MoFo Tech

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, Robert Grohmann, and Jana Brun

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: Kevin Roberts and 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 …›

November 9, 2018 - Financings, Fintech, Mergers + Acquisitions

First SEC Enforcement Action Against Unregistered Digital Token Exchange

By: F. Dario de Martino, Susan I. Gault-Brown, Daniel R. Kahan, and Alfredo B. D. Silva

Until yesterday, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token space have primarily focused on the primary issuances of tokens. However, on November 8, 2018, the SEC announced in an order (the “Order”) that it had settled …›

November 7, 2018 - European Union

New EU Regulation to Strengthen the Free Movement of Data

By: Kristina Ehle and Stephan Kreß

The European Union is close to finalizing a new regulation on the free flow of non-personal data within the EU. This is part of an EU goal to remove technical and legislative barriers to open data flows, including data location restrictions which force service …›

November 1, 2018 - Privacy + Data Security

John Carlin Authors Dawn of the Code War

By: John P. Carlin

Russia’s attack on the 2016 presidential election continues to command headlines but it’s only the latest incident of the U.S. being targeted by global adversaries in cyberspace, writes John P. Carlin, chair of Morrison & Foerster’s Global Risk + Crisis Management Group and co-chair …›

October 31, 2018 - European Union

The UK’s Last Budget Before Brexit – Tech, Tax and Temerity

By: Trevor L James

UK Chancellor of the Exchequer, Philip Hammond, has presented the final UK Budget before Brexit. In this alert we outline the key tax proposals from the Budget applicable to companies and investors in the tech sector, including: a digital services tax for “tech giants”; …›

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