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.

Social

Search

testimage.jpg

MoFo Tech

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.

llewellyn_scott_blog_150x150.png

llewellyn_scott_common_640x280.jpg

llewellyn_scott_heroretina_2700x1160.jpg

llewellyn_scott_mobileretina_750x1040.jpg

llewellyn_scott_social_600x600.jpg

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

favicon.ico

favicon-16x16.png

favicon-32x32.png

apple-touch-icon.png

MoFo Favicons

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.

Mofo Tech testimage

Announcements

Welcome to the MoFo Tech Blog

Blog - Blog Disclaimer

Blog - Terms of Use

Blog - Privacy Policy

Blog - Attorney Advertising

morrison-foerster-blog-logo.png

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

Class Dismissed Blog

Class Dismissed

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

Government Contract Insights Blog

Government Contract Insights

Government Contracts Insights Blog

Govcon

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

  External-Link

MoFo + Blog

MoFo+ Together

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.

MoFo Tech

  Linkedin

MoFo LinkedIN

MoFo Tech Blog - RSS

Stay Connected

At the Intersection of Technology, Law, and Business

At the Intersection of Technology, Law, and Business

Morrison Foerster - Footer

Blogs -  Home Button

Home

Blog - Topics

Telecommunications

Artificial Intelligence

Asia

Cloud Services + SaaS

European Union

Financings

Fintech

Hardware

Intellectual Property

Internet of Things

Litigation

Mergers + Acquisitions

Privacy + Data Security

Regulatory

Software

Tech Talks

Topics

Blog - Editors

Editors

Blog - About

About

Blog - Subscribe

Subscribe

More

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

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

Navigating Inventorship in the Era of AI-Assisted Drug Discovery

AI as applied to manufacturing will continue to trend upward, along with associated product liability concerns. Manufacturers will continue to seek out and implement solutions that integrate tools that use AI (including machine learning) to automate the manufacturing floor. Vendors of these tools may seek to require human oversight of their implementation, as well as engagement by the manufacturer in decision-making relating to use of such tools. As these tools are deployed, expect to see increasing attention focused on the potential safety and product liability issues that could arise from such automation, both in terms of safety of the manufacturing plant itself and the products manufactured in the plant.This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

sharron_stephanie_blog_150x150.png

sharron_stephanie_common_640x280.jpg

sharron_stephanie_heroretina_2700x1160.jpg

sharron_stephanie_mobileretina_750x1040.jpg

sharron_stephanie_social_600x600.jpg

Stephanie assists companies with technology and life sciences transactions, representing both private and public companies, from emerging growth through the Fortune 50. In particular, Stephanie focuses on helping companies that leverage data through technology in structuring their business and commercial transactions.

Stephanie Sharron

Stephanie Sharron is partner in the Palo Alto office and a member of the firm’s Technology Transactions Group. Clients turn to Ms. Sharron for advice on how to leverage data through technology and the related issues that apply to their business models in light of the rapid changes in business, technology and law.

Stephanie Lynn Sharron

mofo-tech-blog-image-purplebluehall.jpg

AI Trends for 2023 - AI in Automated Manufacturing

AI Trends For 2022 - Augmented Reality and Digital Twin Technology

mofo-tech-blog-image-purplebluehall

AI as applied to manufacturing will continue to trend upward, along with associated product liability concerns. Manufacturers will continue to seek out and implement solutions that integrate tools that use AI (including machine learning) to automate the manufacturing floor. 

AI Trends for 2023 - AI in Automated Manufacturing

Improvements in AI’s image modeling and natural language processing capabilities have opened up new opportunities for content creators in business and artistic fields. Specialized AI models are being used by marketing teams to generate content like blogs, social media posts, emails, advertisements, and other consumer-facing content. AI tools are also being used to process individualized customer data to create personalized content that is more likely to be read and shared by a target audience. Creative professionals are also using AI as a tool to create visual and literary art, such as writing poetry and generating artworks with specified subjects and styles. While human involvement is still needed for many aspects of AI-based content creation, such as inputting prompts and editing AI-generated works, more intelligent models are continuing to chip away at the need for human involvement.As the use of generative AI becomes more widespread, more and more fields will begin to employ AI tools for content creation. With even smarter and more efficient AI models on the horizon, we can expect these trends to continue in 2023.﻿This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

yuan_anna_blog_150x150.png

yuan_anna_common_640x280.jpg

yuan_anna_heroretina_2700x1160.jpg

yuan_anna_mobileretina_750x1040.jpg

yuan_anna_social_600x600.jpg

Of Counsel

Anna Yuan’s practice focuses on patent prosecution, IP due diligence, post-grant proceedings, and IP litigation support. 

