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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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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Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

Japan’s Approach to AI Regulation in 2025

Federal Circuit Clarifies Requirements for Prior Art Under Pre-AIA 35 U.S.C. § 102(e)

AI Agent as a Service in Medtech - Key Considerations for Commercial Contracts

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

On January 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to place new restrictions on the export of certain software specially designed for automating the analysis of geospatial imagery and collections of data points.This new rule sheds light on U.S. government concerns regarding the application of artificial intelligence (AI) to the analysis of increasingly available, large geospatial data sets, and the specific role it can play in remotely detecting and identifying objects of interest for military and intelligence purposes. The use of an emergency authorization to make these controls effective immediately also underscores the perceived urgency in controlling the transfer of this technology to non-allied countries. In addition to their impact on U.S. trade, the new restrictions will have important implications for reviews of foreign investment in U.S. companies by the Committee on Foreign Investment in the United States (CFIUS).Read our <a href="https://protect-us.mimecast.com/s/U5f3CW6jp1UYqEGwuKTdzU?domain=www2.mofo.com">client alert.</a>

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Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.
In the National Security space, he has significant experience couns

Charles L. Capito

Charles Capito

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Senior Advisor, National Security

Joseph Benkert is a senior advisor  in Morrison & Foerster’s National Security practice group. He advises  clients on critical national security matters pertaining to the Committee on  Foreign Investm

Joseph Benkert

Joseph A. Benkert

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U.S. Department of Commerce Imposes Immediate Export Controls on Artificial Intelligence Software Used to Automatically Detect and Identify Objects Remotely

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On January 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration R

U.S. Department of Commerce Imposes Immediate Export Controls on Artificial Intelligence Software Used to Automatically Detect and Identify Objects Remotely

<p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">In an article authored for Today’s General Counsel, partner Tracy Bacigalupo discusses how new legislation in Maryland, Senate Bill 136, provides Maryland-formed companies with the statutory framework necessary to migrate their businesses to a blockchain-enabled platform. The legislation reinforces Maryland as a ‘go to’ state for those seeking a pro-business, pro-future statutory framework for their companies. <p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Senate Bill 136, which Maryland Governor Hogan signed on April 30, 2019, and went into effect on October 1, 2019, “provides explicit statutory authority for Maryland companies to use electronic networks or databases, including distributed ledgers and blockchain technology, for the creation and maintenance of corporate records, including a company’s stock ledger,” writes Tracy. The article then further details the many benefits now available to Maryland companies as a result of this new legislation. <p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt1ab2206f50c4e7a7/627317d00cffdf1eb1369e11/191219-maryland-blockchain-technology.pdf" target="_blank" style="background-color: transparent;box-sizing: border-box;color: rgb(3, 65, 147);text-decoration-line: none;transition-duration: 0.2s;transition-timing-function: cubic-bezier(0.42, 0, 0.58, 1);transition-delay: 0s;transition-property: color;">full article</a>.

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Maryland a Leader in Embracing Blockchain Technology

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

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In an article authored for Today’s General Counsel, partner Tracy Bacigalupo discusses how new legislation in Maryland, Senate Bill 136, provides Maryland-forme

Maryland a Leader in Embracing Blockchain Technology

<p style="background-color: transparent;box-sizing: border-box;color: rgb(82, 83, 87);font-size: 16.93px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 27.08px;margin-top: 0px;margin-right: 0px;margin-bottom: 20px;margin-left: 0px;padding-top: 0px;padding-right: 0px;padding-bottom: 0px;padding-left: 0px;overflow-wrap: normal;">In 2017, the Commission on the Theft of American Intellectual Property issued a report to Congress estimating that the theft of trade secrets could cost the United States economy as much as $600 billion annually. In the years following, news reports indicate that alleged instances of corporate espionage and the theft of trade secrets continue at a rapid pace. But sometimes trade secret assertions can be overbroad, vague, and anticompetitive. Many commentators have cautioned that trade secret assertions should not be used improperly to inhibit employee mobility.In a recent example of corporate espionage and theft of trade secrets, on November 21, 2019, the United States Department of Justice (DOJ) announced that Haitao Xiang, a Chinese national who had previously worked for the Monsanto Company (now a part of Bayer AG), and its subsidiary The Climate Corporation, had been indicted by a federal grand jury on one count of conspiracy to commit economic espionage, three counts of economic espionage, one count of conspiracy to commit theft of a trade secret, and three counts of theft of a trade secret.

