provisions in Technology Contracting: Keeping Up With the Evolving Regulatory Landscape

webedits@mayerbrown.com (Mayer Brown) — Fri, 19 Dec 2025 15:50:00 +0000

In this Tech Talks episode, Mayer Brown partners Ana Bruder, Julian Dibbell, Gabriela Kennedy, Arsen Kourinian, and Oliver Yaros put four AI regimes head to head: the European Union's risk based Act, the United Kingdom's light touch approach, Asia's mixed models, and the United States' state by state patchwork. Their contracting playbook: lock down roles and risk, and go beyond "comply with law" to require risk management, human oversight, transparency, and data use limits. Our hosts close out by looking ahead to 2026 to see how these regimes diverge further.

Show Notes:
00:04 Introductions to Artificial Intelligence Provisions in Technology Contracting
02:52 EU AI Act: Roles, Risk Tiers, and Contract Implications
04:05 UK's Pro Innovation, Light Touch Framework
07:50 Asia Snapshot: China's GenAI Rules vs. Soft Touch Regimes
10:58 U.S. Patchwork: State Laws, High Risk Use Cases, and Contracts
14:41 Negotiating AI Contracts Amid a Shifting Global Regulatory Landscape
18:44 Practical Best Practices for AI Contracting
24:50 Beyond "comply with law": Standards, Data Use, and Future Proofing
27:25 2026 Looking Ahead: Global Regulatory Trajectories

Scaling a Business Through Strategic IP Partnerships and Brand Licensing

webedits@mayerbrown.com (Mayer Brown) — Tue, 09 Dec 2025 18:50:18 +0000

In this crossover episode of The Upper Brand and Tech Talks, hosts Rich Assmus, Kristine Young, and Julian Dibbell explore how brand licensing functions as a capital-efficient growth strategy—accelerating entry into new markets, categories, and geographies by pairing a company's brand equity or technology with a partner's manufacturing and distribution strengths. They walk through the practical lifecycle of a successful deal—from readiness and IP protection to partner diligence and crisp term sheets—and then dive into contract mechanics such as scope clarity, tailored royalty structures, calibrated exclusivity with performance milestones, and rigorous quality control. The discussion also addresses modern considerations including audits, ownership of improvements, AI-generated outputs and data compliance, sublicensing controls, exit planning, and dispute frameworks. Their closing advice: operationalize quality and align incentives so both parties win when the partnership wins.

Episode Show Notes:

00:02 Introduction to IP Partnerships and Brand Licensing
3:15 Readiness checklist
4:56 Contract scope and definitions
6:28 Exclusively without handcuffs
8:09 Oversight and ownership
9:55 Sublicensing, terms, and termination
11:37 Built-in resilience

Integrating the IP of New Technologies Global Tax and IP Risks

webedits@mayerbrown.com (Mayer Brown) — Wed, 19 Nov 2025 20:52:55 +0000

This episode of Tech Talks outlines why intercompany licensing—clear ownership, licensees, and exclusive rights—is vital for operations and litigation standing. It flags exit tax and transfer pricing exposure tied to DEMPE functions and valuation disputes, which can cause double taxation without strong documentation. Mayer Brown partners Jim Ferguson and Jason Osborn, along with host Julian Dibbell, review enforcement nuances for patents, trade secrets, trademarks, and copyrights, and the need to update employment agreements to assign future inventions to the right affiliate. Their takeaway: align structures with business reality and coordinate IP and tax teams early.

Cross-border Tech Deals: Safeguarding Innovation Without Slowing The Business

webedits@mayerbrown.com (Mayer Brown) — Fri, 14 Nov 2025 15:08:23 +0000

As companies expand global operations, they are forced to navigate a patchwork of local IP laws, data and artificial intelligence (AI) regulations, and ever-shifting geopolitical tensions. Without sufficient diligence, planning, and contracting, companies can fall victim to IP leakage, downstream disputes, data protection and export control problems, and impediments to innovation. In this episode, Mayer Brown partners discuss key IP issues that arise in global outsourcing and cross-border technology transactions and offers practical recommendations for structuring deals that safeguard innovation.

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

webedits@mayerbrown.com (Mayer Brown) — Thu, 22 May 2025 19:17:47 +0000

As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual Property practice, to unpack the U.S. Copyright Office's latest report on generative AI and copyright law. They dive into the high-stakes legal questions surrounding the use of copyrighted content to train AI models, including hot-button issues like model weights and retrieval-augmented generation. They also discuss how courts may apply the fair use doctrine to generative AI, with a close look at transformativeness, market impact, and other key factors.

