MoFo Tech

July 29, 2020 - European Union

Determining Liability For Illegal Uploads to Online Platforms: An ECJ Opinion Decides in Favour of Platform Operators

By: Alistair Maughan and Mercedes Samavi

Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that, under the current EU legal regime, operators should not be directly …›

July 16, 2020 - European Union, Privacy + Data Security

The Ruling on SCCs and Privacy Shield May Not Be As Straightforward As It Seems

By: Miriam H. Wugmeister and Alex van der Wolk

Today, the Court of Justice of the European Union (“Court”) issued its judgement in the Schrems II‑case. The case relates to the validity of certain transfer mechanisms to legitimize international sharing of personal information from the EU to outside the EU. In short, the …›

July 16, 2020 - Tech Talks

The New P2B Regulation Is Out – Here’s What Your Business Needs to Know

By: Alistair Maughan and Mercedes Samavi

From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and transparency. Platform use terms may need …›

July 7, 2020 - Blockchain, Fintech

Summer of Crypto – NYDFS Announces New Initiatives and Regulatory Proposals for Conditional BitLicense and Virtual Currency Regulation

By: Susan I. Gault-Brown, Dario de Martino, Adam J. Fleisher, and Lee Adam Nisson

On June 24, 2020, the New York State Department of Financial Services (“NYDFS”) announced a series of initiatives designed to provide further guidance and resources for businesses operating in, and potential new entrants into, the virtual currency industry. The initiatives represent the first major …›

June 26, 2020 - Privacy + Data Security

California Privacy Rights Act of 2020 Qualifies for November Ballot

By: Kristen J. Mathews, Joseph Roth Rosner, and Robert N. Famigletti

The California Privacy Rights Act of 2020 (CPRA), the California ballot initiative that would amend and expand the California Consumer Privacy Act of 2018 (CCPA), has qualified for the November 2020 California ballot. Read our client alert. …›

June 9, 2020 - Privacy + Data Security

Recent Decision Compelling Disclosure of Data Breach Incident Response Report Highlights the Importance of Preserving Privilege and Protecting Work Product

By: Mark David McPherson, John P. Carlin, and Gina M. Pickerrell

In a time when data breaches are on the rise, a recent court ruling serves as a stark warning for companies attempting to shield from disclosure their incident response consultant’s report. The court’s decision compelling the disclosure of a report prepared by Mandiant should …›

June 5, 2020 - European Union, Regulatory

Digital Compliance in Europe: Regulatory Alignment Post-Brexit

By: Alistair Maughan and Mercedes Samavi

Despite the coronavirus pandemic, the process of implementing Brexit continues. One of the key Brexit issues for the tech sector is the extent to which the UK will either align or diverge its digital regulations with the EU. Both the UK and EU have set …›

May 29, 2020 - European Union, Privacy + Data Security

EU Data Protection Laws Are Not Fit For Purpose: They Undermine the Very Autonomy of the Individuals They Set Out to Protect

By: Lokke Moerel

The European Union is supposed to have the strongest data protection laws in the world. So why do privacy violations continue to make the headlines? I believe that the lack of material privacy compliance is not due to lack of enforcement, but is due …›

May 21, 2020 - European Union, Intellectual Property

Germany Adopts Administrative Trademark Cancellation Actions

By: Robert Grohmann

On May 1, 2020 the last part of the German Trademark Law Modernization Act (Markenrechtsmodernisierungsgesetz – “MaMoG”), which contains practical relevant amendments to the procedural rules of the German trademark system, took effect. In particular, an administrative procedure for the revocation and the invalidation …›

May 20, 2020 - Blockchain

Understanding Blockchain - Blockchain and Securities Law - Part 4

By: Susan I. Gault-Brown and Dario de Martino

In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss if securities laws apply to all cryptocurrencies in the same way. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how companies can use …›

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