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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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

At the Intersection of Technology, Law, and Business

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Strengthened AI Oversight in the Netherlands

Transforming Tomorrow: The Rise of AI in the Workplace

Current State of the AI VC Financing Market

The Bad Guys Have AI, Too

MoFo Tech Law Summit – Tech and Antitrust: Policy Shifts in the Second Trump Administration

The European Court of Justice (ECJ) issued the Filmspeler judgement on April 26, 2017, favorable to the media industry, on the liability of sellers of set-top boxes with pre-installed add-ons enabling illegal access to motion pictures, Pay-TV, and SvoD platforms (“loaded Kodi boxes”).  This decision creates a tool against emerging forms of piracy via injunctive relief and damages that are now available from individual end users as well as companies selling loaded Kodi boxes. Liability of Sellers (No Hiding Anymore)Article 3 of the Copyright Directive provides that an act constituting a “communication to the public” of protected work requires authorization by the copyright owner. In consideration of ECJ’s broad definition of the term, the court found that the sale of the Filmspeler media player also represented an infringing act of “communication to the public”Liability of End Users (A Grey Area Turning Black)The Filmspeler judgment clarifies that even the mere act of temporary reproduction on a multimedia player violates copyright law. ConsequencesFor the media industry, the decision strengthens the rights of holders in the fight against piracy who can now take action against sellers of fully loaded Kodi boxes, as well as against individual end users.

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Partner and Co-Chair Global Media

Christoph has more than 25 years of experience as an M&A and regulatory lawyer in the telecommunications, media, and technology industries. He focuses particularly on complex transactions and strategi

Christoph Wagner

Dr. Christoph Wagner is a partner in the Berlin office and Co-Chair of the firm’s global media group. Dr. Wagner is a leading TMT, M&A and regulatory lawyer, with a particular focus on transactions and on strategic regulatory advice in the media and communications industries.

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With her enthusiasm for technology-driven issues, Patricia Ernst has built a recognized practice at the interface of compliance and technology.

Patricia C. Ernst

Patricia Ernst is a partner in Morrison Foerster’s Berlin office and a member of our Corporate Department. She advises German and international clients on all aspects of intellectual property law with an emphasis on copyright and media law matters. Her practice focusses on film, media and entertainment.

Patricia Ernst

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ECJ Strengthens Position of Media Industry in Fight Against Piracy

ECJ Strengthens Position of Media Industry in Fight Against Piracy

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The European Court of Justice (ECJ) issued the Filmspeler judgement on April 26, 2017, favorable to the media industry, on the liability of sellers of set-top b

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 and subject to an expedited rulemaking process, directly conflicted with the FAA’s enabling statute, the FAA Modernization and Reform Act of 2012 (the “2012 Act”).Before the Registration Rule, model aircraft flown for hobby or recreation were not required to register. Despite conflicting with the 2012 Act, the FAA’s Registration Rule applied equally to both commercial and hobbyist operators.  The Registration Rule was therefore immediately challenged by model aircraft pilots.The D.C. Circuit’s decision was unequivocal: “Section 336 of the FAA Modernization and Reform Act prohibits the FAA from promulgating ‘any rule or regulation regarding a model aircraft.’”The FAA is considering its options; we believe it may be more fruitful for the FAA to seek assistance from Congress than to seek certiorari from the Supreme Court. In the meantime, model aircraft operators need not comply with the Registration Rule.

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A Simple Case of Statutory Interpretation: The FAA Lacks Authority to Require Model Aircraft Operators to Register

A Simple Case of Statutory Interpretation: The FAA Lacks Authority to Require Model Aircraft Operators to Register

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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 n

Based on an April 2017 <a target="_blank" href="https://dlbjbjzgnk95t.cloudfront.net/0915000/915244/https-ecf-cand-uscourts-gov-doc1-035115371508.pdf">opinion</a> 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 to quash a search warrant from the Department of Justice (DOJ). Citing the <a target="_blank" href="https://www.law.cornell.edu/uscode/text/18/2703">Stored Communications Act</a> (SCA), the warrant directed Google to produce stored content related to certain email accounts. Google withheld some of the data, arguing that it was stored overseas and therefore beyond the SCA’s reach. The federal district court rejected this reasoning and ordered Google to “produce all the content responsive to the search warrant that is retrievable from the United States, regardless of the data’s actual location.”Distinguishing the case at hand from the Second Circuit’s Microsoft opinion, which held that email stored outside the United States might be beyond the government’s reach, the California federal court held that Microsoft had been storing data in accordance with the user’s self-reported location in Ireland, whereas Google was moving data around the world based on efficiency-driven algorithms.

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Clashing With Second Circuit, Court Orders Google to Turn Over Foreign-Stored Data

Clashing With Second Circuit, Court Orders Google to Turn Over Foreign-Stored Data

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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

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 drones, these new rules will restrict drone flights within 400 feet of the lateral boundaries of the military facilities. Theoretically, failure to comply with them could result in criminal and civil penalties, but the Department of Justice has yet to prosecute a criminal action against a non-compliant drone operator.

