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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.

May 23, 2017 - Artificial Intelligence
A Simple Case of Statutory Interpretation: The FAA Lacks Authority to Require Model Aircraft Operators to Register
On May 19, 2017, a federal appellate court struck down part of the FAA’s attempt to safely monitor and integrate small unmanned aerial systems (sUAS) into the national airspace. The D.C. Circuit found that the FAA’s Registration Rule, which was promulgated in December 2015
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May 01, 2017 - Cloud Services + SaaS
Clashing With Second Circuit, Court Orders Google to Turn Over Foreign-Stored Data
Based on an April 2017 opinion by a federal district court in California, storing user communications abroad is not a failsafe way to avoid U.S. law enforcement requests for user data. The Northern District of California issued the opinion in response to Google’s motion
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April 10, 2017 - Artificial Intelligence
FAA Announces First-Ever Drone-Specific Airspace Restrictions
The Federal Aviation Administration (FAA) announced that, as of April 14, 2017, the restrictions that apply to drone flights near populated areas and airports will also apply to drone flights near 133 military facilities. The first airspace restrictions to apply specifically and solely to
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April 04, 2017 - Privacy + Data Security
Biometric Information as Personal Information In A Brave New World of Regulatory Compliance
By: Marian A. Waldmann Agarwal
As computing power and technology have improved, a new way to identify individuals by their innate physical, or “biometric,” information has entered the market and appears on the cusp of becoming more widely adopted. A core question is: what biometric information needs to be
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April 02, 2017 - Intellectual Property, Financings
The Most Common Intellectual Property Mistakes of Startups
By: Timothy J. Harris
According to Tim Harris, a partner in Morrison & Foerster’s Emerging Companies + Venture Capital Group, many startups open themselves up to intellectual property disputes by failing to: Secure title to the IP upon which their startups are based; Obtain valid invention assignment agreements
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March 24, 2017 - Privacy + Data Security
Can Border Agents Search Your Phone?
By: Miriam H. Wugmeister and J. Alexander Lawrence
There have been numerous reports from individuals entering the U.S. of border agents searching their phones and laptop computers. Many of those individuals are U.S. citizens. Although these events have been in the news recently and appear to be on the rise, this practice
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March 23, 2017 - Privacy + Data Security
New York Cybersecurity Regulations: What Do They Mean, and When Do They Mean It By?
By: Nathan D. Taylor
The New York State Department of Financial Services (NYDFS) has released guidance for covered financial institutions regarding its cybersecurity rule (the “Cybersecurity Rule” or “Rule”) that took effect on March 1, 2017. While the guidance appears intended to assist covered financial institutions time approaches
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March 20, 2017 - Litigation, Fintech
Court Finds CFPB Case Against Payment Processor Lacking
A federal district court in North Dakota on March 17, 2017, dismissed a complaint against the payment processing company Intercept Corporation and its senior executives, holding that the evidence provided by the Consumer Financial Protection Bureau (CFPB) did not show any signs of Intercept’s
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March 20, 2017 - Blockchain
Delaware Paves the Way for the Use of Blockchain Technology
By: Spencer D. Klein
In March 2017, the Corporate Counsel of the Corporation Law Section of the Delaware State Bar Association introduced a 43-page draft bill that would amend the Delaware General Corporation Law (DGCL) to, among other things, facilitate Delaware corporations’ use of blockchain technology to keep
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March 11, 2017 - Litigation
House Passes Bill Proposing Sweeping Changes to Class Action Litigation
By: Claudia M. Vetesi
The House of Representatives has passed legislation – called The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) to fundamentally change all stages of class action litigation. For example, the provisions require stricter “typicality” requirements for class members, the
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