MoFo Tech

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Welcome to the MoFo Tech Blog

MoFo Tech brings together legal insights and in-depth analyses on trends and complex issues shaping the global technology industry, covering fields such as blockchain and distributed ledger, cloud and SaaS technologies, driverless cars, drones, FinTech, computer hardware and software, the IoT, semiconductors, and telecommunications.

January 10, 2019 - Privacy + Data Security

DOJ Indictment Alleges Theft of Hundreds of Gigabytes of Corporate and Government Data in Attacks Targeting Managed Service Providers

By: John P. Carlin, David A. Newman, and Amy S. Josselyn

In a new stunning example of the scale and sophistication of online cybercrime, just before the holidays, DOJ charged two hackers with stealing hundreds of gigabytes of data—including sensitive intellectual property, confidential business data, and personal information from companies and government agencies around the …›

January 9, 2019 - European Union, Privacy + Data Security

Attention EU-U.S. Privacy Shield Participants: What You Need to Do to Get Ready for the UK Withdrawal from the EU

By: Cynthia J. Rich

All Privacy Shield participants should be prepared — possibly as soon as March 30, 2019 — to update their Privacy Shield commitments in order to receive personal data from the UK in reliance on the EU-U.S. Privacy Shield Framework The timing of this required …›

January 8, 2019 - Intellectual Property, Software

A New Year's Gift for Patent Applicants?

By: Jonathan Bockman, Sejin Ahn, Shouvik Biswas, Christopher E. Gloria, and Karen G Potter

The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty acquiring patents under the Office’s procedures for determining patent subject matter eligibility under 35 U.S.C. § 101. Supreme Court decisions regarding …›

December 18, 2018 - European Union, Telecommunications

Hot off the press: The European Electronic Communications Code

By: Andreas Grünwald and Christoph Nüßing

Yesterday, after a legislative procedure lasting more than two years, the European Union has finally published its new “European Electronic Communications Code” (EECC). It provides updated rules for providers of traditional mobile and fixed telecoms services, establishes regulations for new online communications services and …›

December 14, 2018 - Financings

Agencies Issue Further Guidance Regarding Emerging Approaches to BSA/AML Compliance

By: Barbara R. Mendelson and Marc-Alain Galeazzi

On December 3, 2018, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Financial Crimes Enforcement Network, National Credit Union Administration, and Office of the Comptroller of the Currency (collectively, the “Agencies”) issued a joint statement regarding “innovative approaches” to …›

December 6, 2018 - Cloud Services + SaaS, Litigation

Don’t Snooze on Potential New Sales Tax Collection Obligations

By: Craig B. Fields, Rebecca M. Balinskas, and Matthew F. Cammarata

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via the Internet or other technological means thus …›

December 4, 2018 - European Union, Intellectual Property

IP Protection Post-Brexit: A Right-by-Right Analysis

By: Alistair Maughan, Wolfgang Schönig, Sana Ashcroft, and Robert Grohmann

The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”). With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal agreement that sets out the terms of the …›

November 20, 2018 - Artificial Intelligence + Robotics, Regulatory

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

By: John P. Carlin, Nicholas J. Spiliotes, Joseph A. Benkert, Robert S. Litt, Panagiotis C. Bayz, Charles L. Capito III, and Amy S. Josselyn

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies” that BIS was tasked to identify under the Export Control Reform …›

November 19, 2018 - Artificial Intelligence + Robotics, European Union

Algorithms can reduce discrimination, but only with proper data

By: Lokke Moerel

Since the advent of artificial intelligence technology, there have been countless instances of machine learning algorithms yielding discriminatory outcomes. For instance, crime prediction tools frequently assign disproportionately higher risk scores to ethnic minorities. This is not because of an error in the algorithm, but …›

November 16, 2018 - European Union, Litigation

Updating Evidence Laws for the Digital Space: Overseas Production Orders

By: Annabel Gillham

In a bid to keep English law up to date with technological advances, the Crime (Overseas Production Orders) Bill 2018 has passed the committee stage at the House of Lords. The proposed legislation is intended to allow enhanced judicial cooperation to tackle serious …›

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