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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Subject Matter Eligibility of AI Medical Treatments

Bipartisan Coalition Of State AGs Oppose Ten-Year AI Regulation Ban

Data Privacy at the Crossroads of AI and Life Sciences: U.S. and EU Perspectives

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

AI Transparency in Healthcare: Navigating a Changing Regulatory Landscape

LinkedIN

Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with statutory youth protection requirements. The decision is effective immediately, although it will most likely be challenged in court. If it prevails, it puts video-sharing platforms, distributors of gaming content, and online media services at risk of being held accountable for not properly protecting minors from potentially harmful content. For the affected providers, this is particularly challenging because it will be hard, if not impossible, to implement alternative youth protection tools that will meet the redefined regulatory standards.Our alert provides the legal background for the decision and discusses its implications in more detail. It is relevant to all online service providers that target German users.Read our <a href="https://protect-us.mimecast.com/s/4yOVCJ67z1U3YM4Wuz3hjP">client alert</a>.

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Managing Partner, Berlin

Andreas is managing partner of Morrison & Foerster’s German office in Berlin and a member of the firm’s worldwide board of directors. He heads the German antitrust and regulatory practice from our Ber

Andreas Grünwald

Andreas Grünwald is a partner in the Global Antitrust Law Practice Group, and head of Morrison & Foerster’s German antitrust practice. He covers a wide range of antitrust and regulatory matters, with a particular focus on the telecommunications, media and technology (TMT) sector. Based in our Berlin and Brussels offices, Mr. Grünwald provides antitrust advice on M&A strategy, represents public and private corporations in merger control proceedings before the German Federal Cartel Office and the European Commission, and he has notable experience in coordinating multi-jurisdictional merger filings involving European, U.S., and Asian authorities. He also advises on other transactional matters such as sector-specific permit requirements as they often arise in regulated industries.

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Counsel

Christoph advises national and international clients on a broad range of regulatory questions and has particular industry-specific experience in the areas of technology, media, and telecommunication.


Christoph Nüßing

Christoph Nüßing is a senior associate at Morrison Foerster’s German office in Berlin. He advises German and international clients on a broad range of regulatory questions and has particular industry-specific experience in the areas of technology, media and telecommunication.

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Youth Protection in Germany: Online Age Checks and Daytime Blackouts Ahead?

Don’t Get Caught by the Phisherman’s Hook This Tax Season

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Last week, German regulators decided to no longer accept the widely used “JusProg” software as a sufficient means for online service providers to comply with st

Youth Protection in Germany: Online Age Checks and Daytime Blackouts Ahead?

European Union

Germany is about to pass a new law that will officially allow e-scooters on public roads. The new law, adopted today, will give people more choices for transportation and allow for modern, green and clean mobility in cities. To date, e-scooters have been forbidden on public roads in Germany, including sidewalks and bike lanes. This will change with the new law, potentially allowing for the influx of e-scooter rentals seen in other major markets. Germany’s new law will allow “small electrical vehicles” (Elektrokleinstfahrzeuge – SEVs) on public roads. SEVs are light weight vehicles with electric motors, such as e-scooters. Until now, it has been forbidden to use such vehicles on public roads in Germany. Only certain self-balancing mobility aids, e.g., Segways, benefited from a general exemption under the Mobility Aid Regulation. Furthermore, the Federal State of Bavaria has already permitted e-scooters for use in certain cities.Read our <a href="https://protect-us.mimecast.com/s/3cVGCyPJ7zfqQOxVhQgIrJ">client alert</a>.

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Senior Associate

Theresa is a senior associate at Morrison & Foerster’s German office in Berlin and a member of our litigation practice group. She advises clients in a range of industries, including technology, media 

Theresa Oehm

Theresa Oehm is a senior associate at Morrison & Foerster’s German office in Berlin and a member of the firm's antitrust practice group and TMT regulatory team. She advises clients in the technology, media and telecommunications sector on all aspects of antitrust law and regulatory law.

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Big News for Small Mobility: Germany Opens up to E-Scooters

USDOT Issues New Policy on Development and Deployment of Automated Vehicle Technologies

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Germany is about to pass a new law that will officially allow e-scooters on public roads. The new law, adopted today, will give people more choices for transpor

Big News for Small Mobility: Germany Opens up to E-Scooters

Artificial Intelligence

Read Lokke Moerel’s article on the NYU Blog Compliance & Enforcement on the impact of the decision of the French data protection against Google refusing to apply the GDPR’s “one-stop-shop” enforcement mechanism. Find out more <a href="https://wp.nyu.edu/compliance_enforcement/2019/04/15/gdpr-what-happened-to-one-stop-shop-enforcement/">here</a>.

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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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GDPR: What Happened To One-Stop-Shop Enforcement?

California Supreme Court Clarifies Standards for Whistleblower Claims Under California Labor Code Section 1102.5

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Read Lokke Moerel’s article on the NYU Blog Compliance & Enforcement on the impact of the decision of the French data protection against Google refusing to appl

GDPR: What Happened To One-Stop-Shop Enforcement?

Privacy + Data Security

On July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE.  In its decision, the ECJ provided fundamental guidance for the licensing and enforcement of standard essential patents (SEPs) that are subject to a FRAND licensing commitment (i.e., a commitment by the patent owner to license those patents on fair, reasonable, and nondiscriminatory terms). While Huawei and ZTE have settled the patent dispute that gave rise to the ECJ’s judgment, the decision left it to courts in Germany and other European countries to apply and refine the general principles laid out by the ECJ. The case law on what is known as the “FRAND defense” in injunction proceedings is evolving and remains unsettled in important areas. Since our last update (see First German Decisions Applying the ECJ’s Huawei v. ZTE Framework on Injunctions for Standard Essential Patents), there have been several important decisions in Germany, the United Kingdom, and elsewhere that have applied and interpreted the Huawei v. ZTE guidelines.Read our <a href="https://protect-us.mimecast.com/s/o418C9rLGjHJlRB9h3_oxk">client alert</a>.

