Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Partner

Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

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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.

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News and thought leadership from lawyers who are adding value to the legal profession and the communities we call home.

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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.

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At the Intersection of Technology, Law, and Business

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Scaling Success, Powering Innovation – Exploring #NYTechWeek

Subject Matter Eligibility of AI Medical Treatments

Bipartisan Coalition Of State AGs Oppose Ten-Year AI Regulation Ban

Data Privacy at the Crossroads of AI and Life Sciences: U.S. and EU Perspectives

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

The New ABC's: Artificial Intelligence, Blockchain and How Each Complements the OtherBSA/AML compliance programs in the United States are often associated with high costs and inefficiencies. At the core of the problem is the lack of standardization across institutions and BSA/AML compliance processes such as know your customer (KYC), customer due diligence/enhanced due diligence, and transaction monitoring and alerting. This has resulted in burdensome compliance costs for financial institutions and has also created tense relationships between such institutions and their customers. Artificial Intelligence (AI) and blockchain could help financial institutions tackle this fragmented compliance landscape by making BSA/AML compliance more efficient. The machine-driven processes of AI, combined with the inherently secure and collaborative properties of blockchain, can facilitate a windfall in cost reduction while optimizing regulatory compliance. It is therefore incumbent upon legislators, regulators, developers and the general public alike to understand the potential in combining these two promising technologies into novel enterprise-ready solutions for BSA/AML compliance. Read our <a href="https://protect-us.mimecast.com/s/2o-9CjRO5BiXArqJsRr_rI?domain=www2.mofo.com">client alert.</a>

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Marc–Alain’s practice focuses on advising and counseling global banks, financial holding companies, bank holding companies, and other financial institutions on a variety of bank regulatory, Bank Secre

Marc-Alain Galeazzi

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Senior Counsel

Vivian is chair of Morrison Foerster’s Sourcing practice. Vivian has concentrated her practice on domestic and multijurisdictional transactions involving technology and intellectual property (IP) fo

Vivian L. Hanson

Vivian is chair of Morrison & Foerster’s Sourcing practice. Vivian has concentrated her practice on domestic and multijurisdictional transactions involving technology and intellectual property (IP) for clients in the media and entertainment, information services, information technologies (IT), financial services, and life sciences industries.

Vivian Hanson

Anzu Special Acquisition Corp I's Merger with Envoy Medical Corporation

TEAM Services Group's Multiple Acquisitions

McKinsey & Company's Multiple Acquisitions

Antarctica Capital's Acquisition of Descartes Labs

Special New Fruit Licensing's Combination with International Fruit Genetics

MGG Investment Group LP's Sale of Figo Pet Insurance to JAB Holdings Company

Sky Harbour's Business Combination Agreement with Yellowstone Acquisition Company

Axalta Coating Systems' Acquisition of U-POL Holdings Limited

Cornerstone Capital Group's Merger with Pathstone

Verdane Capital Advisors and Confirmit AS's Merger with FocusVision Worldwide

Rakuten Medical's Acquisition from Li-Cor and a Convertible Note Financing

MGG Investment Group's Minority Investment into a U.S. Insurance Brokerage

Pivotal Investment Corporation II's Merger with XL Fleet

Paine Schwartz Partners' Sale of FoodChain ID to Berkshire Partners

FoodChain ID's Acquisition of Nutraveris SAS

Fidelio Capital AB's Acquisition of Veterinary Orthopedic Implants

Western International Securities' Acquisition by Atria Wealth Solutions

Virgo Investment Group's Sale of Portfolio to Nautilus Solar Energy

Wacoal International Corporation's Acquisition of LIVELY

Rakuten Medical's Series D Financing

Sky Harbour's Series B Financing

MGG Investment Group LP's Investment into Figo Pet Insurance

Happiness Capital Limited's Investment into TruTag Technologies

Anzu Special Acquisition Corp I's Forward Purchase Agreements

Sky Harbour's Private Activity Tax-exempt Senior Bonds

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Associate

Lee Nisson is an associate in the firm’s Transactions Department.

