MoFo Tech

March 9, 2017 - Mergers + Acquisitions

New Rules on Merger Control, Market Dominance, Damages Claims, and Cartel Fines

By: Andreas Grünwald, Jens Hackl, and Julia Schwalm

On March 9, 2017, the German Federal Parliament passed the ninth amendment to the Act against Restraints of Competition (ARC) (Gesetz gegen Wettbewerbsbeschränkungen). The amendment is expected to come into force in Q2/2017 and will substantially change German competition law. The reform is driven in …›

March 6, 2017 - Litigation

The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

By: Oliver I. Ireland

Saliha Madden (“Madden”) claims that Midland Funding LLC (“Midland”) illegally charged Madden and other similarly situated New York debtors a usurious rate of interest on certain defaulted credit card obligations that Midland had purchased from a national bank. After a previous summary judgement for Midland …›

March 6, 2017 - Fintech, Regulatory

UK Regulations: Urgent Action Required from Loan-Based Crowdfunding Platforms

By: Jeremy C. Jennings-Mares, Oliver Rochman, Peter J. Green, Rob Mailer, and Clara Wong

The UK’s Financial Conduct Authority (FCA) published a “Dear CEO” letter on February 28, 2017 requiring urgent action from firms operating loan-based crowdfunding platforms that facilitate loans to lending businesses. UK-based crowdfunding platforms and some of their borrowers that fail to act may …›

March 2, 2017 - Hardware, Regulatory

Watch Out: The Federal Trade Commission Continues to Watch the (Alleged) Watchers

By: Julie O'Neill and Adam J. Fleisher

The Federal Trade Commission (FTC) alleges in a recent settlement with smart TV manufacturer Vizio, Inc. that it unfairly and deceptively collected, disclosed, and used TV viewer information for advertising practices in violation of Section 5 of the FTC Act. The Decision Reinforces the Position …›

February 23, 2017 - Regulatory

Don’t Get Caught by the Phisherman’s Hook This Tax Season

By: Miriam H. Wugmeister and Robert J. Baehr

During last year’s tax season, the IRS warned of a 400% increase in phishing and malware attacks, which contributed to an estimated $21 billion of taxpayer money lost to fraudulent tax returns. This was up from about $6.5 billion lost in 2014. Studies …›

February 22, 2017 - Intellectual Property, Litigation

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

By: Hector G. Gallegos and Aaron D. Rauh

On February 22, 2017, the U.S. Supreme Court in Life Technologies Corp. v. Promega Corp. held that if a party provides from the United States just one component of a foreign-manufactured, multicomponent, patent-infringing invention, that party cannot be liable under 35 U.S.C. §271(f)(1). Life Technologies …›

February 17, 2017 - Litigation, Regulatory

Court Allows Microsoft to Challenge Secrecy of User Data Requests

By: John P. Carlin and Joseph Roth Rosner

In the ongoing debate over government access to private communications the United States District Court for the Western District of Washington rejected a Government motion to dismiss a suit by Microsoft challenging the constitutionality of certain secrecy provisions of the Stored Communications Act (SCA). …›

February 13, 2017 - Cloud Services + SaaS, Litigation, Regulatory

Google Ordered to Comply with Warrant for Foreign-Stored User Data

By: John P. Carlin and Joseph Roth Rosner

In an opinion that departs significantly from one issued by the Second Circuit in 2016 in a similar case against Microsoft, the U.S. District Court for the Eastern District of Pennsylvania held that Google must comply with a subpoena from the Department of Justice …›

February 9, 2017 - Financings, Intellectual Property

Why Should Your Startup Care About Intellectual Property?

By: Timothy J. Harris

Intellectual property adds value to a startup by giving it the ability to: - Exclude others from providing a particular product or service; - Differentiate its product from legacy solutions and competition; …›

February 2, 2017 - Mergers + Acquisitions

Chinese Interest High Despite Uncertainty

By: Charles C. Comey

How does China view the United States as an investment market under the new Administration? Despite United States withdrawal from the Trans-Pacific Partnership (TPP) and rumblings in Washington about tightening regulatory review on inbound investment and M&A from China, interest from China to invest/acquire in …›

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