MoFo Tech

May 23, 2018 - Regulatory

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical Technologies”

By: John P. Carlin, Nicholas J. Spiliotes, and Panagiotis C. Bayz

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation (known as “FIRRMA,” for the Foreign Investment Risk Review Modernization Act of 2018) …›

May 21, 2018 - Artificial Intelligence + Machine Learning, European Union

The EU’s Strategy for AI Investment

By: Alistair Maughan and Sana Ashcroft

The European Union has laid out a strategy to promote the growth of Artificial Intelligence technology in Europe. As so often with EU initiatives, the initiatives designed to implement the strategy are long on vision but short on specific practical changes. EU-based entities will …›

May 14, 2018 - Litigation, Privacy + Data Security

California’s GDPR? The 2018 California Consumer Privacy Act

By: Purvi G. Patel and Alexandra Eve Steinberg Laks

While companies are focusing on compliance with the EU’s General Data Protection Regulation (GDPR) requirements, Californians will likely be given the option on the November 6, 2018 ballot to impose a sweeping, GDPR-like privacy regime that also deserves attention. If approved by voters in …›

May 8, 2018 - Mergers + Acquisitions

After Broadcom/Qualcomm: Where Does Cross-Border M&A Go Now?

By: Robert S. Litt

The Trump administration’s recent blocking of Broadcom’s proposed $117 billion takeover bid of Qualcomm on the basis of national security concerns has created an atmosphere of increased uncertainty for future cross-border M&A deals. Morrison & Foerster’s Robert Townsend, co-chair of the Global M&A Group, …›

May 8, 2018 - Telecommunications

New Rules for the European Telecoms Sector: The European Electronic Communications Code

By: Andreas Grünwald and Christoph Nüßing

The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technological and market changes. And, not only has the outdated regime failed to help the European telecoms sector to overcome the fragmentation …›

May 7, 2018 - Financings

A Startup Lawyer’s Guide to the 6 Top Things a Founder Should do Before Raising Venture Capital

By: John M. Rafferty

An attorney who counsels hundreds of startups every year, Emerging Companies + Venture Capital partner John Rafferty says going into the VC-capital-raising process unprepared is a mistake startups should be sure to avoid. He believes no startup should embark on that process without first …›

May 2, 2018 - Intellectual Property, Litigation

Turn On, Tune In, and Drop Out? BREXETING UK Signs up for the UPC, Whilst Germany Is Lingering to Ratify

By: Wolfgang Schönig and Robert Grohmann

The Unified Patent Court (“UPC”) will be a Court common to 25 Member States of the European Union (“EU”) (currently including the UK) and thus be part of their judicial system. The Court will have exclusive jurisdiction over traditional European patents (a bundle …›

May 2, 2018 - Intellectual Property, Litigation

German draft bill on the implementation of the EU Trade Secrets Directive

By: Wolfgang Schönig

Summary The European Union is finally making significant progress in implementing the first pan-EU trade secrets protection rules. The EU’s largest country, Germany, has published its long-awaited draft bill setting out how it proposes to implement trade secrets protection. The EU directive on trade secrets protection …›

April 30, 2018 - Regulatory

EU Digital Market VAT Reform

By: Mercedes Samavi and Trevor L James

Since 2015, the European Union has been gradually implementing a series of reforms designed to create a Digital Single Market across the EU. In setting its reform agenda, the European Commission looked beyond areas traditionally associated with the regulation of technology and digital services, …›

April 27, 2018 - Announcements, Software

German Federal Court: Unfair Competition Law No Basis to Ban Ad Blocking and Whitelisting

By: Christoph Wagner and Theresa Oehm

In a landmark decision, on April 19, 2018, the German Federal Court of Justice decided that the ad blocking application and browser-extension Adblock Plus does not violate the German Unfair Competition Act (Gesetz gegen den Unlauteren Wettbewerb – UWG). Offering software that allows users …›

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