Tech Talks by Mayer Brown
46 episodes - English - Latest episode: 28 days ago -This show is designed to keep you up to date on the latest trends happening in data, digital, outsourcing and software. Just 20-30 minutes long, each podcast session provides insight on legal issues relating to technology transactions and touches on relevant and timely topics.
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Episodes
Contracting for Trade Secret Protection in the Post-Non-Compete Era
June 11, 2024 16:40 - 19 minutes - 27 MBIn 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
April 18, 2024 17:39 - 34 minutes - 46.8 MBIn 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?
February 27, 2024 16:31 - 17 minutes - 24.2 MBIn 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...
2024 Trends for Technology Transactions
January 22, 2024 18:34 - 32 minutes - 44.2 MBJoin 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 a...
Strategies for Success: Outsourcing Deal and Negotiation Processes
January 04, 2024 19:15 - 22 minutes - 31.4 MBCompanies 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 outso...
Cybersecurity Risks in Technology Transactions
October 05, 2023 18:44 - 38 minutes - 44.5 MBEngaging 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
August 28, 2023 17:22 - 29 minutes - 40.6 MBChina’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 ass...
Proactive Contracting for Tech Startups: Will Your Commercial & IP Agreements Help or Hinder an Exit?
May 25, 2023 17:24 - 28 minutes - 32.4 MBWhether 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
April 06, 2023 16:46 - 35 minutes - 40.2 MBThe 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...
Contracting for Generative AI
March 02, 2023 16:22 - 33 minutes - 46 MBChatbots 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
January 19, 2023 16:54 - 30 minutes - 42.1 MBAs 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 a...
Navigating Open Source Pitfalls in Transactions
December 15, 2022 22:04 - 32 minutes - 44.5 MBWith 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
November 17, 2022 19:04 - 29 minutes - 40.1 MBMarket 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
October 27, 2022 16:36 - 18 minutes - 25.9 MBWhen 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...
Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future
August 04, 2022 14:02 - 32 minutes - 44.5 MBThe 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 c...
Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights
May 19, 2022 15:48 - 27 minutes - 24.8 MBToo 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
April 27, 2022 22:03 - 28 minutes - 26.2 MBNon-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 fe...
Developments in Copyright Law Affecting Tech Transactions
March 30, 2022 21:40 - 20 minutes - 19.4 MBThis 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
March 02, 2022 23:03 - 20 minutes - 18.7 MBIn 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 exami...
2022 Trends for Technology Transactions
January 12, 2022 22:40 - 38 minutes - 35.9 MBIn 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 technolog...
Data Transfers from Europe and Beyond: The New EU SCCs and Other Changes in International Data
October 20, 2021 20:26 - 27 minutes - 25.7 MBBusinesses 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 organi...
Cloud + Strategic Partnership: The Evolution of Cloud Services
September 23, 2021 14:00 - 31 minutes - 28.6 MBCompetition 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” oppor...
Global Impact of China's Data and Cybersecurity Laws
September 02, 2021 14:00 - 21 minutes - 19.4 MBOver 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 techn...
Insurance Technology and Innovation: Meeting Consumer Demands
August 19, 2021 14:00 - 28 minutes - 26.4 MBThe 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 a...
IP Pitfalls in Data Monetization Projects
July 15, 2021 14:00 - 25 minutes - 23.2 MBJoin 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 valu...
Making Sense of Banking as a Service (BaaS): Recent Applications and Considerations
July 01, 2021 14:00 - 37 minutes - 33.9 MBBanking 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 issu...
The Cyber Executive Order: Key Takeaways for Businesses
June 24, 2021 14:00 - 17 minutes - 15.9 MBWith 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...
Software and Data Audits: Tips to Avoid the Traps
June 17, 2021 14:00 - 26 minutes - 23.9 MBLicensees 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
May 20, 2021 14:00 - 30 minutes - 28.1 MBAcross 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...
Achieving Successful Business Outcomes Through Supply Chain Risk Management
May 06, 2021 14:00 - 24 minutes - 22.6 MBThe 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 outcom...
Key Legal Considerations in Use of Portfolio Company Data
April 29, 2021 14:00 - 23 minutes - 21.7 MBThere 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
March 25, 2021 14:00 - 26 minutes - 24.4 MBWhen 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?
March 11, 2021 14:00 - 35 minutes - 32.3 MBThe 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, Eliz...
Mastering Managed Services in the Digital Age
March 04, 2021 14:00 - 32 minutes - 29.5 MBToday’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 sec...
Reducing Dispute Risk in Technology Agreements
February 11, 2021 14:00 - 18 minutes - 16.8 MBMany 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
January 21, 2021 14:00 - 32 minutes - 30 MBCompanies 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 w...
2021 Trends for Technology Transactions
January 07, 2021 14:00 - 33 minutes - 31 MB2020 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, a...
Key Negotiation Issues for Online Intermediary Services (“Platforms”) in Financial Services
November 19, 2020 14:00 - 30 minutes - 28.2 MBBanks, 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 in...
IP Rights and AI-Generated Works
November 12, 2020 14:00 - 25 minutes - 23.3 MBThe 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 ho...
Managing Vendor Cybersecurity Risk in IoT Contracting
November 05, 2020 14:00 - 24 minutes - 22.6 MBThe 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 managin...
What to Make of Open Banking
October 12, 2020 14:00 - 31 minutes - 28.9 MB“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
September 28, 2020 14:00 - 27 minutes - 24.9 MBArtificial 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
September 21, 2020 14:00 - 20 minutes - 18.6 MBIn 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
May 28, 2020 14:00 - 23 minutes - 5.36 MBTechnology 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
April 22, 2020 14:00 - 29 minutes - 6.82 MBUS-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
April 03, 2020 14:00 - 28 minutes - 6.62 MBTechnology 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.