Anna Yuan

mofo-tech-blog-image-2.jpg

AI Trends for 2023 ‒ Generative AI Continues to Make Content Creation Easier

mofo-tech-blog-image-2

Improvements in AI’s image modeling and natural language processing capabilities have opened up new opportunities for content creators in business and artistic fields. Specialized AI models are being used by marketing teams to generate content like blogs, social media posts, emails, advertisements, and other consumer-facing content. 

AI Trends for 2023 ‒ Generative AI Continues to Make Content Creation Easier

From improving genomic sequencing to discovering new drug formulations, AI plays a key role in advancing biomedical research. In particular, the field of bioinformatics, which involves the collection and interpretation of biological data using software tools, is undergoing a period of rapid transformation and growth due to innovative uses of AI. Recent AI-related developments in bioinformatics include the determination of 3D shapes of proteins, the identification of disease-specific biomarkers, and the modification of existing drugs to create COVID-19 therapeutics. This upward trend will continue throughout 2023 and beyond as AI is increasingly adopted by major biomedical research groups and biotech companies. This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

201217-game-growth-tech-transactions.jpg

AI Trends for 2023 - Bioinformatics

The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint

201217-game-growth-tech-transactions

From improving genomic sequencing to discovering new drug formulations, AI plays a key role in advancing biomedical research. In particular, the field of bioinformatics, which involves the collection and interpretation of biological data using software tools, is undergoing a period of rapid transformation and growth due to innovative uses of AI. 

AI Trends for 2023 - Bioinformatics

The EU is ramping up strict and tort product liability for faulty AI and software. The current revision of the Product Liability Directive 85/374/EEC includes AI, software, and even digital services in the IoT space in the scope of “products” that fall under strict product liability. The revision expands the scope of potentially liable parties to include certain fulfillment service providers and online marketplaces. The revised Product Liability Directive will allow consumers to seek compensation from non-EU manufacturers’ representatives. Alarmingly, the draft removes the liability cap for strict liability that currently applies. The revision includes some procedural changes: It introduces a form of discovery, whereby liable companies will be required to disclose evidence that a claimant will need to prove their case in court. Furthermore, there is a shift in the burden of proof where the claimant may, due to high technical and scientific complexity, only be required to demonstrate a likelihood that the damage was caused by the product. The parallel draft of an AI Liability Directive aims at applying the same standards (in particular the shift in the burden of proof) to product liability under national tort laws.This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

DocuSign, Inc

enercity AG

SoftBank Vision Fund

TDK and its subsidiary EPCOS

Tele Columbus

United Internet/1&1

ehle-kristina-blogheadshot.jpg

ehle_kristina_common_640x280.jpg

ehle_kristina_heroretina_2700x1160.jpg

ehle_kristina_mobileretina_750x1040.jpg

ehle_kristina_social_600x600.jpg

Kristina has more than 20 years of experience advising clients across many industries, including the software, internet, mobility, media, and consumer electronics industries, with a particular focus o

Kristina Ehle

Kristina Ehle has more than 20 years of experience advising clients across many industries, including the software, internet, mobility, media, and consumer electronics industries, with a particular focus on technology-driven and IP-heavy transactions.

kress_stephan_blog_150x150.png

kress_stephan_common_640x280.jpg

kress_stephan_heroretina_2700x1160.jpg

kress_stephan_mobileretina_750x1040.jpg

kress_stephan_social_600x600.jpg

Counsel

Stephan is counsel at Morrison Foerster’s German office in Berlin. He focuses on advising major German and international clients with regard to drafting and negotiating complex technology-related agreements and on matters concerning cloud computing, software, e/m-commerce, digital media, intellectual property rights, consumer rights, electronic communication, big data and cyber security requirements.

Stephan Kreß

Stephan is counsel at Morrison Foerster’s German office in Berlin. As a member of the technology transactions group, he focuses on advising major German and international clients with regard to drafting and negotiating complex technology-related agreements and on matters concerning cloud computing, software, e/m-commerce, digital media, intellectual property rights, consumer rights, electronic communication, big data and cyber security requirements.

mofo-tech-blog-image-1.jpg

AI Trends for 2023 - Increasing Product Liability for AI and Software in the EU

In the Public Eye: USPTO Issues Report on AI

mofo-tech-blog-image-1

The EU is ramping up strict and tort product liability for faulty AI and software. The current revision of the Product Liability Directive 85/374/EEC includes AI, software, and even digital services in the IoT space in the scope of “products” that fall under strict product liability. The revision expands the scope of potentially liable parties to include certain fulfillment service providers and online marketplaces. The revised Product Liability Directive will allow consumers to seek compensation from non-EU manufacturers’ representatives

