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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.

October 16, 2019 - Regulatory
Foreign Investment 2020: CFIUS Spotlight on “TID” U.S. Businesses
By: Charles L. Capito and Joseph A. Benkert
FIRRMA directed the U.S. Department of the Treasury (“Treasury”), as the chair of CFIUS, to issue regulations that, among other things, address national security concerns arising from foreign investment in U.S. businesses with critical technologies, critical infrastructure, and personal data (referred to in the proposed regulations as “TID
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October 15, 2019 - Privacy + Data Security
California AG Issues Long-Awaited CCPA Implementation Regulations
By: Mary Race
With just over two months until the California Consumer Privacy Act of 2018 (“CCPA”) becomes operative, California Attorney General (“AG”) Xavier Becerra has issued draft regulations to guide covered businesses’ implementation of the groundbreaking privacy law. The proposed regulations address several CCPA provisions that
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October 14, 2019 - Privacy + Data Security
CLOUD Act Compliance: Key Takeaways for U.S. Companies from the U.S.-UK Executive Agreement
By: Robert S. Litt and Alex Iftimie
A groundbreaking agreement between the United States and the United Kingdom will give rise to a streamlined process for UK law enforcement to request data from U.S. companies, using UK legal process. DOJ views it as an important advance in cooperation between two longstanding allies
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October 11, 2019 - Privacy + Data Security, Litigation
Here We Go Again: New CCPA Ballot Initiative, Fall 2020
By: Purvi G. Patel
Businesses have been tirelessly preparing for the California Consumer Privacy Act of 2018 (CCPA), which becomes operative on January 1, 2020. But Californians for Consumer Privacy, the nonprofit behind the 2018 ballot initiative that was withdrawn with the passage of the CCPA, has been
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October 10, 2019 - Artificial Intelligence + Robotics, Asia
Commerce Adds 28 Chinese Organizations to the Entity List for Associations with Human Rights Violations and Abuses
By: Charles L. Capito and Joseph A. Benkert
The U.S. Department of Commerce (“Commerce”) has added 28 Chinese organizations to the Bureau of Industry and Security (BIS) Entity List , a move that effectively cuts off these entities from directly or indirectly acquiring hardware, software, and technology subject to the Export Administration
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October 09, 2019 - Privacy + Data Security, Blockchain, European Union
Why Blockchain is not inherently at odds with GDPR - Part 2
By: Lokke Moerel and Marijn Storm
What are the real data protection issues? The fact that BC, both public and private, is inherently transparent and immutable may clash with data minimization principles and may make it impossible to respond to rights of individuals to have their data corrected or deleted.
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October 08, 2019 - Privacy + Data Security, Blockchain, European Union
Why Blockchain is not inherently at odds with GDPR - Part 1
By: Lokke Moerel and Marijn Storm
“ In an almost direct clash of intentions, the GDPR has effectively banned the use of blockchain technology in Europe because of its immutable nature. ” – Forbes Summary The current perception is that blockchain is not compatible with GDPR. We disagree that this
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October 01, 2019 - Privacy + Data Security
Forget Me...or Not
By: Alex van der Wolk
In a landmark ruling, the European Court of Justice—Europe’s highest court—dealt Google a clear win by placing a territorial limit on the “right to be forgotten” in the EU. The court’s holding in Google v. Commission nationale de l’informatique et des libertés (CNIL) clarifies
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September 27, 2019 - Privacy + Data Security
Don’t Miss an Episode of Our New Video Series, Cracking the CCPA Code
By: Kristen J. Mathews and Miriam H. Wugmeister
Need help distilling the CCPA and figuring out the nuances? Watch our new video series, Cracking the CCPA Code, as MoFo partners share foundational knowledge as well as advanced understanding of this legislation that will help you navigate its impact to your business. Each
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September 24, 2019 - Regulatory
Uncharted Territory: U.S. Antitrust Enforcement in the Technology Sector
By: Vishal Mehta and Megan E. Gerking
Antitrust scrutiny of technology companies in the United States has reached an unprecedented level of intensity. In the last several months alone, (1) the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) each announced major investigations into digital platforms;
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