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

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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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At the Intersection of Technology, Law, and Business

At the Intersection of Technology, Law, and Business

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Current State of the AI VC Financing Market

MoFo Tech Law Summit – Tech and Antitrust: Policy Shifts in the Second Trump Administration

MoFo Tech Law Summit – Responsible Tech: Policy Becomes Practice

AI Dynamics: Regulatory Landscape and Industry Insights

Introducing the MoFo Tech Law Summit – Innovation Under Regulation

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These days more and more companies are using virtual tokens to compensate and incentivize founders, directors, employees, and other service providers.For the most part, these token-based awards emulate traditional equity-based awards, but they differ from those awards in some important ways, particularly when it comes to restricted awards.Learn the consequences of compensating people with tokens, restricted tokens, token options, and restricted token units. Read Morrison & Foerster’s corporate and executive compensation law experts’ article in <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt6a0b9359559241cd/627317bf0d4d8e1d7f10f30e/180319-cryptocurrency-token-based-awards.pdf">Bloomberg Law</a>.

Marrone Bio Innovations' Acquisition by Bioceres Crop Solutions Corp

Temasek’s Joint Venture with Bayer

SoftBank Group and SoftBank Vision Fund’s Investment Transactions

Temasek's Investment in Verily Life Sciences and Agtech Space

Intel's Investment in Cloudera

Visa's Strategic Investments in the Fintech Space

Marrone Bio Innovations’ Public Offerings

Ekso Bionics Holdings, Inc.’s Stock and Warrant Financings

Temasek's Investment in Coherus, Inc.

Catalyst Biosciences, Inc. IPO/Reverse Merger and Public Offerings

RH's Public Offerings

InvenSense's Public Offerings

At-the-Market Programs

Marrone Bio Innovation’s Acquisition of Pro Farm and Jet-Ag

SoftBank's Acquisition of Sprint

Novellus' Merger with Lam Research

Shutterfly's Acquisition of Tiny Prints

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Alfredo Silva is a partner in the Transactions Department, co-chair of the firm's Social Enterprise and Impact Investing Group, and a member of the ESG Strategy Committee.

Alfredo B. D. Silva

Alfredo Silva is co-chair of the firms Social Enterprise + Impact Investing practice and member of the firm’s Pro Bono Committee. He represents public and private companies and investors in a broad range of corporate and securities law matters, as well as nonprofit organizations on entity formation, fiduciary issues, and structuring.

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Cryptocurrency Compensation: A Primer on Token-Based Awards

Do You Want to Launch an ICO? Please, Listen to the SEC

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These days more and more companies are using virtual tokens to compensate and incentivize founders, directors, employees, and other service providers.
For the m

Cryptocurrency Compensation: A Primer on Token-Based Awards

The combination of low levels of financial inclusion, a steadily growing GDP and high smart phone usage has resulted in the Philippines becoming a key market in Asia for venture capital and private equity investors, as well as strategic players looking for investment or product rollout opportunities in the FinTech sector. The Philippine government has recognized the important role FinTech plays in financial inclusion and economic development and has, over the last several years, pursued several regulatory and policy initiatives to help create a cash-light society.With a poor financial services infrastructure and only 28% of Filipinos having an account at a traditional bank, the FinTech sub-sectors which have seen the greatest levels of growth are electronic payments and lending.Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt4df4b029ce7d4906/62730caa23c6cf2a1c3af24f/180305-fintech-briefing-philippines.pdf">client alert</a>.

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E-Money and Electronic Payments: Foreign Investment in the Philippine Financial Technology Sector

Paying Employees in Cryptocurrency: Is That Lawful? 

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The combination of low levels of financial inclusion, a steadily growing GDP and high smart phone usage has resulted in the Philippines becoming a key market in

E-Money and Electronic Payments: Foreign Investment in the Philippine Financial Technology Sector

Subject to certain exceptions, the Commodity Exchange Act (CEA) makes it unlawful to enter into a transaction in any commodity with someone who meets the CEA’s definition of a “retail customer.” Nevertheless, many cryptocurrency platforms currently serve retail customers, relying on the CEA’s “actual delivery exemption.” But what does “actual delivery” really mean in the cryptocurrency context?The U.S. Commodity Futures Trading Commission (CFTC) issued a proposed interpretation of “actual delivery” in the cryptocurrency retail commodity transaction context. Learn the contents of that proposed legislation, why it matters to the cryptocurrency industry and the questions that arguably remain unexplored. Read Morrison & Foerster’s blockchain and capital markets experts’ article in <a href="https://www.crowdfundinsider.com/2018/02/128766-understanding-cftcs-proposed-interpretation-actual-delivery-cryptocurrency-retail-commodity-transactions/">Crowdfund Insider</a>.

