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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Partner

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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Current State of the AI VC Financing Market

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

MoFo Tech Law Summit – Responsible Tech: Policy Becomes Practice

AI Dynamics: Regulatory Landscape and Industry Insights

Introducing the MoFo Tech Law Summit – Innovation Under Regulation

The UK Financial Conduct Authority (FCA) has warned cryptoasset firms marketing to UK consumers (including from overseas) to start preparing now to comply with the UK financial promotions regime, which is soon to be expanded to cover most unregulated cryptoassets. HM Treasury (HMT) has also published a policy statement on its approach to regulating cryptoasset financial promotions, in which it has announced that cryptoasset firms which are registered under the Money Laundering Regulations 2017 will be able to communicate their own financial promotions under a planned new exemption. Here, we summarise what firms need to know about the recent announcements. Read our <a href="https://www.mofo.com/resources/insights/230215-cryptoasset-firms-marketing" target="_blank">client alert.</a>

Cryptoasset Firms Marketing to UK Consumers Warned to Begin Preparing for Financial Promotions Regime Now

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Of Counsel

Chloe advises clients on contentious regulatory and white collar crime matters, including internal and external investigations, enforcement proceedings, and related litigation. She has experience advi

Chloe Kearns

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Cryptoasset Firms Marketing to UK Consumers Warned to Begin Preparing for Financial Promotions Regime Now

Why Should Your Startup Care About Intellectual Property?

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The UK Financial Conduct Authority (FCA) has warned cryptoasset firms marketing to UK consumers (including from overseas) to start preparing now to comply with the UK financial promotions regime

The digital revolution transforms business models and presents new privacy issues and ethical dilemmas. Companies deploying AI are often worried about legal compliance. Whether new AI applications are embraced by regulators, society, and customers (and therefore actually generate revenue) depends on ethical considerations rather than legal compliance. Especially for large established companies, it is a challenge to both drastically innovate in order to remain future-proof and at the same time take social responsibility. Those companies that learn to do both well will be more productive and more innovative. The session will address questions, such as:<ul><li>What are the ethical rules in play?</li><li>What are new ethical dilemmas?</li></ul>​​​​​​We will discuss ethical dilemmas encountered in practice when developing and implementing AI tooling:<ul><li>Distribution (optimization)</li><li>In retail (loyalty programs)</li><li>HR recruiting tools</li><li>Fraud prevention tooling</li><li>Financial services</li></ul>Thursday, April 13, 20238:00 am - 9:00 am PDT11:00 am - 12:00 am EDT4:00 pm - 5:00 pm BST5:00 pm - 6:00 pm CEST<a href="https://www.veracast.com/webcasts/mofo/mcle-programs/respai.cfm" target="_blank">Register</a>

Webinar - Responsible AI – Ethical Dilemma Training

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Managing Partner, Brussels

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Privacy & Data Security practice and managing partner of the firm’s Brussels office, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management. 

With more than a decade of experience, Mr. van der Wolk helps clients develop privacy strategies for digital transformations, industrial IoT, telematics, Big Data, commercial and marketing programs, a

Alex van der Wolk

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Privacy & Data Security practice and managing partner of the firm’s Brussels office, employs his nearly 20 years of experience to advise global companies on their most complex data strategies and compliance programs governing all aspects of information management.

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Senior Of Counsel

Among the world’s best-known privacy and cybersecurity advisers, Lokke Moerel is regularly called upon by some of the most sophisticated multinational organizations to confront their global privacy and ethical challenges. Lokke routinely offers guidance to clients when implementing new technologies and digital business models and assists them with their global cybersecurity incident response and regulatory investigations.