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FRAND Case Law in Europe After Huawei v. ZTE

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods

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On July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE.  In its decision, the ECJ provided fundamental guidance fo

FRAND Case Law in Europe After Huawei v. ZTE

Intellectual Property

The United Kingdom’s Financial Conduct Authority published draft guidance on the circumstances in which crypto-assets will fall within its regulatory perimeter and has invited comments and feedback on the draft guidance by 5 April 2019.  In particular, it explains how it divides crypto-tokens into the categories of security tokens (which will usually be regulated), exchange tokens, such as crypto-currencies (which will usually not be regulated by the FCA), and utility tokens (which will usually not be regulated by the FCA) and how it determines into which category a particular crypto-asset falls.This alert will be of particular interest to all stakeholders in the blockchain and crypto-assets sector who are undertaking UK-linked activities or targeting UK investors.Read our <a href="https://protect-us.mimecast.com/s/rUmqCR65kXUwYny8tPHLFv">client alert</a>.

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FCA Guidance on UK Crypto-Assets Regulation

A Rush to Patent the Blockchain Is a Sign of the Technology’s Promise

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The United Kingdom’s Financial Conduct Authority published draft guidance on the circumstances in which crypto-assets will fall within its regulatory perimeter 

FCA Guidance on UK Crypto-Assets Regulation

Regulatory

Financings

Fintech

One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePrivacy reform is still being worked on by EU lawmakers, one of the items the ePrivacy Regulation is expected to update is the use of “cookie walls.” Recently, the Austrian and UK data protection authorities (DPAs) issued enforcement actions involving the use of cookie walls, albeit with different findings and conclusions.Read our <a href="https://protect-us.mimecast.com/s/HrQECL950GH0kl13hPNqYk">client alert</a>.

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Managing Partner, Amsterdam and Brussels

Alex van der Wolk, co-chair of Morrison Foerster’s preeminent Global Privacy & Data Security practice and managing partner of the firm’s Amsterdam and Brussels offices, 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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Of Counsel

Mercedes Samavi is an associate based in the London office of Morrison & Foerster and a member of both the Technology Transactions Group and the Global Privacy Group.
Mercedes advises domestic and int

Mercedes Samavi

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The Cookie Wall Must Go Up. Or Not?

Court Allows Microsoft to Challenge Secrecy of User Data Requests

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One of the next big items in Europe will be the expansion of “ePrivacy,” (which, among other things, regulates the use of cookies on websites). While the ePriva

The Cookie Wall Must Go Up. Or Not?

The EU regulators’ recent report on the second annual review of the EU-US Privacy Shield provides some valuable compliance reminders for organizations that have certified or intend to certify to the Privacy Shield program. The report, which mainly focuses on the EU regulators’ ongoing concerns about the US government’s access to personal data and their desire to see more substantive certification reviews by the US government, details oversight efforts currently being undertaken by the Department of Commerce (Commerce) and the Federal Trade Commission (FTC). As the report makes clear, both Commerce and the FTC have significantly increased their oversight and enforcement of the Privacy Shield program. The report provides a useful roadmap for organizations to avoid getting caught in the US government’s enforcement crosshairs. Read our <a href="https://protect-us.mimecast.com/s/oQEACNk5XGUq3nA2UjfMMn">client alert</a>.

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Senior Privacy Advisor

Cynthia Rich is a senior advisor in the Washington office of Morrison & Foerster LLP. As a member of the firm's international Privacy and Data Security Practice since 2001, Ms. Rich works with clients

Cynthia J. Rich

Cynthia Rich

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Privacy Shield-Certified Organizations: Key Takeaways from the Privacy Shield Annual Review

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The EU regulators’ recent report on the second annual review of the EU-US Privacy Shield provides some valuable compliance reminders for organizations that have

Privacy Shield-Certified Organizations: Key Takeaways from the Privacy Shield Annual Review

Content uploaded on to the Internet by users (e.g., music, videos, literature, photos, streaming of live events such as gaming and concerts – so-called “user-generated content”) has spawned a series of legal cases in Europe. In 2019, decisions of the European Court of Justice (CJEU) are expected to clarify one of the key open issues in EU copyright law: the extent to which online platforms such as YouTube can be liable for copyright infringement caused by user-generated content. The CJEU decisions are eagerly awaited by both media and copyright owners and by online platform operators – and will mark yet another stage in the on-going battle of the creative industries against copyright infringements in the online world.  CJEU is expected to provide clearer guidelines on key issues such as:<ul><li>to what extent can providers of online services engage with the user content hosted by them;</li><li>which activities will trigger a liability for copyright infringement irrespective of actual knowledge of a specific infringement;</li><li>whether they must actively monitor the content uploaded by users for copyright infringements (e.g., by using state-of-the-art efficient filter technologies) to avoid damage claims by rightsholders.</li></ul>To find out more about these cases read our <a href="https://protect-us.mimecast.com/s/gDfyCwpR2xSEOmx1H99W_j">client alert</a>.

DocuSign, Inc

enercity AG

SoftBank Vision Fund

TDK and its subsidiary EPCOS

Tele Columbus

United Internet/1&1

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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.