Fair Use and the Future of AI: A Closer Look at Thomson Reuters v. Ross

webedits@mayerbrown.com (Mayer Brown) — Fri, 21 Feb 2025 19:28:41 +0000

Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss Thomson Reuters v. Ross, a closely watched case with important implications for AI and data usage. We start by outlining the key facts and legal framework the court considered before turning to the central issue of the ruling: fair use. Rich explains how the court applied the four key factors of fair use and what this analysis means in the context of AI and data technology. We also explore the broader implications of the decision and its potential impact on other cases involving AI and training data—and on companies looking to contract for AI products and services. Join us for an insightful discussion on one of the year's most notable legal decisions in this evolving area of law.

2025 Trends for Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 30 Jan 2025 18:51:10 +0000

2025 is shaping up to be a busy year in tech. While blustery economic tailwinds continue to drive digital transformation, a new presidential administration promises shifts in policy that will likely keep businesses on their toes. In this episode, host Julian Dibbell is joined by Rohith George, Joe Pennell, Brad Peterson, and Scott Young, partners from all across our Technology & IP Transactions practice, to provide perspectives on the opportunities and challenges that lie ahead. We will discuss the expected increase in M&A activity, the impact of venture capital on emerging tech companies, the growing significance of AI in dealmaking, and the challenges posed by regulatory uncertainty.

Navigating Facilities Management Outsourcing in a Post-COVID World

webedits@mayerbrown.com (Mayer Brown) — Mon, 21 Oct 2024 19:34:51 +0000

The COVID-19 pandemic has significantly reshaped the facilities management (FM) outsourcing landscape. Companies have transitioned from fully office-based work to home-based work, and now to hybrid models, prompting a reevaluation of space utilization. In this episode partner Rohith George, along with host Julian Dibbell, explore how FM providers are adapting to these changes, leveraging technology and data, and addressing sustainability and data security challenges.

Using Customer-Facing Platforms in Multi-Channel Approach

webedits@mayerbrown.com (Mayer Brown) — Mon, 12 Aug 2024 15:53:40 +0000

Companies, across a variety of industries, are increasingly taking a multi-channel approach to core product and service delivery. While a company-owned website or app often remains the primary way for the company to interface with and deliver services to its customers, third-party platforms can sometimes be an attractive additional channel through which customers can be acquired and maintained. This means negotiating and entering into platform agreements that are intended to bring mutual benefit to both the company and the platform provider. In this episode, Rohith George and Corina Cercelaru, along with host Julian Dibbell, will explore key issues for companies to consider when engaging with customer-facing platform providers and recommend approaches to take in order to achieve a successful collaboration.

Contracting for Trade Secret Protection in the Post-Non-Compete Era

webedits@mayerbrown.com (Mayer Brown) — Tue, 11 Jun 2024 16:40:14 +0000

In this episode of Tech Talks, we discuss the Federal Trade Commission's recent ban on non-compete agreements and its implications for employers, as well as strategies for protecting confidential information and trade secrets. Join Gail Levine and Kristine Young, along with host Julian Dibbell, as they explore the practical and contractual measures employers can adopt, the potential consequences if the FTC's rule is struck down, and best practices for contracting with third parties.

The Global AI Regulatory Maze: Impacts on Tech Transactions & Governance

webedits@mayerbrown.com (Mayer Brown) — Thu, 18 Apr 2024 17:39:03 +0000

In this episode, we explore the ever-evolving realm of AI regulation and how it's reshaping technology transactions and internal governance worldwide. Join host Julian Dibbell and guests Ana Bruder, Arsen Kourinian, and Oliver Yaros as they discuss what's happening in the EU, the US, and the UK, respectively, and how companies can navigate compliance in this changing environment.

GenAI Contracting Revisited – What's New?

webedits@mayerbrown.com (Mayer Brown) — Tue, 27 Feb 2024 16:31:17 +0000

In this episode, we revisit the ever-shifting landscape of Generative Artificial Intelligence (GenAI), a topic which has continued to captivate the tech world since our discussion a year ago. With GenAI at the forefront of the conversation, we delve back into the complexities surrounding its use, with a special focus on the contractual and legal challenges faced by users, data providers, and businesses. Join partners Marina Aronchik and Rich Assmus, and host Julian Dibbell, as they explore advancements in GenAI over the last year, emerging legal intricacies, and the implications for those navigating the technology.

