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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.

October 13, 2020 - Artificial Intelligence + Robotics
In the Public Eye: USPTO Issues Report on AI
By: Tessa J. Schwartz
The USPTO recently released the report “Public Views on Artificial Intelligence and Intellectual Property Policy”. The report is part of the USPTO’s effort to engage with the innovation community and experts on AI and to promote innovation of AI through appropriate intellectual property incentives.
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September 16, 2020 - Blockchain
Understanding Blockchain - Blockchain and Securities Law - Part 7
In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss cryptocurrencies, if they are commodities, and if it is possible they're also securities. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how
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September 09, 2020 - Blockchain
Understanding Blockchain - Blockchain and Securities Law - Part 6
In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss the limits on the transferability of cryptocurrencies. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how companies can use it to share,
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September 03, 2020 - Blockchain
Understanding Blockchain - Blockchain and Securities Law - Part 5
In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss how to determine whether "utility tokens" are securities or not. This ongoing series is dedicated to providing an overall understanding of blockchain technology and how companies can use
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August 20, 2020 - Privacy + Data Security, Asia
Japan: Privacy Updates on Handling Personal Information in the “Digital Market”
By: Yukihiro Terazawa
This alert summarizes several legislative updates related to the handling of personal information in the so-called “digital market,” including: The amendment to the Personal Information Protection Act; New guidelines by the Japan Fair Trade Commission, which address businesses operating digital platforms; and The enactment
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August 17, 2020 - Blockchain, Financings, Fintech
Bitcoin Is “Money” for Purposes of D.C. Money Transmission Law, Says Federal Court
A recent federal district court ruling in a criminal anti-money laundering case suggests that the transmission of virtual currency on behalf of another person requires a state money transmission license — even if the state’s money transmission law does not expressly address the regulation
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July 29, 2020 - European Union
Determining Liability For Illegal Uploads to Online Platforms: An ECJ Opinion Decides in Favour of Platform Operators
By: Alistair Maughan and Mercedes Samavi
Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that, under the current EU legal regime, operators should not be directly
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July 16, 2020 - Privacy + Data Security, European Union
The Ruling on SCCs and Privacy Shield May Not Be As Straightforward As It Seems
By: Miriam H. Wugmeister and Alex van der Wolk
Today, the Court of Justice of the European Union (“Court”) issued its judgement in the Schrems II ‑case. The case relates to the validity of certain transfer mechanisms to legitimize international sharing of personal information from the EU to outside the EU. In short, the
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July 16, 2020 - Tech Talks
The New P2B Regulation Is Out – Here’s What Your Business Needs to Know
By: Alistair Maughan and Mercedes Samavi
From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and transparency. Platform use terms may need
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July 07, 2020 - Blockchain, Fintech
Summer of Crypto – NYDFS Announces New Initiatives and Regulatory Proposals for Conditional BitLicense and Virtual Currency Regulation
On June 24, 2020, the New York State Department of Financial Services (“NYDFS”) announced a series of initiatives designed to provide further guidance and resources for businesses operating in, and potential new entrants into, the virtual currency industry. The initiatives represent the first major
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