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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.

November 09, 2018 - Financings, Fintech, Mergers + Acquisitions
First SEC Enforcement Action Against Unregistered Digital Token Exchange
By: 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 charges against
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November 07, 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
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November 01, 2018 - Privacy + Data Security
John Carlin Authors Dawn of the Code War
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
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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”; additional
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October 29, 2018 - Privacy + Data Security
FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices
By: Erin M. Bosman and Julie Y. Park
FDA is tackling cybersecurity threats head-on and expects industry to do the same. Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices. Industry should take note, as these developments
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October 23, 2018 - European Union, Telecommunications
Digital Single Market Update: Technology Standardization in the EU
By: Wolfgang Schönig and Alistair Maughan
ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market initiative, the European Commission has been working on common ICT standards that would ensure the interoperability
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October 17, 2018 - Mergers + Acquisitions
You’re Invited: 451 Research’s Tech M&A Summit
By: Patrick D. Huard
Be Morrison & Foerster’s guest at 451 Research’s Tech M&A Summit, an event that promises to help potential participants in the machine-learning acquisitions frenzy to navigate this emerging technology trend. Fueled by a motivation to unlock the value of big data, machine-learning companies are
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October 16, 2018 - Privacy + Data Security, Litigation
Lloyd v Google – English High Court Blocks Collective Data Breach Claim
By: Annabel Gillham and Gemma Anderson
Last week, the English High Court limited the availability of collective actions for data breaches to identifiable individuals who have suffered specific and discernible damage. In Richard Lloyd v Google LLC , the Court refused to allow a representative action alleging breach by Google of
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October 15, 2018 - Regulatory
New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions
By: Robert S. Litt and Charles L. Capito
The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States (“CFIUS”). Many of FIRRMA’s most significant changes were not
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October 10, 2018 - Artificial Intelligence
U.S. DOT Revamps Federal Guidance on Automated Vehicle Development and Rollout
By: Erin M. Bosman
Updating and building on guidance issued one year ago, the U.S. Department of Transportation published a new federal guidance document entitled Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”). AV 3.0, released on October 4, 2018, incorporates extensive stakeholder feedback to
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