2024 Trends for Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Mon, 22 Jan 2024 18:34:09 +0000

Join our Technology & IP Transactions lawyers as they dive into the trends shaping 2024. In this episode, we explore the future of technology services, spotlight trends driving tech startups, and dissect deals tied to customer-facing digital platforms and cloud services. Additionally, we navigate the evolving regulations affecting tech transactions in Europe and the UK, as well as the legal complexities surrounding AI and GenAI. Tune in for a comprehensive overview that unpacks key trends and considerations for technology transactions in the year ahead.

Strategies for Success: Outsourcing Deal and Negotiation Processes

webedits@mayerbrown.com (Mayer Brown) — Thu, 04 Jan 2024 19:15:12 +0000

Companies seeking to outsource—or re-source—business functions are strongly incentivized to act quickly, in order to realize savings and other benefits. However, maximizing those benefits requires effective planning and clever negotiating with suppliers, and companies that resist the temptation to take shortcuts will set themselves up for success in the long run. In this episode, partners Joe Pennell and Brad Peterson, along with host Julian Dibbell, provide insight into optimizing the outsourcing deal process, both in planning and execution.

Cybersecurity Risks in Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 05 Oct 2023 18:44:49 +0000

Engaging third-party providers for technology transactions involves a certain level of cybersecurity risk. In fact, most companies have been through a third-party incident. In this episode, partners Justin Herring and Adam Hickey, along with host Julian Dibbell, unpack these cybersecurity risks and what businesses can do to prepare. They discuss the life cycle of a technology vendor relationship, including diligence and contracting, and how to manage the relationship to minimize risk.

Unpacking the China Data Laws

webedits@mayerbrown.com (Mayer Brown) — Mon, 28 Aug 2023 17:22:35 +0000

China's stance toward data privacy and cybersecurity has been a matter of interest for the last several years, most prominently with the June 2017 passage of China's Cybersecurity Law, and the passage of the Data Security Law and the Personal Information Protection Law in late 2021. Now, more than two years after the 2021 laws were passed, companies wishing to conduct business in this landscape are faced with a daunting set of subsidiary regulations that require self-assessments, impact assessments and certifications to ensure compliance, failure of which can attract potentially heavy fines and restrictions on business operations if circumvented. Join Mayer Brown partner Gabriela Kennedy and host Julian Dibbell as they revisit the China data laws and these latest developments and discuss the effect they've had on the industry, and what interested parties should be aware of in the coming years.

Proactive Contracting for Tech Startups: Will Your Commercial & IP Agreements Help or Hinder an Exit?

webedits@mayerbrown.com (Mayer Brown) — Thu, 25 May 2023 17:24:11 +0000

Whether you are a startup or an acquiring company, there are several steps you should consider ahead of an exit to protect your deal and avoid issues later on. In this episode, Salt Lake City partners Spencer Glende and Scott Young, along with host Julian Dibbell, discuss measures companies can take with respect to IP and commercial agreements in order to avoid future friction in an investment or acquisition. Tune in for practical advice on navigating these contractual challenges.

Impact of the Banking Crisis on Bank-FinTech Relationships

webedits@mayerbrown.com (Mayer Brown) — Thu, 06 Apr 2023 16:46:21 +0000

The recent banking crisis has highlighted the need for FinTechs to take a strategic approach to their current and future bank partner relationships. With bank regulators focusing their attention on exactly these types of arrangements in recent years, there are today a number of hurdles for FinTechs to overcome as they execute on these critical business partnerships. In this episode, partners Rohith George, Eric Mitzenmacher and Jeff Taft, along with host Julian Dibbell, explore the impact of recent bank failures and unpack what they mean for FinTechs as they enter into relationships with new bank partners who are facing regulatory scrutiny regarding third party risk management.

Contracting for Generative AI

webedits@mayerbrown.com (Mayer Brown) — Thu, 02 Mar 2023 16:22:20 +0000

Chatbots and other types of "generative AI"—AI that creates consumable content such as computer code, text responses, images, or music—have catapulted to the center of the AI discussion. In this episode, partners Rich Assmus and Marina Aronchik, along with host Julian Dibbell, discuss the key implications of generative AI and the contracting issues that arise for users and data providers.