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FAA Announces First-Ever Drone-Specific Airspace Restrictions

FAA Announces First-Ever Drone-Specific Airspace Restrictions

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The Federal Aviation Administration (FAA) announced that, as of April 14, 2017, the restrictions that apply to drone flights near populated areas and airports w

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 protected?Companies seeking to employ biometrics to expand product offerings or increase data security or authentication might be surprised at the restrictions that apply in the different jurisdictions where they operate. Here we review existing restrictions in the United States, Europe, Canada, and Asia to provide a sense of potential pitfalls presented by use of biometrics in the global marketplace.Any organization that is engaged in or considering the collection or use of biometric information, particularly for identification purposes, should:<ol dir="ltr"><li>Assess whether that information could be considered biometric;</li><li>Consider which laws may be applicable (some may have a broader reach than they appear to have);</li><li>Determine whether any privacy laws of general applicability or specific to biometric information may be applicable; and</li><li dir="ltr">Monitor developments in this area as the laws related to it are expanding.</li></ol>

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Marian Waldmann Agarwal is a partner in the Privacy + Data Security Group at Morrison Foerster. She also co-leads the firm’s Artificial Intelligence Group and is a member of the global Environmental, Social, and Governance (ESG) Steering Committee.

Marian Waldmann Agarwal

Marian A. Waldmann Agarwal

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Biometric Information as Personal Information In A Brave New World of Regulatory Compliance

Biometric Information as Personal Information In A Brave New World of Regulatory Compliance

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As computing power and technology have improved, a new way to identify individuals by their innate physical, or “biometric,” information has entered the market 

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:<ul><li>Secure title to the IP upon which their startups are based;</li><li>Obtain valid invention assignment agreements from employees and consultants who contribute to the startup; and</li><li>Follow clean licensing practices.</li></ul>Watch Tim’s explanation <a target="_blank" href="https://www.youtube.com/watch?v=__FXGxA44_4">here</a>.

Fever Labs, Inc. 

Serena & Lily, Inc. 

DeepIntent, Inc.

Onc.ai, Inc.

Blackbird Ventures

SoftBank Group and SoftBank Vision Fund

Atheer, Inc.

Zoox, Inc.

Aeva, Inc. (NYSE:  AEVA)

DBL Partners

Aventine Property Group, Inc.

Reflexion Medical, Inc. 

Gemini Frontier Fund 

Winklevoss Capital Fund 

GGV Capital 

Heila Technologies, Inc. 

PDF Solutions, Inc. (NASDAQ:  PDFS)

Artivest, Inc.

Treasure Data, Inc.

Sutter Hill Ventures

Trinity Ventures

Split Rock Partners, Orbimed Advisors and Prospect Venture Partners

Sequoia Capital

Khosla Ventures

Mitsui & Co. Global Investment, Inc.

Everi Holdings (formerly known as Global Cash Access) (NYSE: EVRI) 

FortuNet, Inc. (formerly Nasdaq: FNET) 

SHFL entertainment (formerly Nasdaq: SHFL)

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Tim is the Managing Partner of the Palo Alto Office and a partner in the Emerging Companies and Venture Capital Group. He specializes in representing startup companies and venture capital investors in corporate and securities matters.

Tim represents startup companies and investors in corporate and securities matters. In his company-side practice, he advises emerging growth companies from formation through acquisition or initial pub

Timothy Harris

Timothy J. Harris

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The Most Common Intellectual Property Mistakes of Startups

The Most Common Intellectual Property Mistakes of Startups

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According to Tim Harris, a partner in Morrison & Foerster’s Emerging Companies + Venture Capital Group, many startups open themselves up to intellectual propert

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 is not new. According to CNN, quoting a U.S. customs agency spokesman, border agents searched 4,444 cellphones and 320 other electronic devices in 2015. In 2016, searches of electronic devices at the U.S. borders rose to 23,877, according to the same source. In countries such as China and Russia, border agents have been searching phones and laptops for years, and many companies have developed policies to provide guidance to employees traveling to those countries. Companies are now struggling with how to advise and craft policies for employees traveling to and from the U.S. with electronic devices that may contain sensitive data.Bloomberg BNA Data Protection Report (Reprinted with Permission)

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Few lawyers in the world have Miriam Wugmeister’s breadth and understanding of privacy and data security laws, obligations, and practices. 

Miriam H. Wugmeister | Privacy and Data Security Lawyer

Few lawyers in the world have Miriam Wugmeister's breadth and understanding of privacy and data security laws, obligations, and practices. In the words of her clients, she is “extremely practical and phenomenally smart. Just about one of the best privacy advisers there is” (Chambers USA). Co-chair of Morrison & Foerster’s market-leading Global Privacy and Data Security Group and ranked among the top in the profession by all major directories, Ms. Wugmeister is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy challenges. “Tremendous at helping you come up with practical solutions to real problems” (Chambers USA), she develops cutting-edge solutions for clients that marry legal compliance with business realities.