October 16, 2019 - Regulatory

Foreign Investment 2020: CFIUS Spotlight on “TID” U.S. Businesses

FIRRMA directed the U.S. Department of the Treasury (“Treasury”), as the chair of CFIUS, to issue regulations that, among other things, address national security concerns arising from foreign investment in U.S. businesses with critical technologies, critical infrastructure, and personal data (referred to in the …›

September 24, 2019 - Regulatory

Uncharted Territory: U.S. Antitrust Enforcement in the Technology Sector

Antitrust scrutiny of technology companies in the United States has reached an unprecedented level of intensity. In the last several months alone, (1) the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) each announced major investigations into digital platforms; …›

September 12, 2019 - Regulatory, Telecommunications

Challenges of a Mobile Workforce

Gone are the days that employees work from only one location from 9:00 a.m. to 5:00 p.m. With employees traveling throughout the U.S., and in many instances, having some employees telecommuting, a company must be diligent. These mobile employees can give rise to potential …›

AI Patent Policy – Calling All Technology Practitioners

Artificial intelligence (AI) has become one of the most disruptive technologies of our era. For many technology companies and startups, AI constitutes the core of their prized products, from autonomous vehicles to pick-and-place robots to voice assistants. With the rapid development of AI comes …›

July 15, 2019 - Blockchain, Fintech, Regulatory

First Token Offering Qualified by the SEC Under Regulation A

On July 10, 2019, Blockstack Token LLC (“Blockstack”), a wholly-owned subsidiary of Blockstack PBC, a Delaware public benefit corporation, became the first company to have an offering of digital assets qualified by the U.S. Securities and Exchange Commission (“SEC”) under Regulation A. Blockstack is a …›

Commerce Issues Narrow License for Certain Transactions with Huawei

The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general license exempting a set of transactions from the Entity List designation of Huawei Technologies Co., Ltd. (“Huawei”) and its affiliates worldwide, which was effective May 16, 2019. The …›

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies” that BIS was tasked to identify under the Export Control Reform …›

October 15, 2018 - Regulatory

New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States (“CFIUS”). Many of FIRRMA’s most significant changes were not …›