Now more than ever, technology is influencing the way we do business, communicate, move through and around the world, access and manage our homes, receive and administer healthcare, make purchases, secure information, and protect our most valuable property. Morrison Foerster keeps pace with this rapidly evolving landscape across our internationally recognized corporate, finance, intellectual property, and litigation practices. MoFo Tech brings together our insights relating to fields such as blockchain and distributed ledger, cloud and as-a-service technologies, driverless cars, drones, fintech, computer hardware and software, the Internet of Things, semiconductors, and telecommunications. The MoFo Tech blog offers real-time, in-depth analyses of the trends and complex issues shaping the global technology industry.<h2>ABOUT MORRISON FOERSTER</h2>Morrison Foerster is a leading global law firm that transforms complexity into advantage for its clients. Our clients include some of the largest financial institutions, banks, consulting and accounting firms, and Fortune 100, technology, and life sciences companies. Highlighting the firm’s commitment to client service, leadership in market-changing deals and impact litigation, and values-based culture, Morrison Foerster has been repeatedly recognized as one of the top 10 firms on The American Lawyer’s A-List. Year after year, the firm receives significant recognition from Chambers and The Legal 500 across their various guides, including Global, USA, Asia‑Pacific, Europe, UK, Latin America, and FinTech Legal. Our lawyers passionately care about delivering legal excellence while living our values. Morrison Foerster has a long-standing commitment to creating a culture that respects and celebrates differences, while providing an inclusive environment. The firm has achieved Mansfield Certification Plus since 2018 as a result of successfully reaching at least 30 percent women, communities of color, and LGBTQ+ lawyer representation in a notable number of current leadership roles and committees. The firm also has a long history of commitment to the community and society through providing pro bono legal services, including litigating for civil rights and civil liberties, improving public education and fostering the wellbeing of children, advocating for veterans, promoting international human rights, enforcing the right to asylum, and safeguarding the environment.

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Scott Llewellyn’s practice focuses on complex litigation in federal and state courts around the country, with an emphasis on patent and trade secret disputes. Over the past decade, he has worked on some of the most significant, high–profile IP cases involving technology for televisions, smartphones, and self–driving cars, relying on 40 years of experience with computer hardware and software. Scott also has significant experience with business divorce cases before courts and arbitrators, involving a mix of trade secret, patent, tort, and contract claims relating to technology development and implementation.Scott also has successfully tried general commercial arbitration and agency matters, briefed and argued various appeals in federal appellate court, and tried more than 20 cases for the Denver City Attorney’s office, most of them jury trials.Scott also has an active pro bono practice, having worked on a variety of criminal and immigration appeals, and having represented Colorado criminal defense and mental health organizations in high–profile suits against the state of Colorado for violations of the constitutional rights of defendants.At MoFo, Scott serves on the board of the Morrison & Foerster Foundation. In the broader legal community, he serves on the boards of the Colorado Lawyers Committee and Drop in the Bucket (a charity that builds wells and sanitation systems in sub–Saharan Africa).After law school, Scott clerked for the Honorable Clarence A. Brimmer, District of Wyoming, and the Honorable Diarmuid F. O’Scannlain, Ninth Circuit. He was also previously an adjunct professor at the Georgetown University Law Center.

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Scott Llewellyn’s practice involves complex litigation before state and federal courts around the country, with an emphasis on patent and trade secret disputes for high-tech companies, to which he brings more than 35 years of experience with computer hardware and software, in particular relating to the processing and transmission of audio, video, voice, and other types of data. Mr. Llewellyn has also tried commercial arbitration and agency matters; briefed and argued various appeals in federal appellate court; and tried more than 20 cases for the Denver city attorney’s office, most of them jury trials.

Scott F. Llewellyn

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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.

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Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

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In-depth analysis of developments and trends impacting government contracting.

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News and thought leadership from lawyers who are adding value to the legal profession and the communities we call home.

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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.