2023 Trends for Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 19 Jan 2023 16:54:25 +0000

As 2023 begins, we are coming off many years of fast and frothy innovation with a great deal of new complexity in both products and business models. We now face a downturn. Prominent companies across the economy are announcing layoffs and other cost-cutting measures and will likely require more complex deals to preserve profitability. In this episode, partners from our Technology & IP Transactions practice, along with host Julian Dibbell, will cover eight key trends to look out for in 2023 as companies look to reduce spend and drive revenue.

Navigating Open Source Pitfalls in Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 15 Dec 2022 22:04:14 +0000

With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source. In this episode, partner Paul Chandler and host Julian Dibbell discuss how OSS is impacting deals and how to address and mitigate the legal risks.

Negotiating for Value in Outsourcing Contracts

webedits@mayerbrown.com (Mayer Brown) — Thu, 17 Nov 2022 19:04:09 +0000

Market and technology changes create opportunities for companies to substantially reduce costs by negotiating or renegotiating managed services agreements and other outsourcing services agreements. In this episode, ISG partner Jon Lightman and Mayer Brown partners Brad Peterson and Mark Prinsley, along with host Julian Dibbell, discuss how to leverage change to create value in your outsourcing deals.

Strategic Considerations for Data Privacy Compliance in Tech Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 27 Oct 2022 16:36:03 +0000

When engaging in a tech transaction, you must know your obligations under data privacy laws. First and foremost, it's critical to consider whether "personal information"—a broad term that encompasses many types of data—is disclosed or received under an agreement. You must also understand the geographic scope of your deal, which data privacy laws apply (there are over 150 privacy laws worldwide), and the terms that must be included in an agreement to address those laws, including cross-border data transfer safeguards. In this special Cybersecurity Awareness Month episode, partner Arsen Kourinian and associates Josh Cohen and Megan Von Borstel, along with host Julian Dibbell, discuss these issues and more.

Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future

webedits@mayerbrown.com (Mayer Brown) — Thu, 04 Aug 2022 14:02:06 +0000

The ongoing conflict in Ukraine has had a significant impact on commercial activity for many organizations on a local and international scale. Organizations with commercial operations in the region (both Ukraine and Russia) may face challenges in sustaining their contractual obligations. Mayer Brown partner Jim Ferguson and associate Valerie Vanryckeghem, along with host Julian Dibbell, will discuss common issues that certain organizations may face as a result of the crisis and practical considerations for drafting contractual protections with a view to avoiding the specific business risks of the Ukraine conflict.

Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights

webedits@mayerbrown.com (Mayer Brown) — Thu, 19 May 2022 15:48:07 +0000

Too often, contract rights bargained and paid for in negotiations are eroded during governance. This podcast describes seven tips for governing service provider relationships in ways that leverage or strengthen contract rights. Reg Goeke, who leads our Commercial Litigation practice, provides a litigator's perspective and Brad Peterson, who leads our Technology Transactions practice, provides a sourcing lawyer's perspective.

NFT Primer: What Buyers, Sellers and Issuers Need to Know

webedits@mayerbrown.com (Mayer Brown) — Wed, 27 Apr 2022 22:03:22 +0000

Non-fungible tokens, commonly called "NFTs," have been around for some time, but they have only hit mainstream public consciousness over the past few years. With the speculative frenzy around NFTs seemingly at an all-time high, it can be difficult to sift through the noise and identify the real use cases, and accompanying issues, that companies need to be aware of. Mayer Brown partners Richard Assmus and Rohith George and host Julian Dibbell will decipher these digital assets, explore a few of the legal issues surrounding them and discuss some of the steps companies need to consider as they look to leverage NFTs as part of their business strategy.

Developments in Copyright Law Affecting Tech Transactions

webedits@mayerbrown.com (Mayer Brown) — Wed, 30 Mar 2022 21:40:20 +0000

This episode focuses on an IP right at the heart of many technology deals—copyrights. Mayer Brown partners Richard Assmus and Oliver Yaros and host Julian Dibbell will discuss some recent important changes in US and European copyright law and how those changes might inform your tech deals.