Lokke Moerel

Lokke Moerel is among the world’s best-known privacy lawyers. She advises companies on their global information handling governance, strategy, and compliance. “An authority on data protection matters” (Chambers 2014), Lokke is consistently ranked as a leader in data protection law in Chambers Global and Legal 500. She is also professor of global ICT law at Tilburg University, member of the Cyber Security Council of the Netherlands, the advisory body of the Dutch cabinet, and member of the Board of Trustees of WWF International.What do you like best about your work? I enjoy thinking about the data privacy issues and ethical dilemma’s presented by the new technologies, and helping companies decide on how to tune them and implement on a global basis, in an emerging regulatory environment.What do you enjoy doing in your free time? Travel with my husband and three children, the modern arts, but most of all, a good book!What individual most inspired you, and why? In my former EU-based firm, there were no female role- models (I was the first female partner with children) and partners step out at age 55. After moving to MoFo, I met women years older than me and fully at the forefront of their field. What an inspiration! I still have a whole career in front of me.

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Webinar - Responsible AI – Ethical Dilemma Training

AI Trends For 2022 - Export Control/CFIUS

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The digital revolution transforms business models and presents new privacy issues and ethical dilemmas. Companies deploying AI are often worried about legal compliance

Heather Whitney, Evangeline Phang, Tessa Schwartz, and Aaron Rubin authored an article for Law360 covering whether the outputs of generative artificial intelligence tools are copyrightable."It may benefit companies that are using and improving AI technology to continuously identify and track the contributions by the company's own personnel to demonstrate a high degree of control, intention and creative influence over outputs, as well as revising the company's end user terms of service and third-party courts to include appropriate terms allocating ownership and other rights to AI-generated outputs," the authors wrote.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt6ef0f12eed0d4089/63e2e79814a2b44fa11dfc33/230203-outputs-ai-models-copyrightable.pdf" target="_blank">full article</a>.

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Associate

Evangeline Phang is an associate in the Technology Transactions Group of Morrison & Foerster’s San Francisco Office.
Her practice focuses on transactional matters involving intellectual property and t

Evangeline Phang

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Tessa J. Schwartz, partner, has extensive experience in complex intellectual property and technology law, copyright law, and patent litigation.

Tessa Schwartz

Tessa Schwartz has an active practice counseling companies on intellectual property and technology transactions issues, and negotiating complex intellectual property and commercial agreements.

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Aaron is the chair of the firm’s Technology Transactions Group and co-chair of the Interactive + Digital Media Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals.

Aaron Rubin

Aaron is the chair of our Technology Transactions Group. He advises clients on a wide range of complex transactions involving intellectual property and technology, including structuring and negotiating strategic licensing, development, collaboration, procurement, and distribution deals. Aaron’s practice focuses on advising both established and emerging companies in a variety of data– and technology–intensive sectors, including software, SaaS, cloud computing, AR/VR, AI, gaming, healthcare, consumer electronics, social media, e–commerce, other online business models, and mobile applications. He also maintains an active practice counseling companies on the intellectual property aspects of mergers, acquisitions, asset spin–offs, and private equity investments.

Aaron P. Rubin

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Are Outputs of AI Models Copyrightable?

In the Public Eye: USPTO Issues Report on AI

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Heather Whitney, Evangeline Phang, Tessa Schwartz, and Aaron Rubin authored an article for Law360 covering whether the outputs of generative artificial intelligence tools are copyrightable.

Are Outputs of AI Models Copyrightable?

Technology is known for solving some of the world’s most complex problems, especially through automation and AI. However, when the right guardrails are not in place, ethical issues arise, such as malfunctioning tools, data or algorithms that exclude certain persons, intrusive technologies that violate human rights, and technologies that compromise safety.Ethical technology, which forms part of a company’s overall ESG strategy, requires companies and entities deploying technology to carefully consider and monitor it, scrutinizing for quality, equity, and safety in the creation, deployment, and post-deployment stages. This will help monitor externalities from technology use and mitigate or remediate risk where necessary.Stakeholders, such as regulators, are leading the charge with regulations and policies on specific issue areas, such as the Additional Federal Guidance on AI risk management, the EU AI Act and other U.S. state-specific regulations. To complement stakeholder efforts, we are supporting companies and developers in preemptively addressing ethical issues in technology deployment as part of their ESG framework, and we expect to see more responsible governance and guardrails set by companies and developers to preempt, prevent, and mitigate technological risks from development to post-deployment stages.This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

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Susan (Suz) Mac Cormac, San Francisco partner, has extensive experience in corporate law, ESG, social enterprise and impact investing, and venture capital.