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Understanding the CFTC’s Proposed Interpretation of “Actual Delivery” for Cryptocurrency Retail Commodity Transactions

UK Regulations: Urgent Action Required from Loan-Based Crowdfunding Platforms

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Subject to certain exceptions, the Commodity Exchange Act (CEA) makes it unlawful to enter into a transaction in any commodity with someone who meets the CEA’s 

Understanding the CFTC’s Proposed Interpretation of “Actual Delivery” for Cryptocurrency Retail Commodity Transactions

On January 18, 2018, the Securities and Exchange Commission’s (SEC) Division of Investment Management broke its relative silence regarding the recent growth of cryptocurrencies and cryptocurrency-related products. While signaling that registration of funds intending to invest substantially in cryptocurrency and related products is not on the immediate horizon, the guidance arguably provided the beginnings of a much-needed roadmap for the future development of registered open-ended funds ("mutual funds") and exchange-traded funds (ETFs) linked to cryptocurrencies and related products.Read our <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltf6f23be8c7149cb9/627317c0a1a1dd2aa9f6ca62/180123-sec-cryptocurrency.pdf">client alert</a>.

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Co-chair of Investment Management Group

Kelley Howes is a Partner in the Denver office and Co-Chair of the Investment Management Group.

Kelley A. Howes

Kelley Howes serves as co-chair of Morrison & Foerster’s Investment Management Group. She has experience with a wide range of legal, regulatory, compliance, corporate governance, insurance, and other matters relating primarily to the representation of U.S. registered and unregistered investment companies, offshore funds, registered investment advisers, transfer agents, and broker-dealers.

Kelley Howes

SEC Staff Raises Concerns Related to Cryptocurrency ETFs and Mutual Funds

On January 18, 2018, the Securities and Exchange Commission’s (SEC) Division of Investment Management broke its relative silence regarding the recent growth of 

SEC Staff Raises Concerns Related to Cryptocurrency ETFs and Mutual Funds

In the coming year, start-up businesses and their investors should note the following areas, each of which can be boiled down to a single word that begins with the letter “C”:<ol><li>the importance of having access to the best human capital (“connections”);</li><li>the likelihood that promising start-ups will continue to attract angel funding and seed rounds (“cash”);</li><li>California’s new legal framework around marijuana (“cannabis”);</li><li>digital token sales (“cryptocuerrencies”);</li><li>the imminent need for start-ups to out an end to hostile work environments (“culture”)</li></ol>Find out exactly how a co-chair of Morrison & Foerster’s emerging-companies-and- venture-capital practice expects the five Cs to affect start-ups in 2018.Read the full <a target="_blank" href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blt22dc10be79c41c83/627317b94d9f89297129023f/180122-five-cs-venture-capital-2018.pdf">Silicon Valley Business Journal article</a>.

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Murray Indick is a corporate partner in the Emerging Companies + Venture Capital Group.

Murray A. Indick

Murray Indick is a partner in the firm’s Corporate Department. Murray has more than thirty years of corporate law, investment fund and related experience, both in private practice and as partner and general counsel to Blum Capital Partners (1997-2004), and partner and general counsel to Prides Capital Partners (2004-2010).

Murray Indick

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Five "C"s To Watch in Silicon Valley’s Emerging Venture Capital Ecosystem in 2018

Why Should Your Startup Care About Intellectual Property?

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In the coming year, start-up businesses and their investors should note the following areas, each of which can be boiled down to a single word that begins with 

Five "C"s To Watch in Silicon Valley’s Emerging Venture Capital Ecosystem in 2018

The European Union (EU) has made reform of the e-commerce rules in Europe one of its main priorities for 2018.The European Commission has already published two proposed Directives relating to cross-border e-commerce but legislative progress has been slow – a situation that the Commission plans to correct in 2018.The Commission’s stated aim is to establish a more harmonised set of rules for the supply of digital content and sale of online goods across the EU, and to make it easier and less costly for businesses to engage in cross-border commerce. But what most e-commerce providers will focus on is the increased rights for EU consumers, particularly in the context of defects. The new rules will apply to online e-commerce providers, whether EU-based or not.These changes are part of a wider programme of reform affecting all businesses operating in the Technology, Media and Telecoms (TMT) sectors in Europe.

Autodesk

HM Revenue and Customs

Home Office, Department for Communities and Local Government, Department of Health

Intel

ITworx

lastminute.com

NYSE-listed health tech company

One of UK's largest public EV charging networks

Phoenix Group

Telenor

UK Border Agency

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Alistair Maughan co-leads Morrison & Foerster's European Technology & Commercial Practice.

Alistair Maughan

Alistair advises on the deployment of new technology platforms involving, for example, the internet of things, AI and machine-learning, and blockchain and distributed ledger technology.

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.