Limitations on Liability Exceptions – Interplay between Contract Terms and Legal Principles

webedits@mayerbrown.com (Mayer Brown) — Wed, 02 Mar 2022 23:03:57 +0000

In contracts, parties typically seek to limit their liability to each other, both in terms of the types of damages or actions for which a party will have liability and the amount of damages that can be recovered, as well as, in certain cases, the remedies that can be pursued. The parties often negotiate exceptions from these limitations, including for gross negligence or willful misconduct. During this podcast, Chris Houpt, Linda Rhodes and Anja Watt along with host Julian Dibbell will examine the definitions of gross negligence and willful misconduct, recent court holdings on the ability of contracting parties to limit liability and the implications for contracts. For purposes of this podcast, we focus on New York law, commonly selected as the governing law in contracts.

2022 Trends for Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Wed, 12 Jan 2022 22:40:41 +0000

In the 2022 edition of our long-running annual podcast, partners in Mayer Brown's Technology Transactions practice will discuss trends that will drive and shape technology transactions. This year's program will focus on convergence of cloud, AI and data; innovation through new and complex collaborations; continued change in cybersecurity and privacy laws and priorities; increasing focus on sustainable digital business practices; and emerging technologies that seem poised to drive technology transactions in future years.

Data Transfers from Europe and Beyond: The New EU SCCs and Other Changes in International Data

webedits@mayerbrown.com (Mayer Brown) — Wed, 20 Oct 2021 20:26:07 +0000

Businesses today are data driven and data dependent, but the rules that govern how data can be used and shared across borders are becoming increasingly tricky for international organizations to navigate, subject to constantly evolving and often conflicting requirements in each region. None more so than in Europe, where changes over the past 18 months—including updated versions of the EU's Standard Contractual Clauses for cross-border data transfer—have raised new sets of questions for organizations seeking to comply with the rules for moving personal data from Europe to places like the United States. In this special National Cybersecurity Awareness Month episode, partners Vivek Mohan and Oliver Yaros along with host Julian Dibbell discuss these changes and a few things businesses can do to stay on top of them.

Cloud + Strategic Partnership: The Evolution of Cloud Services

webedits@mayerbrown.com (Mayer Brown) — Thu, 23 Sep 2021 14:00:00 +0000

Competition among cloud platform providers is fierce as they scramble for market share and customers. As cloud providers bundle key products and services—such as AI and other tools—with their "basic" cloud offerings to lure and retain cloud customers, they are also offering other benefits through "strategic partnerships" with customers. In a strategic partnership, a cloud provider collaborates with the customer to provide new services or industry platforms and even joint "go-to-market" opportunities utilizing data and industry expertise from the customer. Cloud + Strategic Partnerships resemble joint ventures in many respects but without forming a jointly-owned legal entity. While a Cloud + Strategic Partnership may provide many advantages to cloud customers, there are a number of important issues to consider before entering into such a relationship. Join Mayer Brown partners Rebecca Eisner, Rohith George and Brad Peterson and host Julian Dibbell as they discuss how to achieve the customer's business and legal objectives in a Cloud + Strategic Partnership with a cloud provider.

Global Impact of China's Data and Cybersecurity Laws

webedits@mayerbrown.com (Mayer Brown) — Thu, 02 Sep 2021 14:00:00 +0000

Over the past few years, China has introduced a range of laws dealing with data privacy and cybersecurity. The most well-known is China's Cybersecurity Law, which came into effect in June 2017. With the recent passing of China's Data Security Law and Personal Information Protection Law, concerns regarding data localization and how to get data outside of China have been brought back into sharp focus. But beyond cross-border data transfers, these new laws may also have a further impact on technology transactions, particularly in relation to the deployment of cybersecurity products in China or for foreign companies that deliver products or services to Chinese residents or that utilize Chinese service providers. Join Mayer Brown partner Gabriela Kennedy and counsel Karen Lee along with host Julian Dibbell as they explore these developments.

Insurance Technology and Innovation: Meeting Consumer Demands

webedits@mayerbrown.com (Mayer Brown) — Thu, 19 Aug 2021 14:00:00 +0000

The way consumers purchase goods and services is rapidly changing, and insurance is no exception. AI, advanced analytics, smart devices and other technologies are enabling new capabilities, and insurance companies, together with their Insurtech and Big Tech partners, are finding innovative ways to reach and service customers using these tools. Join Mayer Brown partners Rohith George, Paul Chen and Yevgeniy Markov and senior associates Yuliya Feldman and Julian Dibbell as they discuss trends and highlight regulatory, commercial and contractual issues in this exciting space.

