Announcements

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.

January 24, 2019 - European Union, Telecommunications
Time to Hit Pause: Copyright Infringement on User Generated Platforms – When Is the Platform Provider Liable for Damages?
By: Kristina Ehle and Stephan Kreß
Content uploaded on to the Internet by users (e.g., music, videos, literature, photos, streaming of live events such as gaming and concerts – so-called “user-generated content”) has spawned a series of legal cases in Europe. In 2019, decisions of the European Court of Justice (CJEU)
... ›
January 22, 2019 - Privacy + Data Security
C’est It Ain’t So: French DPA Issues Google Largest GDPR Fine to Date
By: Alex van der Wolk
The Commission nationale de l’informatique et des libertés (CNIL), France’s data protection authority (DPA), has levied a €50 million fine against Google for allegedly violating the GDPR’s transparency, information, and consent requirements in deploying targeted advertisements. The fine—the largest fine under GDPR to date and
... ›
January 16, 2019 - Privacy + Data Security, Mergers + Acquisitions
Key M&A Trends for 2019
By: Michael G. O'Bryan, Lauren C. Bellerjeau, Anthony J. Carbone, Patrick D. Huard, Mike Krigbaum and Bernie J. Pistillo
Despite increasing political tensions and evolving trade policies, the U.S. M&A market in 2018 enjoyed its second-best total deal value ever, according to Mergermarket. Activity through the first three quarters appeared poised for a new record, before slowing in the final quarter as stock
... ›
January 10, 2019 - Privacy + Data Security
DOJ Indictment Alleges Theft of Hundreds of Gigabytes of Corporate and Government Data in Attacks Targeting Managed Service Providers
In a new stunning example of the scale and sophistication of online cybercrime, just before the holidays, DOJ charged two hackers with stealing hundreds of gigabytes of data—including sensitive intellectual property, confidential business data, and personal information from companies and government agencies around the world—as part
... ›
January 09, 2019 - Privacy + Data Security, European Union
Attention EU-U.S. Privacy Shield Participants: What You Need to Do to Get Ready for the UK Withdrawal from the EU
By: Cynthia J. Rich
All Privacy Shield participants should be prepared — possibly as soon as March 30, 2019 — to update their Privacy Shield commitments in order to receive personal data from the UK in reliance on the EU-U.S. Privacy Shield Framework The timing of this required
... ›
January 08, 2019 - Intellectual Property, Software
A New Year's Gift for Patent Applicants?
By: Jonathan Bockman, Christopher Gloria and Karen G Potter Ph.D.
The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty acquiring patents under the Office’s procedures for determining patent subject matter eligibility under 35 U.S.C. § 101. Supreme Court decisions regarding
... ›
December 18, 2018 - European Union, Telecommunications
Hot off the press: The European Electronic Communications Code
By: Andreas Grünwald and Christoph Nüßing
Yesterday, after a legislative procedure lasting more than two years, the European Union has finally published its new “European Electronic Communications Code” (EECC). It provides updated rules for providers of traditional mobile and fixed telecoms services, establishes regulations for new online communications services and
... ›
December 14, 2018 - Financings
Agencies Issue Further Guidance Regarding Emerging Approaches to BSA/AML Compliance
By: Barbara R. Mendelson and Marc-Alain Galeazzi
On December 3, 2018, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Financial Crimes Enforcement Network, National Credit Union Administration, and Office of the Comptroller of the Currency (collectively, the “Agencies”) issued a joint statement regarding “innovative approaches” to
... ›
December 06, 2018 - Litigation, Cloud Services + SaaS
Don’t Snooze on Potential New Sales Tax Collection Obligations
By: Rebecca M. Balinskas
Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via the Internet or other technological means thus
... ›
December 04, 2018 - Intellectual Property, European Union
IP Protection Post-Brexit: A Right-by-Right Analysis
By: Alistair Maughan, Wolfgang Schönig, Sana Ashcroft and Robert Grohmann
The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”). With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal agreement that sets out the terms of the UK's
... ›