AI Trends for 2023 - Increasing Product Liability for AI and Software in the EU

While the AI industry has continued to attract venture capital and produce exits in 2022, headwinds in the venture capital and broader capital markets have, as compared to 2021, resulted in a decrease in the number of venture capital financings and exits, as well as a decrease in the total amount raised by AI companies in such financings and achieved by AI companies in such exits. According to PitchBook, AI companies have raised only $59.3 billion year-to-date through Q3 2022 across 4,554 financings, representing a 13.1% decrease year over year, although the industry appears to be poised to exceed the total deal value and deal count numbers set in 2020 ($65 billion raised across 5,543 financing transactions). By contrast, in 2021, AI companies raised $118.9 billion across 7,078 financings.CBInsights reports similar trends on the financing side of the marketplace, with only $8.3 billion invested in AI companies in Q3 2022, the lowest quarterly amount raised since Q3 2020 and a 31% drop from Q2 2022 (mirroring a general trend in the venture industry), including a 39% quarter-over-quarter drop in mega-round funding and a 59% drop in Silicon Valley AI funding.With respect to exits (buyouts, acquisitions and public offerings), PitchBook reports that, in contrast to exits in 2021 which totaled nearly $250 billion, AI company exits through Q3 2022 total less than $50 billion, with only $1.9 billion in disclosed value in Q3 2022, down from $15 billion in Q2 2022. Increased costs in capital across the marketplace, as well as significant challenges in the IPO marketplace, have contributed to making both financings and exits more challenging for AI companies and technology companies in general, a trend that is expected to continue through the remainder of Q4 2022 and into 2023. This post is a part of a series on trends in the artificial intelligence space for 2023, authored by MoFo lawyers.

krenn_jim_blog_150x150.png

krenn_jim_common_640x280.jpg

krenn_jim_heroretina_2700x1160.jpg

krenn_jim_mobileretina_750x1040.jpg

krenn_jim_social_600x600.jpg

Co-Chair of Emerging Companies + Venture Capital Practice

Jim has extensive experience representing private and public companies and investors in significant business transactions from formation through liquidity. His practice focuses on mergers and acquisitions, venture capital financings, and emerging company counseling. His clients span a broad range of industries, with a concentration in life science and technology companies.

Jim Krenn

dixon_andrew_blog_150x150.png

dixon_andrew_common_640x280.jpg

dixon_andrew_heroretina_2700x1160.jpg

dixon_andrew_mobileretina_750x1040.jpg

dixon_andrew_social_600x600.jpg

Andrew Dixon is a corporate Of Counsel in the firm's San Diego office.

Andrew P Dixon

Andrew Dixon

mofo-tech-blog-image-clearglobe.jpg

AI Trends for 2023 - AI Industry Faces Continued Headwinds In 2023

AI Trends For 2022 - Export Control/CFIUS

mofo-tech-blog-image-clearglobe

While the AI industry has continued to attract venture capital and produce exits in 2022, headwinds in the venture capital and broader capital markets have, as compared to 2021, resulted in a decrease in the number of venture capital financings and exits, as well as a decrease in the total amount raised by AI companies in such financings and achieved by AI companies in such exits. 


AI Trends for 2023 - AI Industry Faces Continued Headwinds In 2023

On October 3, 2022, the United States Supreme Court granted certiorari in Gonzalez v. Google LLC, No. 21-1333, to address the scope of Section 230 of the Communications Decency Act. The Court will consider whether Section 230(c)(1) immunizes website operators and other online service providers when they use algorithms to recommend content to users, specifically terrorism-related videos posted on YouTube by other users of the video-sharing service.  Section 230(c)(1) is famously concise, having been referred to as the “the twenty-six words that created the internet.” It says simply “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” Since its passage over 25 years ago, courts across the country have often construed the law to provide broad immunity to online service providers that host user-generated content. Section 230 has facilitated the growth of the modern interactive Web, by protecting companies that host user-generated content from potential liability. But the law has come under intense scrutiny in recent years, with both courts and legislatures chipping away at this important safe harbor.Read our <a href="https://www.mofo.com/resources/insights/221007supreme-court-to-address-section-230-for-first-time">client alert.</a>

Platform Liability

Commercial Litigation and Intellectual Property

International Arbitration

Bankruptcy Litigation

lawrence_j_blog_150x150.png

lawrence_j_common_640x280.jpg

lawrence_j_heroretina_2700x1160.jpg

lawrence_j_mobileretina_750x1040.jpg

lawrence_j_social_600x600.jpg

Alex advises on all aspects of complex commercial litigation in federal and state trial and appellate courts and in arbitration. He has represented U.S. and international clients in actions involving 

J. Lawrence

J. Alexander Lawrence

rubin_aaron_blog_150x150.png

rubin_aaron_common_640x280.jpg

rubin_aaron_heroretina_2700x1160.jpg

rubin_aaron_mobileretina_750x1040.jpg

rubin_aaron_social_600x600.jpg

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.