IP Pitfalls in Data Monetization Projects

webedits@mayerbrown.com (Mayer Brown) — Thu, 15 Jul 2021 14:00:00 +0000

Join Mayer Brown partners Richard Assmus and Oliver Yaros as they discuss with host Julian Dibbell how to address the IP pitfalls in data monetization. Their discussion will focus on the unseen value of data, the difficulties that exist with protecting data as traditional intellectual property, the paramount importance of the contracting regime that applies with any third parties that are providing or obtaining data, the typical pitfalls that exist when seeking to protect and exploit the value found in data, and the practical approaches that can be taken to address these risks.

Making Sense of Banking as a Service (BaaS): Recent Applications and Considerations

webedits@mayerbrown.com (Mayer Brown) — Thu, 01 Jul 2021 14:00:00 +0000

Banking as a Service ("BaaS") refers to arrangements where licensed banks integrate their digital banking services directly into the products of other non-bank businesses. Join Mayer Brown partners David Beam, Rohith George and Joe Pennell and associate Julian Dibbell as moderator as they discuss these arrangements and how they compare to traditional technology outsourcing and other types of bank-fintech partnerships. The conversation will cover some of the key regulatory and contractual issues that arise when setting up these arrangements and other factors that financial institutions should consider when evaluating whether and how to enter the BaaS space.

The Cyber Executive Order: Key Takeaways for Businesses

webedits@mayerbrown.com (Mayer Brown) — Thu, 24 Jun 2021 14:00:00 +0000

With high-profile cybersecurity incidents hitting the headlines, President Biden's recent cybersecurity executive order seeks to strengthen security practices at federal agencies and government contractors. But what does the order mean for companies across the private sector? Join Mayer Brown partners Stephen Lilley and Veronica Glick and host Julian Dibbell for a discussion of the order's key provisions and how they may affect how businesses manage cyber risk and contract for secure products and services.

Software and Data Audits: Tips to Avoid the Traps

webedits@mayerbrown.com (Mayer Brown) — Thu, 17 Jun 2021 14:00:00 +0000

Licensees face financial risk and operational disruption in audits by their software and data vendors. Changes in technology are driving a current surge in those audits. Join Mayer Brown partners Richard Assmus, Brad Peterson and associate Jengeih Tamba with host Julian Dibbell as they describe how those audits unfold and discuss strategies for reducing risk and disruption.

Contracting for AI in the Evolving Regulatory Landscape

webedits@mayerbrown.com (Mayer Brown) — Thu, 20 May 2021 14:00:00 +0000

Across industries, companies are actively pursuing and seeking to scale existing implementation of artificial intelligence (AI) solutions to increase revenue, cut costs, develop new product offerings and retain or gain a competitive advantage. To realize the potential benefits of AI solutions, companies need to assess and account for related regulatory and compliance risks. The discussion focuses on practical approaches for companies to evaluate and account for regulatory and compliance risks when evaluating, licensing and implementing AI solutions. Join Mayer Brown partners Marina Aronchik and Vivek Mohan as they discuss with host Julian Dibbell the existing regulatory landscape for AI, as well as changes on the horizon.

Achieving Successful Business Outcomes Through Supply Chain Risk Management

webedits@mayerbrown.com (Mayer Brown) — Thu, 06 May 2021 14:00:00 +0000

The supply chain for products is becoming vastly complex as more and more products involve technology components. Technology may be embedded in products to achieve their intended purpose; remotely connected to monitor and maintain them, update their functionality and connect them with other systems; and used to collect data valuable to the enterprise. Understanding and managing the risks associated with these interconnected solutions will help an enterprise achieve its desired business outcomes. Join Hilton senior counsel John Eichenberger and Mayer Brown partner Linda Rhodes as they discuss with host Julian Dibbell managing the enterprise supply chain, including contracting with manufacturers and resellers, and addressing key risk factors for resiliency.

Key Legal Considerations in Use of Portfolio Company Data

webedits@mayerbrown.com (Mayer Brown) — Thu, 29 Apr 2021 14:00:00 +0000

There is a great deal more to monetizing data than setting up a data lake. In this episode, we discuss legal issues faced by investment funds working to drive returns by analyzing the operational data of their portfolio companies. Join Mayer Brown partners Brad Peterson and Elizabeth Raymond as they discuss key legal considerations and best practices with host Julian Dibbell.

