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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.

June 14, 2018 - Privacy + Data Security, European Union
Why controllers are accountable for automatic decision making under the GDPR
By: Lokke Moerel and Marijn Storm
The GDPR explicitly requires controllers to inform individuals of decisions made about them by automated or artificially intelligent algorithmic systems. The controller must inform the individual up front about the existence of the decision making activity, as well as provide information about its underlying
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June 12, 2018 - Financings, Fintech
Cashing in on a New Customer Base
In this article, Jake M. Robson and Nick Davies highlight how joint ventures or strategic M&A can often be the most effective way to roll out and scale up a fintech product offering in multiple jurisdictions in southeast Asia. The article was first published
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May 30, 2018 - European Union
European Commission Presents Digital Tax Package
By: Jens-Uwe Hinder and Jenny Broekmann-Friese
On March 21, 2018, the European Commission proposed new rules for the taxation of digital activities and digital business models in the EU (‘digital tax package’). If these rules are implemented, numerous European and non-European companies would have to pay a 3% tax on
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May 23, 2018 - Regulatory
Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical Technologies”
Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation (known as “FIRRMA,” for the Foreign Investment Risk Review Modernization Act of 2018)
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May 21, 2018 - Artificial Intelligence, European Union
The EU’s Strategy for AI Investment
By: Alistair Maughan and Sana Ashcroft
The European Union has laid out a strategy to promote the growth of Artificial Intelligence technology in Europe. As so often with EU initiatives, the initiatives designed to implement the strategy are long on vision but short on specific practical changes. EU-based entities will
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May 14, 2018 - Privacy + Data Security, Litigation
California’s GDPR? The 2018 California Consumer Privacy Act
By: Purvi G. Patel
While companies are focusing on compliance with the EU’s General Data Protection Regulation (GDPR) requirements, Californians will likely be given the option on the November 6, 2018 ballot to impose a sweeping, GDPR-like privacy regime that also deserves attention. If approved by voters in
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May 08, 2018 - Mergers + Acquisitions
After Broadcom/Qualcomm: Where Does Cross-Border M&A Go Now?
By: Robert S. Litt
The Trump administration’s recent blocking of Broadcom’s proposed $117 billion takeover bid of Qualcomm on the basis of national security concerns has created an atmosphere of increased uncertainty for future cross-border M&A deals. Morrison & Foerster’s Robert Townsend, co-chair of the Global M&A Group,
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May 08, 2018 - Telecommunications
New Rules for the European Telecoms Sector: The European Electronic Communications Code
By: Andreas Grünwald and Christoph Nüßing
The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technological and market changes. And, not only has the outdated regime failed to help the European telecoms sector to overcome the fragmentation
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May 07, 2018 - Financings
A Startup Lawyer’s Guide to the 6 Top Things a Founder Should do Before Raising Venture Capital
By: John M. Rafferty
An attorney who counsels hundreds of startups every year, Emerging Companies + Venture Capital partner John Rafferty says going into the VC-capital-raising process unprepared is a mistake startups should be sure to avoid. He believes no startup should embark on that process without first
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May 02, 2018 - Litigation, Intellectual Property
Turn On, Tune In, and Drop Out? BREXETING UK Signs up for the UPC, Whilst Germany Is Lingering to Ratify
By: Wolfgang Schönig and Robert Grohmann
The Unified Patent Court (“UPC”) will be a Court common to 25 Member States of the European Union (“EU”) (currently including the UK) and thus be part of their judicial system. The Court will have exclusive jurisdiction over traditional European patents (a bundle of
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