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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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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<p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Morrison & Foerster senior counsel Lokke Moerel authored an op-ed for IAPP’s Privacy Perspectives that discusses why risk management best practice is not fit for digital innovation. <p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Lokke argues that innovation requires a culture of openness and transparency where joint decisions about the design of services and the risks that need to be taken can be made. <p style="background-color: transparent;box-sizing: border-box;color: rgb(33, 37, 41);font-size: 16px;font-variant-numeric: normal;font-variant-east-asian: normal;line-height: 26.4px;margin-bottom: 16px;margin-top: 0px;">Read the <a style="background-color: transparent;box-sizing: border-box;color: rgb(3, 65, 147);text-decoration-line: none;transition-duration: 0.2s;transition-timing-function: cubic-bezier(0.42, 0, 0.58, 1);transition-delay: 0s;transition-property: color;" target="_blank" href="https://iapp.org/news/a/why-this-risk-management-best-practice-is-not-fit-for-digital-innovation/">full article</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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Why the Three Lines of Defense Model for Risk Management is Not Fit for Digital Innovation

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

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Morrison & Foerster senior counsel Lokke Moerel authored an op-ed for IAPP’s Privacy Perspectives that discusses why risk management best practice is not fit fo

Why the Three Lines of Defense Model for Risk Management is Not Fit for Digital Innovation

From hospitals to media companies to manufacturing plants, ransomware attacks have become increasingly prevalent and caused far-reaching impacts. As more and more of our valuable data is only stored digitally, the impact to a business from their data being rendered inaccessible is greater than ever. In addition to data loss, such incidents can present significant business and legal risks, including damage to brand and reputation, disruption of business operations, and contractual and regulatory obligations. This Masterclass on ransomware and cyber extortion features Morrison & Foerster’s John P. Carlin and Alex Iftimie, who discuss the latest threats and emerging trends, and how businesses can prepare for and respond to such attacks. Topics addressed include: • The threat landscape for ransomware attacks and cyber extortion• Potential actors, ranging from nation states to opportunistic criminals• Best practices for policies and procedures to respond to extortion demands• Considerations for whether to pay an extortion demand, and best practices should companies pay• Key decisions companies must make in responding to a ransomware attack or extortion incidentWatch our recent webinar <a href="https://www.veracast.com/mofo/mcle_programs/webinars.cfm?&idleTimeout">here</a> and apply for CLE credit.

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Webinar - Ransom Proof: Hard Lessons and Best Practices for Responding to Ransomware Attacks and Cyber Extortion

Court Allows Microsoft to Challenge Secrecy of User Data Requests

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From hospitals to media companies to manufacturing plants, ransomware attacks have become increasingly prevalent and caused far-reaching impacts. As more and mo

Webinar - Ransom Proof: Hard Lessons and Best Practices for Responding to Ransomware Attacks and Cyber Extortion

California’s Attorney General has issued a brief advisory providing consumers with an overview of their rights under the California Consumer Privacy Act (CCPA), which went into effect on January 1, 2020, as well as additional information relating to California’s new data broker law. Although the advisory offers no new guidance on CCPA requirements, it demonstrates the Attorney General’s desire to ensure that California consumers are informed of their rights under the CCPA. The advisory also serves as an important reminder of the new California data broker law, including the new requirement for companies acting as “data brokers” to file an online registration. Read our <a href="https://protect-us.mimecast.com/s/fQX2ClYMX0hK8VWpi92NNw?domain=www2.mofo.com">client alert.</a>

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California AG Issues Advisory on CCPA and Data Broker Law

The Madden Saga Continues: On Remand, Madden Survives Summary Judgment and District Court Certifies Class

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California’s Attorney General has issued a brief advisory providing consumers with an overview of their rights under the California Consumer Privacy Act (CCPA),

California AG Issues Advisory on CCPA and Data Broker Law

Businesses have been finalizing their plans to comply with the California Consumer Privacy Act of 2018 (CCPA) by January 1, 2020, when the law becomes operative, but the ultimate trajectory of California’s post-2020 privacy regime remains in flux. As we detailed last month, the California Privacy Rights and Enforcement Act (CPREA), a proposed ballot initiative introduced by Californians for Consumer Privacy (the nonprofit behind the original CCPA initiative in 2018), would amend and expand the CCPA if it obtains enough signatures to appear on the 2020 California ballot and is approved by voters.  In November, the nonprofit filed an amended version of the initiative — renamed Initiative 19-0021A1, “The California Privacy Rights Act of 2020” (CPRA) — that narrows some of the CPREA’s obligations and expands others.  Read our <a href="https://protect-us.mimecast.com/s/GBhaC4xYV2fWEB17Cx1ivN">client alert.</a>

