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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.

April 30, 2019 - Privacy + Data Security
John Carlin Discusses the Latest Threats of Global Cyber Attacks on CBS's 60 Minutes
Morrison & Foerster partner John Carlin, the former top national security lawyer for the Department of Justice, was recently featured on CBS's 60 Minutes. John spoke to 60 Minutes correspondent Lesley Stahl for a report drawn from a chapter of his book Dawn of the Code War on “The
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April 26, 2019 - Financings, Fintech
In a First, FinCEN Assesses Civil Money Penalty Against Peer-to-Peer Virtual Currency Exchanger
By: Marc-Alain Galeazzi
The Financial Crimes Enforcement Network (“FinCEN”) issued a press release announcing a civil money penalty for violations of the Bank Secrecy Act against Eric Powers, an individual who acted as a peer-to-peer virtual currency exchanger. The enforcement action is the first-ever penalty assessed by FinCEN
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April 23, 2019 - Privacy + Data Security, European Union
GDPR: What Happened To One-Stop-Shop Enforcement?
By: Lokke Moerel
Read Lokke Moerel’s article on the NYU Blog Compliance & Enforcement on the impact of the decision of the French data protection against Google refusing to apply the GDPR’s “one-stop-shop” enforcement mechanism. Find out more here.
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April 12, 2019 - Blockchain, Financings, Fintech
SEC Issues Historic No-Action Letter and Releases Framework for “Investment Contract” Analysis of Digital Assets
By: Alfredo B. D. Silva and Dylan Kelsey Naughton
On April 3, 2019, the Strategic Hub for Innovation and Financial Technology of the U.S. Securities and Exchange Commission (“SEC”) published two pieces of guidance on when a blockchain-enabled digital asset will, or will not, be considered a security. The first piece of guidance
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April 11, 2019 - Blockchain, Financings, Fintech
FSA Proposes Bill to Amend Japanese Laws Regulating Cryptocurrency-Related Businesses
By: Seth M. Graham
The Japanese Financial Services Agency (“FSA”), Japan’s primary financial regulator, announced on March 15, 2019, that it was submitting a bill to the Diet to amend both the Payment Services Act (the “PSA”) and the Financial Instruments and Exchange Act (the “FIEA”) relating to how the
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April 09, 2019 - Intellectual Property, European Union, Telecommunications
FRAND Case Law in Europe After Huawei v. ZTE
O n July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE. In its decision, the ECJ provided fundamental guidance for the licensing and enforcement of standard essential patents (SEPs) that are subject to a FRAND licensing
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April 03, 2019 - Regulatory, Blockchain, European Union, Financings, Fintech
FCA Guidance on UK Crypto-Assets Regulation
The United Kingdom’s Financial Conduct Authority published draft guidance on the circumstances in which crypto-assets will fall within its regulatory perimeter and has invited comments and feedback on the draft guidance by 5 April 2019. In particular, it explains how it divides crypto-tokens into
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April 02, 2019 - Regulatory
CFIUS’s Axe to Grind: China’s Kunlun Reportedly Forced to Divest Grindr Amid Concerns Over Sensitive Personal Data
By: Charles L. Capito and Alex Iftimie
The Committee on Foreign Investment in the United States (CFIUS) is reportedly forcing Beijing Kunlun Tech Co. Ltd. (“Kunlun”) to divest Grindr LLC (“Grindr”), the dating app Kunlun acquired in 2016. Much of the popular press is focusing on the seemingly remote connection between
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April 01, 2019 - Privacy + Data Security
FTC Releases 2018 Privacy and Data Security Update Report
By: Julie O'Neill
With privacy and data security issues dominating headlines over the past year, the Federal Trade Commission – the Nation’s top privacy watchdog – has had its hands full. The FTC’s recently released 2018 “Privacy and Data Security Update” reflects this flurry of activity. The report provides
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March 29, 2019 - Artificial Intelligence + Robotics
Employment Practices and Future Technologies - Taking the Human Out of Human Resources
The machines are taking over. Not always apparent, but Artificial Intelligence (AI) and machine learning (ML) are finding footholds in numerous industries. One area in which AI is rapidly on the rise relates to employment practices and employee control. But before embracing the future,
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Welcome to the MoFo Tech Blog

John Carlin Discusses the Latest Threats of Global Cyber Attacks on CBS's 60 Minutes

In a First, FinCEN Assesses Civil Money Penalty Against Peer-to-Peer Virtual Currency Exchanger

By: Marc-Alain Galeazzi

GDPR: What Happened To One-Stop-Shop Enforcement?

By: Lokke Moerel

SEC Issues Historic No-Action Letter and Releases Framework for “Investment Contract” Analysis of Digital Assets

By: Alfredo B. D. Silva and Dylan Kelsey Naughton

FSA Proposes Bill to Amend Japanese Laws Regulating Cryptocurrency-Related Businesses

By: Seth M. Graham

FRAND Case Law in Europe After Huawei v. ZTE

FCA Guidance on UK Crypto-Assets Regulation

CFIUS’s Axe to Grind: China’s Kunlun Reportedly Forced to Divest Grindr Amid Concerns Over Sensitive Personal Data

By: Charles L. Capito and Alex Iftimie

FTC Releases 2018 Privacy and Data Security Update Report

By: Julie O'Neill

Employment Practices and Future Technologies - Taking the Human Out of Human Resources