Lee Adam Nisson

Lee Nisson

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Compliance for a Digital World: BSA/AML

A Rush to Patent the Blockchain Is a Sign of the Technology’s Promise

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The New ABC's: Artificial Intelligence, Blockchain and How Each Complements the Other
BSA/AML compliance programs in the United States are often associated with

Compliance for a Digital World: BSA/AML

A late-2019 amendment to New York’s telemarketing law, AB 117, prohibits telemarketers from knowingly making certain kinds of prerecorded sales calls to consumers who are located in a county, city, town, or village that is under a state of emergency or disaster emergency. The amended law applies to prerecorded telemarketing calls made to natural persons absent either the request of the called person or an established business relationship with the person. Since this amendment is recent, and made no change other than this prohibition, many businesses may not yet have incorporated the ban into their telemarketing compliance programs. Read our <a href="https://protect-us.mimecast.com/s/GFDKCwpR2xSmR5JjIq6T_D?domain=www2.mofo.com">client alert.</a>

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Amendment To New York Telemarketing Law Bans Some Sales Calls to Coronavirus (COVID-19) Affected Areas

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A late-2019 amendment to New York’s telemarketing law, AB 117, prohibits telemarketers from knowingly making certain kinds of prerecorded sales calls to consume

Amendment To New York Telemarketing Law Bans Some Sales Calls to Coronavirus (COVID-19) Affected Areas

Morrison & Foerster has mobilized a team of legal advisors across our firm’s global practices and disciplines to offer you timely legal and business advice as the worldwide coronavirus (COVID-19) health crisis continues to unfold and adversely affect entire governments, economies, businesses, and countries.<a target="_blank" href="https://www.who.int/">The World Health Organization</a> reports that there are “still many unknowns about the virus, including the clinical spectrum of disease, its severity, and transmissibility. This level of uncertainty, coupled with an onslaught of new cases and countries being affected, brings with it a plethora of wide-ranging global business and legal implications across a broad range of industries and geographies. The technology sector is being especially impacted as businesses prepare to move toward remote work and to operate in ways they have not before.

Coronavirus (COVID-19) Resource Center

Morrison & Foerster has mobilized a team of legal advisors across our firm’s global practices and disciplines to offer you timely legal and business advice as t

Coronavirus (COVID-19) Resource Center

Artificial intelligence (AI) and blockchain technology are two novel innovations that offer the opportunity for us to move beyond our legacy systems and streamline enterprise management and compliance in ways previously unimaginable. Each technology augments the strengths and tempers the weaknesses of the other. Specifically, AI is an active technology − it analyzes what is around and formulates solutions based on the history of what it has been exposed to. By contrast, blockchain is data agnostic with respect to what is written into it – the technology bundle is largely passive. While these new technology stacks can certainly function on their own merits, AI and blockchain also complement one another in such ways that their combination offers novel business solutions, not only the ability to build upon legacy enterprise systems but also the power to eventually upend them in favor of next level solutions.Getting to that inflexion point, however, takes time and is not without cost. As innovators seek to exploit the convergence of AI and blockchain innovations, they must pay careful attention to overcome both technical and regulatory hurdles that accompany them. Do so successfully, and the rewards promise to be bountiful.Read our <a href="https://protect-us.mimecast.com/s/hHLtC0RXEMi5r0WNHDnmA6?domain=www2.mofo.com">client alert.</a>

The New ABC’s: Artificial Intelligence, Blockchain and How Each Complements the Other

Artificial intelligence (AI) and blockchain technology are two novel innovations that offer the opportunity for us to move beyond our legacy systems and streaml

The New ABC’s: Artificial Intelligence, Blockchain and How Each Complements the Other

The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. As we have described previously, the FTC has interpreted its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”) to require that online advertisements — like all other advertising — clearly and conspicuously disclose material connections between endorsers (i.e., influencers) and the brands they promote because such connections may affect the credibility of the endorsement. And, in recent years, the FTC has — through enforcement actions, press releases, guidance, closing letters, and letters sent directly to endorsers (including prominent public figures) — made clear its belief that: (1) appropriate disclosures by influencers are essential to protecting consumers; and (2) in too many instances, such disclosures are absent from celebrity or other influencer endorsements. Read our <a href="https://protect-us.mimecast.com/s/-gXACkROBgiRpwmXuV397Z?domain=www2.mofo.com">client alert.</a>

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

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Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides

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The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that t

Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides

On February 11, the Federal Trade Commission (FTC) announced that it issued Special Orders to five large technology companies requiring them to submit information related to their acquisitions during the past decade that were not reportable under the HSR Act. According to FTC Chairman Joe Simons, the study will afford the Commission an opportunity to take a broader view of deals in the technology sector and “evaluate whether the federal agencies are getting adequate notice of transactions that might harm competition.” While the technology sector is the target of this study, companies in other industries should take note. Read our <a href="https://protect-us.mimecast.com/s/nk-xCOY5LGhgD9j8svFBuS?domain=www2.mofo.com">client alert.</a>

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Megan E. Gerking is a partner in Morrison & Foerster’s Global Antitrust Law Practice, where she specializes in government-facing antitrust matters. Megan represents companies in criminal and civil con

Megan Gerking

Megan E. Gerking

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FTC Uses "Study Authority" to Review Prior Non-HSR Reportable Tech Transactions

