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

Despite the coronavirus pandemic, the process of implementing Brexit continues. One of the key Brexit issues for the tech sector is the extent to which the UK w

Blogs -  Home Button

Home

Blog - Topics

Telecommunications

Artificial Intelligence

Asia

Blockchain

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

Digital Compliance in Europe: Regulatory Alignment Post-Brexit

Digital Compliance in Europe: Regulatory Alignment Post-Brexit | MoFo Tech

Alistair Maughan

Mercedes Samavi

Despite the coronavirus pandemic, the process of implementing Brexit continues. One of the key Brexit issues for the tech sector is the extent to which the UK will either align or diverge its digital regulations with the EU.Both the UK and EU have set out their intentions for their post-Brexit relationship in matters relating to technology, digital, and telecoms issues. There are signs that both the UK and EU will seek early alignment in key tech/digital compliance areas: is this a sign of things to come?The UK government recently published its <a href="https://www.gov.uk/government/publications/our-approach-to-the-future-relationship-with-the-eu">draft working text</a> for a comprehensive free trade agreement between the UK and the EU (the “draft text”). As we explain below, the draft text covers (1) digital trade, recognising the importance of adopting frameworks that promote consumer confidence in digital services, (2) telecoms, and (3) audiovisual services. Intriguingly, the draft text aims to maintain regulatory alignment between the UK and the EU, insofar as possible, which could be a sign of the extent to which the UK plans to align with the EU (rather than forge its own path), both in these three areas and elsewhere, once the Brexit transition period is over.Digital Trade Net neutrality is a key feature in the draft text. In particular, the UK draft text sets out that both the UK and EU should “maintain or adopt appropriate measures to ensure that end-users in their territory are able to: (a)           access, distribute, and use services and applications of their choice available on the Internet, subject to reasonable, clear, transparent and non-discriminatory network management; (b)           connect devices of their choice to the Internet, provided that such devices do not harm the network; and (c)           have access to information on the network management practices of their Internet access service supplier”.The UK has already implemented the <a href="https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32015R2120">Open Internet Access Regulations</a> and plans to retain it as part of its domestic legislation post-Brexit. These regulations safeguard equal and non-discriminatory treatment of traffic in the provision of internet access services and protection of consumers’ rights. Critically, the regulations restrict the paid prioritisation of internet traffic and discrimination or interference by internet providers (i.e., blocking or slowing down internet).It is rare to see free trade agreements cover net neutrality as an area for discussion, but it appears in both the draft text and the European Commission’s draft agreement. Although the UK and EU negotiations are still ongoing, these provisions are an auspicious signal that the UK and EU plan to stay aligned on certain digital regulatory matters.TelecomsAs with digital services, the EU and UK appear keen to preserve the status quo for telecom services. The provisions of the draft text (which line up with the Commission’s draft agreement) seek to:<ul><li>ensure independence and powers of UK and EU telecom regulators;</li><li>minimise unnecessary formalities;</li><li>enable bilateral access to each other’s public telecoms networks and service and essential facilities; and</li><li>prevent anti-competitive practices. </li></ul>The prospective management of international mobile telecoms roaming between the EU and UK is a grey area, however. For now, EU regulations limit wholesale fees for roaming and prevent higher charges being passed to consumers. At the end of the transition period, EU mobile operators may be able to charge UK operators (and therefore UK consumers) a higher rate for roaming services. The draft text proposes to solve this by requiring that, within three years of entry into a trade agreement, the UK and EU should come back to the table to assess whether there is a need to regulate mobile roaming between the UK and EU.Audiovisual ServicesThis is one topic where the EU and UK could cease to be in step with each other. Currently, under the Audiovisual Media Services Directive, a broadcaster in the EU has to obtain a licence and comply with regulatory standards in only one EU member state; this then allows that broadcaster to offer its services in the other EU member states without any additional requirements (this is known as the “country of origin principle”). At the end of the transition period, a broadcaster that wants to broadcast to the EU but is licensed in the UK will no longer benefit from the country of origin principle. The draft text does not seek to negotiate a provision to mirror the country of origin principle, which could leave broadcasters having to seek dual licences for both the EU and the UK.

More

Of Counsel

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

LinkedIN