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2020 CCPA Ballot Initiative Gets a Makeover

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

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Businesses have been finalizing their plans to comply with the California Consumer Privacy Act of 2018 (CCPA) by January 1, 2020, when the law becomes operative

2020 CCPA Ballot Initiative Gets a Makeover

The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on December 3, 2019. The Los Angeles hearing featured comments from approximately 24 speakers over a two-hour period. The following provides an overview of the Los Angeles hearing and comments made at the hearing. Read our <a href="https://protect-us.mimecast.com/s/WqIXC68zGMS9oRyQu6MdJ9">client alert.</a>

California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA Regulations

The California Attorney General held the second of four public hearings on the California Consumer Privacy Act’s (CCPA) proposed regulations in Los Angeles on D

California Attorney General Holds Public Hearing in Los Angeles on Draft CCPA Regulations

Morrison & Foerster’s Kristen Mathews and Adam Fleisher have written an article for Law360 that covers compliance obligations for financial institutions under the California Consumer Privacy Act (CCPA). Read our <a href="https://protect-us.mimecast.com/s/bNlqCL950GHOP4pKCqmwF-">client alert.</a>

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Financial Cos. Face A New Normal Under State Privacy Laws

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

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Morrison & Foerster’s Kristen Mathews and Adam Fleisher have written an article for Law360 that covers compliance obligations for financial institutions under t

Financial Cos. Face A New Normal Under State Privacy Laws

The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. This new guidance from FTC staff takes the form of a brochure (with accompanying video) aimed directly at influencers. It bluntly states that influencers “must comply with the law” when working with brands to recommend or endorse products and provides “tips on when and how to make good disclosures.” Read our <a href="https://protect-us.mimecast.com/s/DkddCL950GH9n127sqdtUL">client alert.</a>

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Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance c

Julie O'Neill

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA 2021).

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Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers

Biometric Information as Personal Information In A Brave New World of Regulatory Compliance

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The Federal Trade Commission is trying yet another approach to convey the message that the relationship between a social media “influencer” and the brand he or 

Influencing the Influencers: FTC Staff Release “Disclosures 101” Guidance for Online Endorsers

As the number of companies affected by cybersecurity incidents continues to grow, we expect to hear from more whistleblowers raising alarms about companies’ cybersecurity practices. Anticipating potential whistleblowers, companies should promptly address internal warnings about their cybersecurity practices and should plan how they will address whistleblowers and their concerns, and how to defend against whistleblower claims. In an article published in Corporate Compliance Insights, Morrison & Foerster’s Kristen J. Mathews, Mark David McPherson and Janie Schulman cover various measures and best practices for companies in guarding against potential liability.  Read the <a href="https://protect-us.mimecast.com/s/Qro9CmZM8kilVP3ofOMEX6">full article.</a>

Anticipating the Next New Variety of Cybersecurity Litigation

As the number of companies affected by cybersecurity incidents continues to grow, we expect to hear from more whistleblowers raising alarms about companies’ cyb

Anticipating the Next New Variety of Cybersecurity Litigation

In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bureau last week released the IAB California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies. The IAB is the trade association for the digital media and marketing industries, and it developed the Framework to help publishers (i.e., websites) and the online advertising supply chain comply with the CCPA — and particularly with the CCPA’s right to consumer opt-outs of “sales” of personal information. Read our <a href="https://protect-us.mimecast.com/s/u3yyCAD9WrHOMzREI86niC">client alert.</a>

We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework

In a move likely welcomed by publishers seeking a solution to honoring “sale” opt-outs in the interest-based advertising space, the Interactive Advertising Bure

We’re Sorry, Your Service (Provider) Is Limited: The IAB CCPA Compliance Framework

Morrison & Foerster partner John Carlin announced a major new initiative from the Aspen Cybersecurity Group to bridge the cybersecurity skills gap. John discusses the dramatic cybersecurity skills gap faced by United States today, in both the public and private sector. This skills gap is being confronted by a number of companies committed to “strengthening and exploring new methods for cultivating, hiring, and training cybersecurity workers.” Companies should consider adopting these best practices and signing onto the initiative.  Read our <a href="https://protect-us.mimecast.com/s/ecWfCmZM8kilvNrQHBZy8f">client alert.</a>

Major Employers Commit to Build a Stronger Cybersecurity Workforce Pipeline

Morrison & Foerster partner John Carlin announced a major new initiative from the Aspen Cybersecurity Group to bridge the cybersecurity skills gap. John discuss

Major Employers Commit to Build a Stronger Cybersecurity Workforce Pipeline