
Tech Talks by Mayer Brown
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.
Episodes
IP Frameworks in Contracts for Emerging Technologies
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 i
Protecting AI Assets and Outputs with IP Strategies in a Changing World
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, copyright
Artificial Intelligence Provisions in Technology Contracting: Keeping Up With the Evolving Regulatory Landscape
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" t
Scaling a Business Through Strategic IP Partnerships and Brand Licensing
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 l
Integrating the IP of New Technologies Global Tax and IP Risks
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 Dibbe
Cross-border Tech Deals: Safeguarding Innovation Without Slowing The Business
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
Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks
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
Fair Use and the Future of AI: A Closer Look at Thomson Reuters v. Ross
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 bef
2025 Trends for Technology Transactions
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
Navigating Facilities Management Outsourcing in a Post-COVID World
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 technolog
Using Customer-Facing Platforms in Multi-Channel Approach
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. Th
Contracting for Trade Secret Protection in the Post-Non-Compete Era
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
The Global AI Regulatory Maze: Impacts on Tech Transactions & Governance
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?
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 bus
2024 Trends for Technology Transactions
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 compl
Strategies for Success: Outsourcing Deal and Negotiation Processes
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 Penn
Cybersecurity Risks in Technology Transactions
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
Unpacking the China Data Laws
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 a
Proactive Contracting for Tech Startups: Will Your Commercial & IP Agreements Help or Hinder an Exit?
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 o
Impact of the Banking Crisis on Bank-FinTech Relationships
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 Rohit
Contracting for Generative AI
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
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
Navigating Open Source Pitfalls in Transactions
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
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 d
Strategic Considerations for Data Privacy Compliance in Tech Transactions
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), a
Contract Disputes Arising from the Ukraine Conflict: Issues, Defenses and Lessons for the Future
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 dis
Governing Service Provider Relationships: Seven Legal Tips for Strengthening and Leveraging Contract Rights
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 so
NFT Primer: What Buyers, Sellers and Issuers Need to Know
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 A
Developments in Copyright Law Affecting Tech Transactions
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
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
2022 Trends for Technology Transactions
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 susta
Data Transfers from Europe and Beyond: The New EU SCCs and Other Changes in International Data
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
Cloud + Strategic Partnership: The Evolution of Cloud Services
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 wit
Global Impact of China's Data and Cybersecurity Laws
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 focu
Insurance Technology and Innovation: Meeting Consumer Demands
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
IP Pitfalls in Data Monetization Projects
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 providin
Making Sense of Banking as a Service (BaaS): Recent Applications and Considerations
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-
The Cyber Executive Order: Key Takeaways for Businesses
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 pro
Software and Data Audits: Tips to Avoid the Traps
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
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
Achieving Successful Business Outcomes Through Supply Chain Risk Management
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 associate
Key Legal Considerations in Use of Portfolio Company Data
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
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?
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 s
Mastering Managed Services in the Digital Age
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
Reducing Dispute Risk in Technology Agreements
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
Navigating Issues in the Data Monetization Journey
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 f
2021 Trends for Technology Transactions
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 ma
Key Negotiation Issues for Online Intermediary Services ("Platforms") in Financial Services
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 pre
IP Rights and AI-Generated Works
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 th
Managing Vendor Cybersecurity Risk in IoT Contracting
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 lan
What to Make of Open Banking
"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 c
Artificial Intelligence Licensing: What You Need to Know
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 agre
New Rules for Online Platforms and Search Engines Offering Services to Businesses in the EU and the UK
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 disc
"Back to Business" for Outsourcing and other Technology-Based Services Contracts
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
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
How to Respond to Requests for COVID-19 Waivers from Outsourcing Service Providers
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.
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