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At the Intersection of Technology, Law, and Business

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AI Transparency in Healthcare: Navigating a Changing Regulatory Landscape

Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

Japan’s Approach to AI Regulation in 2025

Federal Circuit Clarifies Requirements for Prior Art Under Pre-AIA 35 U.S.C. § 102(e)

AI Agent as a Service in Medtech - Key Considerations for Commercial Contracts

The extent and stringency of the legal requirements that the U.S. government should impose on companies that produce internet-connected products will be the subject of a public hearing that Consumer Product Safety Commission (CPSC) is holding on May 16, 2018.Informed by data from regulators, standards organizations, and business and consumer advocates, the hearing will explore Internet of Things (IoT) devices’ potential to cause physical harm as a result of the way they exist at the point of purchase or after they’ve been corrupted as a result of being “connected to a network through malicious, incorrect, or careless changes to operational code.” Find out which hot-button issues the CSPC has decided to exclude from the hearing’s discussions. Read MoFo’s litigation department’s <a href="https://classdismissed.mofo.com/consumer-products/cpsc-will-sharpen-its-focus-on-iot-in-upcoming-public-hearing-about-internet-connected-devices/">blog post</a>.

Fertility Center Litigation

Fitbit

MicroPort

Leading Healthcare, Pharmaceutical, and Medical Device Company

Lethal Injection Matters – Major Pharmaceutical Company

Pain Pump Matters – Large Pharmaceutical Company

Major Technology Company

Leading Chemical Company

Security Device Company

In re Air Crash Near Peixoto de Azevedo, Brazil

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Co-Chair, Litigation Department

Erin Bosman is the global co-chair of Morrison Foerster’s litigation department. Erin is also the founder and co-head of the Artificial Intelligence group and former chair of the Complex Litigation + Advisement practice group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin M. Bosman

Erin Bosman is the Global Co-Chair of Morrison Foerster’s Litigation Department. Erin is also the founder and co-head of the Artificial Intelligence Group and former chair of the Complex Litigation + Advisement Practice Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin Bosman

An orthopedic implant company

A children&rsquo;s monthly subscription service product

A fertility company

A major technology company

A smart fitness equipment company

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Julie Park provides analytic and strategic counsel for issues in product life cycle, product liability and defective products, consumer class actions, and more.

Julie Park

Julie Park | Product Liability Lawyer

Julie Park protects her clients’ products no matter what kind of product issue they face—whether it is planning for new product development, recalling an existing product, or defending clients against product liability or consumer class actions. Drawing on her deep technical and legal expertise, Julie counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption while also managing complex and multijurisdictional litigation both in state and federal court.

Julie Y. Park

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CPSC Will Sharpen Its Focus on IoT in Upcoming Public Hearing About Internet-Connected Devices

The Unblinking Eye: Employee Monitoring in the IoT Era

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The extent and stringency of the legal requirements that the U.S. government should impose on companies that produce internet-connected products will be the sub

CPSC Will Sharpen Its Focus on IoT in Upcoming Public Hearing About Internet-Connected Devices

May the U.S. government compel a company operating in the United States to produce data that it stores outside the country? A new law called the CLOUD Act makes clear that, in the case of legal process served under the Stored Communications Act (SCA), the answer is yes. But the SCA does not apply to all types of businesses or all types of data.Learn when the SCA does apply, as well other specifics like when a company served with a subpoena under the SCA may file a petition to quash that subpoena and how the United States’ Executive Agreement with a foreign government’s might affect a U.S. company subject to that foreign government’s jurisdiction.

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Of Counsel

Bob Litt, former General Counsel for the Director of National Intelligence, is of counsel and co-chair of Morrison & Foerster’s Global Risk and Crisis Management group. He advises industry-leading org

Robert S. Litt

Robert Litt

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David A. Newman draws upon his experience as a senior White House and U.S. Department of Justice (DOJ) attorney and his extensive background in government regulation and national security.

David A. Newman draws upon his experience as a senior White House and U.S. Department of Justice (DOJ) attorney and his extensive background in government regulation and national security to guide cli

David A. Newman

David A. Newman draws upon his experience as a senior White House and U.S. Department of Justice (DOJ) attorney and his extensive background in government regulation and national security to guide clients through sensitive matters pertaining to national security and global risk and crisis management.