Seagen Inc. v. Daiichi Sankyo Co. Ltd. et al. (AAA Arbitration, Eastern District of Texas, District of Delaware, and Patent Trial and Appeal Board)

Evolve BioSystems, Inc. v. Abbott Laboratories (Northern District of Illinois)

Driscoll’s, Inc. v. California Berry Cultivars, LLC (Eastern District of California)

Bayer CropScience LP v. Tenfold Tech., LLC (Eastern District of Texas)

The Regents of the University of California v. California Berry Cultivars, L.L.C. et al.  (California Superior Court and Northern District of California)

Arch Development Corp. v. Genentech, Inc. (Northern District of Illinois, Patent Trial and Appeal Board, and Federal Circuit)

Phigenix, Inc. v. Genentech, Inc. (Northern District of California and Federal Circuit)

Phigenix, Inc. v. Genentech, Inc. and ImmunoGen, Inc. (Patent Trial and Appeal Board and Federal Circuit)

Focal Therapeutics, Inc. v. Senorx, Inc. (Patent Trial and Appeal Board)

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Matthew protects his clients’ intellectual property and defends his clients wrongly accused of infringement. His hearing and trial experience is extensive. Whether exploring complex technical issues regarding a biologic drug, or digging into the finer points of patent law, he excels at keeping his opponents on their toes.

Matthew Chivvis

Matthew A. Chivvis

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Striking the Balance in Trade Secret and Corporate Espionage Disputes

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

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In 2017, the Commission on the Theft of American Intellectual Property issued a report to Congress estimating that the theft of trade secrets could cost the Uni

Striking the Balance in Trade Secret and Corporate Espionage Disputes

Businesses have been finalizing their plans to comply with the California Consumer Privacy Act of 2018 (CCPA) by January 1, 2020, when the law becomes operative, but the ultimate trajectory of California’s post-2020 privacy regime remains in flux. As we detailed last month, the California Privacy Rights and Enforcement Act (CPREA), a proposed ballot initiative introduced by Californians for Consumer Privacy (the nonprofit behind the original CCPA initiative in 2018), would amend and expand the CCPA if it obtains enough signatures to appear on the 2020 California ballot and is approved by voters.  In November, the nonprofit filed an amended version of the initiative — renamed Initiative 19-0021A1, “The California Privacy Rights Act of 2020” (CPRA) — that narrows some of the CPREA’s obligations and expands others.  Read our <a href="https://protect-us.mimecast.com/s/GBhaC4xYV2fWEB17Cx1ivN">client alert.</a>

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2020 CCPA Ballot Initiative Gets a Makeover

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

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Businesses have been finalizing their plans to comply with the California Consumer Privacy Act of 2018 (CCPA) by January 1, 2020, when the law becomes operative

2020 CCPA Ballot Initiative Gets a Makeover

<p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Partner Janet Xiao, who leads the firm’s China Life Sciences Group, co-authored an article with associate Can Cui for Intellectual Property Magazine, titled “Crossing Borders,” which explores technology transfer opportunities emerging from import rules in China. The authors note that Chinese companies are eager to bring foreign innovative technologies to China, and, despite trade tensions between the U.S. and China, cross-border technology transfers into China, especially in the life sciences area, have remained active. Janet and Can then breakdown how these technology transfers are being regulated through China’s technology import and export regulations (TIER), including how a recent amendment to TIER has impacted the space.

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Janet focuses her practice on worldwide patent procurement, patent portfolio management, and strategic planning for life sciences companies. Janet’s clients range from large multinational biopharmaceu

Janet Xiao Ph.D.