Susan H. Mac Cormac

Susan H. Mac Cormac | Corporate + ESG Attorney

Susan (“Suz”) co-chairs the ESG + Sustainability and Social Enterprise + Impact Investing practices. Her work focuses on advising innovative sustainable companies and investors, with particular expertise on ensuring investments have positive impact through use of new corporate forms, hybrids, alternative debt and equity instruments and disclosure.

Susan Mac Cormac

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AI Trends for 2023 - Ethical Technology as Part of Environmental, Social, and Governance (ESG) Framework

AI Trends For 2022 - Augmented Reality and Digital Twin Technology

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Technology is known for solving some of the world’s most complex problems, especially through automation and AI. However, when the right guardrails are not in place, ethical issues arise, such as malfunctioning tools, data or algorithms that exclude certain persons, intrusive technologies that violate human rights, and technologies that compromise safety.

AI Trends for 2023 - Ethical Technology as Part of Environmental, Social, and Governance (ESG) Framework

During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda.In 2022, the UK government published an AI Regulation Policy Paper and AI Action Plan confirming that it intends to diverge from the EU’s regulatory regime. And the UK also made proposals on one key aspect of AI: the treatment of intellectual property rights. In both cases, the UK appears to be taking an approach that favors innovation over regulation.In 2023, the UK is likely to introduce a new copyright and database right exception that will permit text and data mining (TDM) for any purpose. IP rights-holders will not be able to opt-out of the right but will still have safeguards to protect their content, primarily a requirement that content subject to TDM must be lawfully accessed. So rights-holders will be able to choose the platforms where they make their works available, including charging for access. They will also be able to take appropriate steps to ensure the integrity and security of their systems.It’s intended that the exception will speed up the TDM process, which is often a precursor to the development of AI, and will help to make the UK more competitive as a location for AI developers. Previously, the TDM exception only applied to non-commercial purposes.On the other hand, the UK government axed other AI-related proposals. The UK has no plans to change the law regarding IP in computer-generated works. This means that works which do not have a human author will retain their copyright protection, a unique position in Europe. The government will keep the law under review and could amend, replace, or remove protection in future if the evidence supports it.There will also be no change to UK patent law protection for AI-devised inventions. In response to a UK government consultation, most respondents agreed that changes to the law on inventorship should be harmonized internationally and not implemented piecemeal. The counterview is that the patentability rules ought to change to take account of the increasing contribution of AI in the R&D process and that, when AI technology reaches a stage where it can genuinely “invent,” any inventions devised by AI should be patentable.Although there will be no imminent policy change in the UK, during 2023 the UK Supreme Court is likely to consider a test case on the issue of patentability of AI-derived inventions.This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

Autodesk

HM Revenue and Customs

Home Office, Department for Communities and Local Government, Department of Health

Intel

ITworx

lastminute.com

NYSE-listed health tech company

One of UK's largest public EV charging networks

Phoenix Group

Telenor

UK Border Agency

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Alistair Maughan co-leads Morrison & Foerster's European Technology & Commercial Practice.

Alistair Maughan

Alistair advises on the deployment of new technology platforms involving, for example, the internet of things, AI and machine-learning, and blockchain and distributed ledger technology.

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AI Trends for 2023 - UK Targets Innovation Not Regulation for AI Sector

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During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda.

AI Trends for 2023 - UK Targets Innovation Not Regulation for AI Sector

While the Court of Appeals for the Federal Circuit made clear this year that only humans can be inventors and that an AI program itself cannot obtain a patent (see our prior coverage of <a href="https://www.mofo.com/resources/insights/220809-federal-circuit-agrees-with-the-uspto" target="_self">Thaler v. Vidal </a>), this in no way means that AI-assisted inventions are not patentable. While the output of an AI program may not be innovative (often it is not novel, for example), the means by which that output can be generated may be. Expect to see more cases that address these issues in the coming year. And, of course, trade secret and copyright protection remain available if the right steps are taken to preserve such rights for all sorts of AI-assisted products and services.﻿ This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

AI Trends for 2023 - IP Protection for AI-Assisted Technology

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Stephanie Lynn Sharron