David Newman

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CLOUD Act: New Legislation Will Overhaul U.S. Laws for Obtaining Data Stored Overseas

Google Ordered to Comply with Warrant for Foreign-Stored User Data

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May the U.S. government compel a company operating in the United States to produce data that it stores outside the country? A new law called the CLOUD Act makes

CLOUD Act: New Legislation Will Overhaul U.S. Laws for Obtaining Data Stored Overseas

With over $8.8B raised via Initial Coin Offerings (ICOs) since 2014, and over 1,200 tokens in circulation with a combined market capitalization of over $300B, it’s not surprising that ICOs are an increasingly popular fundraising tool. In this post, we discuss eight key items to consider before staging an ICO.1. Security v. Utility. Tokens are not a homogeneous asset class –– they may feature characteristics of securities, commodities, currency units, or a combination thereof. As a result, the legal analysis relating to a particular token may involve multiple regulatory regimes. Irrespective of whether a token has a consumptive purpose and may be characterized as a “utility token” by its issuer, the SEC repeatedly stated that “Whether or not a particular transaction involves the offer and sale of a security—regardless of the terminology used—will depend on the facts and circumstances, including the economic realities of the transaction,” and confirmed that ICOs would be analyzed under the facts-and-circumstances test outlined in SEC v. W.J. Howey Co.2. The Howey Test. The U.S. Supreme Court in Howey developed a four-pronged test for evaluating whether a particular instrument constitutes an “investment contract.” An instrument is an “investment contract” under the Howey test where there exists: (a) an investment of money; (b) in a common enterprise; (c) with an expectation of profits; and (d) to be derived solely from the efforts of others.It is worth noting that the concept of “investment contract” embodies a flexible principle that is capable of adaptation to meet the countless and variable constructs developed by contractual arrangements over time.3. U.S. Federal Securities Laws. The Securities Act requires that securities be offered and sold only (i) if registered with the SEC or (ii) in transactions exempt from, or not subject to, registration under the Securities Act. Several ICOs have been conducted in reliance on Rule 506(c) or Tier 2 of Regulation A+.  Each exemption features characteristics and imposes certain limitations on an ICO; therefore issuers should take care in determining which exemption is best suited for their needs. For a summary comparison of the main features of these two exempt offering alternatives, see “Do You Want to Launch an ICO? Please, Listen to the SEC” (February 8, 2018).4. The Regulators are Watching. The level of attention paid to ICOs at the SEC has dramatically increased in the last six months, as reflected by a number of enforcement actions and guidance provided to market participants. Conducting an ICO within the United States without complying with the U.S. federal securities laws or relying on an applicable exemption could expose an issuer to rescission rights and a variety of remedies in enforcement actions brought by the SEC (including disgorgement of any profits, and civil and criminal penalties).5. Timeline. Depending on the securities offering exemption chosen by an issuer and a variety of other factors that are unique to each transaction, the timeline to conduct an ICO may range from 4-8 weeks for an ICO conducted in reliance on Rule 506(c), to about 12-16 weeks for an ICO conducted in reliance on Tier 2 of Regulation A+. 6. The White Paper. The process for undertaking an ICO typically originates with the preparation of a whitepaper. Drafting a whitepaper is, in and of itself, a time consuming endeavor.  The question of what exactly should be included in a whitepaper merits a separate discussion, but generally speaking a well-developed white paper should include, at a minimum (a) a thorough description of a problem, (b) a detailed explanation of how the blockchain project is expected to provide a solution, (c) a technical description of the architecture (mathematical formulas and computer code), (d) development plans, (e) use of funds, (f) tokens economics, (g) information on the team, including (ideally) their experience with blockchain and crypto assets, (h) risk factors, and (i) legal notices.7. Online Presence. Assuming general solicitation and advertisement are permitted, the vast majority of marketing for ICOs takes place online, via website landing pages and social media profiles. For this reason, it is important to establish and maintain a uniform online presence from a project’s inception. Securing the domain name for a website and building cohesive profiles on multiple social media platforms is critical, as these are the nodes through which potential investors and members of the blockchain community will stay abreast of the project’s progress.  In addition, a consistent name across all media platforms will reduce the risk of imposters deceiving investors into sending their investments to their wallets rather than to the issuer’s wallet. On a similar note, it is important to engage with community channels and forums (i.e., BitcoinTalk, Discord, Slack, Telegram, etc.).8. Token Generation. Choosing a blockchain platform is a topic that deserves its own discussion, but for purposes of this blog, it is worth noting that depending on the complexity of the programming capabilities required for a given token, many ICOs have taken place on the Ethereum network using ERC20 tokens, or on the Stellar network. A special thanks to corporate paralegal Camille Houle for her contributions to this post.