Janet focuses her practice on worldwide patent procurement, patent portfolio management, and strategic planning for life sciences companies. Janet’s clients range from large multinational biopharmaceutical companies, such as Celgene and Genentech, to emerging startup companies around the world.

Janet Xiao

Crossing Borders

Partner Janet Xiao, who leads the firm’s China Life Sciences Group, co-authored an article with associate Can Cui for Intellectual Property Magazine, titled “Cr

Crossing Borders

The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on December 3, 2019. The Los Angeles hearing featured comments from approximately 24 speakers over a two-hour period. The following provides an overview of the Los Angeles hearing and comments made at the hearing. Read our <a href="https://protect-us.mimecast.com/s/WqIXC68zGMS9oRyQu6MdJ9">client alert.</a>

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California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA Regulations

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

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The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on D

California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA Regulations

Morrison & Foerster’s Kristen Mathews and Adam Fleisher have written an article for Law360 that covers compliance obligations for financial institutions under the California Consumer Privacy Act (CCPA). Read our <a href="https://protect-us.mimecast.com/s/bNlqCL950GHOP4pKCqmwF-">client alert.</a>

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Financial Cos. Face A New Normal Under State Privacy Laws

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

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Morrison & Foerster’s Kristen Mathews and Adam Fleisher have written an article for Law360 that covers compliance obligations for financial institutions under t

Financial Cos. Face A New Normal Under State Privacy Laws

The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC staff takes the form of a brochure (with accompanying video) aimed directly at influencers. It bluntly states that influencers “must comply with the law” when working with brands to recommend or endorse products and provides “tips on when and how to make good disclosures.” Read our <a href="https://protect-us.mimecast.com/s/DkddCL950GH9n127sqdtUL">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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Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers

Biometric Information as Personal Information In A Brave New World of Regulatory Compliance

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The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or 

Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers

As the number of companies affected by cybersecurity incidents continues to grow, we expect to hear from more whistleblowers raising alarms about companies’ cybersecurity practices. Anticipating potential whistleblowers, companies should promptly address internal warnings about their cybersecurity practices and should plan how they will address whistleblowers and their concerns, and how to defend against whistleblower claims. In an article published in Corporate Compliance Insights, Morrison & Foerster’s Kristen J. Mathews, Mark David McPherson and Janie Schulman cover various measures and best practices for companies in guarding against potential liability.  Read the <a href="https://protect-us.mimecast.com/s/Qro9CmZM8kilVP3ofOMEX6">full article.</a>

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Anticipating the Next New Variety of Cybersecurity Litigation

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

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As the number of companies affected by cybersecurity incidents continues to grow, we expect to hear from more whistleblowers raising alarms about companies’ cyb

Anticipating the Next New Variety of Cybersecurity Litigation

Morrison & Foerster is pleased to share with our clients and friends the results of our annual Tech M&A Leaders’ Survey, which takes the temperature of company executives, corporate development officers, lawyers, bankers, and other dealmakers focused on the technology sector. According to the findings:<ul><li>The majority of dealmakers expect activity to increase over the next 12 months (40%), a cooler forecast compared to October 2018, when the last survey was conducted.</li><li>Economic factors accounted for most of the dealmakers’ concerns, with 61% citing fears of a potential recession and 57% citing tariffs or trade disputes as possible deterrents to future deals.</li><li>Respondents were split on how they think tech acquisitions by private equity firms will proceed in the next 12 months, with 35% expecting an increase in activity, 37% predicting activity will stay the same, and 28% anticipating a decrease.</li><li>Machine learning continues to grow as a priority for acquirers, according to 84% of respondents.</li></ul><a href="https://protect-us.mimecast.com/s/5i5YCyPJ7zfonoxgTQgRzb">Visit our resource center</a> for additional commentary.

What are Tech M&A Leaders Saying?

Morrison & Foerster is pleased to share with our clients and friends the results of our annual Tech M&A Leaders’ Survey, which takes the temperature of company 