Protecting Against Vendor Bankruptcy in Service and License Agreements

webedits@mayerbrown.com (Mayer Brown) — Thu, 25 Mar 2021 14:00:00 +0000

When one of your key technology customers or vendors files for bankruptcy, what is the impact on your company? And what can your company do to mitigate the impact? Join Mayer Brown counsel Monique Mulcare and partners Richard Assmus and Matthew Wargin as they discuss key considerations and best practices with host Julian Dibbell.

Beyond Brexit: How Does the New Relationship between the UK and EU Affect Technology Transactions?

webedits@mayerbrown.com (Mayer Brown) — Thu, 11 Mar 2021 14:00:00 +0000

The end of the Brexit transition period and the implementation of the new UK/EU Trade Agreement have had a significant impact on technology transactions throughout Europe. Businesses entering into Europe-wide technology engagements should pay particular attention to the effects on technology licensing, data privacy and international data transfers, employment and immigration rules, and financial services regulatory requirements. Join Mayer Brown partners Oliver Yaros, Christopher Fisher, Elizabeth Espín Stern and Chris Chapman as they explore current practices and future implications with host Julian Dibbell.

Mastering Managed Services in the Digital Age

webedits@mayerbrown.com (Mayer Brown) — Thu, 04 Mar 2021 14:00:00 +0000

Today's managed services deals deliver new levels of value through cloud services, process automation, AI and other digital age technologies. This digital transformation of outsourced functions is providing services that perform faster and better and at a lower cost. But there are new risks and challenges that require new contracting terms and approaches. Join Mayer Brown partner Brad Peterson and associate Alan Velasco as they discuss with host Julian Dibbell how lawyers can help clients secure the needed commitments and avoid costly pitfalls.

Reducing Dispute Risk in Technology Agreements

webedits@mayerbrown.com (Mayer Brown) — Thu, 11 Feb 2021 14:00:00 +0000

Many companies are increasingly relying on third parties to provide critical services and technology to support their business objectives. While dispute clauses might not seem important at the time of negotiation, it is the first clause a litigator looks at when a dispute arises. Please join Mayer Brown partners Sarah Reynolds and Jim Ferguson and host Julian Dibbell as they discuss practical ways to optimize your contract's dispute clauses.

Navigating Issues in the Data Monetization Journey

webedits@mayerbrown.com (Mayer Brown) — Thu, 21 Jan 2021 14:00:00 +0000

Companies are increasingly pursuing new and innovative ways to use an asset that they have had for years—their data. This data, usually combined with data acquired from third-party sources, can help a company optimize internal operations, improve existing products or services, or create new data-driven revenue streams. But to succeed with these initiatives, companies need to evaluate and account for a number of legal, business, and operational issues, some of which may change or impact the work of data scientists. Join Mayer Brown partners Marina Aronchik and Rohith George as they discuss with host Julian Dibbell how lawyers can help their companies protect and maximize the value of data and avoid common mistakes in data monetization projects.

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2021 Trends for Technology Transactions

webedits@mayerbrown.com (Mayer Brown) — Thu, 07 Jan 2021 14:00:00 +0000

2020 was a year of rapid digital transformation and an inflection point for many long-running trends in data, digital, outsourcing and software transactions. In the first episode of our Tech Talks podcast's season 2, partners in Mayer Brown's Technology Transactions practice discuss likely trends based on their observations from work on critical transactions for clients. Key topics will include managed services, privacy, cloud/XaaS, data monetization, fintech and other technology platforms, and emerging issues in the use of artificial intelligence.

Key Negotiation Issues for Online Intermediary Services ("Platforms") in Financial Services

webedits@mayerbrown.com (Mayer Brown) — Thu, 19 Nov 2020 14:00:00 +0000

Banks, insurance companies and other financial institutions are providing more and more of their financial services online to compete in today's digital economy. In many cases, this is accomplished through websites and mobile apps that the financial institution develops and operates itself. However, as fintech companies create online platforms with features and functions that today's customers prefer, we are seeing financial institutions increasingly contract with fintechs to act as online intermediaries to serve and interface with their customers. These platform arrangements present unique issues for both the financial institution and the fintech as they attempt to align sometimes divergent interests to achieve a successful outcome. Listen to this episode of Mayer Brown's Tech Talks podcast as Brad Peterson, Joe Pennell, Rohith George and Julian Dibbell discuss the hot topics regarding negotiations between financial institutions and fintechs on these transactions.

