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ARTICLE · 04 NOVEMBER 2025

Capturing The Value Of Data In Technology Transactions

Mayer Brown
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Over the past few decades, the importance of data has grown dramatically. Deemed "the new oil"1 in 2006, today data is more like the lifeblood of the modern world, enabling innovations in data analytics...

United StatesIntellectual Property
Scott F. Young
Scott F. Young
Paul A. Chandler
Paul A. Chandler
Kyle M. Tang
Kyle M. Tang
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Introduction

Over the past few decades, the importance of data has grown dramatically. Deemed "the new oil"1 in 2006, today data is more like the lifeblood of the modern world, enabling innovations in data analytics, artificial intelligence ("AI") and other key technologies. Data-related issues in transactions have become more prevalent, complicated and important to the success of the deal and ultimately the survival of businesses. While the immense value of data is generally appreciated, companies are less aware of the protections available for data under US copyright, trade secret and other intellectual property ("IP") laws. As a result, companies often make mistakes in their handling of data or misunderstand the available rights when contracting for data. This often leads to unnecessarily contentious negotiations over data ownership issues, which may detract attention from more impactful matters, such as the scope of permitted data usage.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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