Chinese Interest High Despite Uncertainty

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On February 11, the Federal Trade Commission (FTC) announced that it issued Special Orders to five large technology companies requiring them to submit informati

FTC Uses "Study Authority" to Review Prior Non-HSR Reportable Tech Transactions

The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners.  Going forward, trademark applicants, registrants, and parties to a proceeding before the Trademark Trial and Appeal Board will need to provide their email address in USPTO filings. Unfortunately for trademark owners, unscrupulous third parties will likely take advantage of this new rule and start to use the email addresses to spam trademark owners, as they will be publicly available on the USPTO website. We therefore recommend trademark owners set up an email address specifically for the purpose of complying with the rule. Read our <a href="https://protect-us.mimecast.com/s/BF9ACxk78yUg5RYYUvEQY7?domain=www2.mofo.com">client alert.</a>

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Of Counsel

Muzamil Huq represents clients in the protection and enforcement of U.S. and non-U.S. trademark matters and other IP transactions. 

Muzamil Huq

Muzamil Huq represents clients in the protection and enforcement of U.S. and non-U.S. trademark matters and other IP transactions.

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New USPTO Rule Likely to Increase Spam

California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5

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The United States Patent and Trademark Office (USPTO) just issued new rules that directly affect trademark owners.  Going forward, trademark applicants, registr

New USPTO Rule Likely to Increase Spam

The European Patent Office has denied two patent applications on the grounds that an AI system cannot be listed as the inventor. For the first time, the European Patent Office (EPO) has issued a ruling on its approach to patent applications that designate artificial intelligence (AI) systems as inventors. In January 2020, the EPO published its reasons for rejecting two patent applications where the inventor named on the applications was an AI system called “DABUS.” The UK Intellectual Property Office (UKIPO) has also rejected the applications on similar grounds.  What did DABUS “invent”?The “Artificial Inventor Project,” a group of patent attorneys, filed two patent applications at the EPO covering inventions that were supposedly “invented” by DABUS, an AI system developed by Dr. Stephen Thaler (the “Applicant”). One application was directed to a light emitting device that could be used as an emergency signal beacon and the other was directed to a food container device.Patent applications for these inventions were also filed at the UKIPO and the U.S. Patent and Trademark Office (USPTO).  The decisions of the EPO and UKIPOThe EPO and the UKIPO both addressed three key issues in their decisions:<ol><li>Can an AI system be named as an inventor in a patent application?</li></ol>The EPO and the UKIPO respectively applied the formal requirements of the European Patent Convention (EPC) and the UK Patents Act (UK PA), both of which require an inventor to be a named person. The EPO went one step further, stating that the requirement for an inventor to be a named person appears to be an international standard, citing a study that it had conducted on the concept of AI inventorship in multiple countries.While the UKIPO acknowledged that the idea of an AI inventor had not been contemplated when either the EPC or the UK PA was drafted, because the wording of the UK PA is clear and no other court had supported the concept of an AI inventor, the UKIPO was unable to decide that an inventor could be anything else besides a “natural person.”<ol><li>Would naming a natural person as an inventor mislead the public?</li></ol>Before the EPO, the Applicant argued that incorrectly listing a human as the inventor would mislead the public. The EPO rejected this argument, stating that the EPO does not verify the accuracy of named inventors. The EPO also pointed out that, because the application would be published, any member of the public could question or challenge its contents in national courts. <ol><li>Can an AI system transfer the right to apply for a patent to its owner? </li></ol>The Applicant argued that he obtained the right to apply for the patents from DABUS. However, both the EPO and UKIPO rejected the idea that a machine or AI system could own any intellectual property rights. If an AI system is unable to own any intellectual property rights, then it is unable to assign or transfer such rights to its owner.Will these decisions discourage the distribution of information about innovations involving AI?The UKIPO considered this point, but decided that the dissemination of information about innovations involving AI may occur in a number of ways, not just through the publication of a patent application or patent.Additionally, the UKIPO noted that recognizing an AI system as an inventor would not affect the likelihood that information about AI innovation would be available to the public because this decision would ultimately be made by the owners or developers of the AI system.What happens next?Currently, it appears that an inventor must be a named human person for a patent application filed at the EPO and the UKIPO.However, the UKIPO observed, in its decision, that the present patent system may not properly cater to inventions by AI systems, and encouraged a wider debate on this issue.As the Applicant has the right to appeal both decisions, higher courts may provide additional guidance on this issue in the future.The USPTO has not rejected these applications. On August 27, 2019, the USPTO published a Notice in the Federal Register requesting information from the public on AI patent-related issues, including whether current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an AI invention or any other invention.London-based Trainee Solicitor, Danial Alam, contributed to the writing of this article.

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Alistair Maughan

Can AI Be an Inventor? Not at the European Patent Office.