IP Rights and AI-Generated Works

webedits@mayerbrown.com (Mayer Brown) — Thu, 12 Nov 2020 14:00:00 +0000

The legal issues surrounding ownership with regard to inventions and other works created using artificial intelligence (or "AI") are top of mind for various companies. Current IP statutes in the United States and Europe can create roadblocks for protecting AI-created inventions, works and data, and companies are contemplating how to secure ownership of materials and data created by AI tools. In this episode of Tech Talks, Richard Assmus, Mark Prinsley and Julian Dibbell discuss IP laws and how they may be applied to AI.

Managing Vendor Cybersecurity Risk in IoT Contracting

webedits@mayerbrown.com (Mayer Brown) — Thu, 05 Nov 2020 14:00:00 +0000

The expanded use of IoT presents growing security risks and challenges for companies across a wide range of business sectors. In an increasingly connected world, where IoT solutions are often dependent upon third party vendor technologies, cybersecurity vulnerabilities are amplified as additional endpoints provide threat actors with more means to reach critical systems. Understanding the legal landscape, conducting cyber due diligence and thoughtful contracting are important tools for managing vendor cybersecurity risk. Listen to this episode of Mayer Brown's Tech Talks podcast as Linda Rhodes, Marcus Christian, Charlie King and Julian Dibbell explore the criticality of managing vendor cybersecurity risk as a cornerstone of a company's cybersecurity program.

What to Make of Open Banking

webedits@mayerbrown.com (Mayer Brown) — Mon, 12 Oct 2020 14:00:00 +0000

"Open banking" refers to the practice of banks providing application program interface ("API") access to customer accounts, allowing customers to access their account information and initiate transactions through a third party's user experience. In this episode of Tech Talks, Chris Chapman, Julian Dibbell, Rohith George and Oliver Yaros discuss open banking, which many financial institutions are choosing over "screen scraping" and similar techniques, and its risks and rewards.

Artificial Intelligence Licensing: What You Need to Know

webedits@mayerbrown.com (Mayer Brown) — Mon, 28 Sep 2020 14:00:00 +0000

Artificial intelligence's (AI) presence continues to grow in many industries and within various technologies as innovative organizations use it for competitive advantage. But before an AI solution is implemented, AI's unique licensing issues should be considered. In this Tech Talks episode, Rebecca Eisner and Julian Dibbell discuss key issues that arise for providers and users in AI licensing agreements, including IP ownership and infringement, warranties and legal compliance.

New Rules for Online Platforms and Search Engines Offering Services to Businesses in the EU and the UK

webedits@mayerbrown.com (Mayer Brown) — Mon, 21 Sep 2020 14:00:00 +0000

In July 2020, the Platform to Business Regulation (EU) 2019/1150 ("P2B Regulation")—aiming to promote fairness and transparency for business users of online platforms and search engines—became applicable in European Union member states and, as a result of the Brexit transition, the United Kingdom. In this episode of Mayer Brown's Tech Talks podcast, Ana Bruder, Ondrej Hajda and Julian Dibbell discuss what this means for business and what to expect going forward.

"Back to Business" for Outsourcing and other Technology-Based Services Contracts

webedits@mayerbrown.com (Mayer Brown) — Thu, 28 May 2020 14:00:00 +0000

Technology Transactions partners Dan Masur, Brad Peterson and Linda Rhodes, along with senior associate Julian Dibbell, discuss steps to consider for outsourcing and other technology-based services contracts as we emerge from the pandemic.

Top 10 Due Diligence Pitfalls for Fintech Transactions

webedits@mayerbrown.com (Mayer Brown) — Wed, 22 Apr 2020 14:00:00 +0000

US-based partners Nina Flax, leader of our Northern California Corporate & Securities practice, Steve Kaplan, co-leader for the firm's Financial Services Regulatory & Enforcement group, Joe Pennell, a Technology Transactions partner active in both fintech M&A and bank/fintech partnership transactions, and Libby Raymond, co-head of the Financial Institutions M&A and Fintech groups, discuss the top 10 due diligence pitfalls for fintech transactions.

How to Respond to Requests for COVID-19 Waivers from Outsourcing Service Providers

webedits@mayerbrown.com (Mayer Brown) — Fri, 03 Apr 2020 14:00:00 +0000

Technology Transactions partners Brad Peterson and Linda Rhodes along with senior associate Julian Dibbell discuss how to respond to requests for COVID-19 waivers from outsourcing service providers. During this podcast, they review potential concerns for customers to consider and provide some practical suggestions that companies can take now to avoid additional risk.