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

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Scaling Success, Powering Innovation – Exploring #NYTechWeek

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

LinkedIN

The cost for violating the Children’s Online Privacy Protection Act (COPPA), intended to ensure parents are informed about, and can control, the online collection of personal information (PI) from their children under age thirteen, has been steadily rising, and companies subject to the law should take heed.  Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the Shanghai-based mobile app company Musical.ly (now operating as “TikTok”)  for a myriad of COPPA violations, including failure to obtain parental consent and failure to properly delete children’s PI upon a parent’s request.

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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Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million

NTIA Announces New Multistakeholder Process for IOT Security Issues

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The cost for violating the Children’s Online Privacy Protection Act (COPPA), intended to ensure parents are informed about, and can control, the online collecti

Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million

Privacy + Data Security

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?

European Union

A recent decision indicates that failure to comply with the Illinois biometric privacy law may expose businesses to significant liability, even where there has been no actual harm to the plaintiffs. Can a user of a cloud-based photo-sharing and storage service sue the provider of that service for extracting and retaining, without consent, the user's facial scans from uploaded photos—even without any subsequent breach or sale of that data? How about an individual who is required to scan a fingerprint in order to use a season pass at an amusement park, also without any subsequent disclosure? In recent weeks, courts have given conflicting answers to these and similar questions under the Illinois Biometric Information Privacy Act (BIPA)—the United States' toughest biometric privacy law.Read our <a href="https://protect-us.mimecast.com/s/N4kvCYElrZFWrvynh9SB9u">client alert</a>.

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A Complete About-Face: Courts Disagree on Harm Requirement Under Biometric Privacy Law

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A recent decision indicates that failure to comply with the Illinois biometric privacy law may expose businesses to significant liability, even where there has 

A Complete About-Face: Courts Disagree on Harm Requirement Under Biometric Privacy Law

Litigation

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

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

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

The Commission nationale de l’informatique et des libertés (CNIL), France’s data protection authority (DPA), has levied a €50 million fine against Google for allegedly violating the GDPR’s transparency, information, and consent requirements in deploying targeted advertisements. The fine—the largest fine under GDPR to date and the first involving a U.S. technology company—was issued on January 21, 2019, and sheds additional light on the CNIL’s GDPR enforcement priorities and practices.Read our <a href="https://protect-us.mimecast.com/s/SSSJCpYXBnh0EDPmfYA5-B">client alert</a>.

C’est It Ain’t So: French DPA Issues Google Largest GDPR Fine to Date

The Commission nationale de l’informatique et des libertés (CNIL), France’s data protection authority (DPA), has levied a €50 million fine against Google for al

C’est It Ain’t So: French DPA Issues Google Largest GDPR Fine to Date

Despite increasing political tensions and evolving trade policies, the U.S. M&A market in 2018 enjoyed its second-best total deal value ever, according to Mergermarket. Activity through the first three quarters appeared poised for a new record, before slowing in the final quarter as stock market volatility spiked and questions arose about the direction of economic growth.Prospects for 2019 remain strong, with companies eager for growth and capital still abundant and relatively cheap, despite the Federal Reserve’s recent moves away from its low interest policy. However, there are risks that could slow M&A activity. In this alert, we review some of the key trends and developments arising from last year’s M&A activity, and consider how they might affect the level of M&A and how deals are done going forward.<a href="https://protect-us.mimecast.com/s/kiLFCv29Rwtn4o6EuzBy03">Read our full commentary on deal trends</a>, which includes pertinent topics such as:<ul><li>Tax Reform</li><li>Trade Tensions and National Security</li><li>Private Equity Activity</li><li>Material Adverse Effects (MAEs)</li><li>Non-Tech Companies Acquiring Tech</li><li>New Privacy Laws</li><li>Shareholder Activism</li><li>Appraisal Cases</li><li>Rep and Warranty Insurance</li></ul>

VMware – $2.3 billion acquisition of Carbon Black

Xpansiv Data Systems – Acquisition of CBL

MTY Food Group – Acquisition of Papa Murphy’s

Spark Networks – Merger with Affinitas GmbH and Acquisition of Zoosk

VMware – Recap Transaction with Dell

Takara Bio – Acquisition of WaferGen Bio–systems

Tsinghua Unigroup – Acquisition of Spreadtrum Communications

Altera – Acquisition of Enpirion

99 Cents Only Stores – Going Private Transaction

Sonic Solutions – Acquisition by Rovi

Intel – Acquisition of McAfee

Astellas – Acquisition of OSI Pharmaceuticals

VMware – Acquisition of Integrien

Fortunet – Going Private Transaction

Hurray! – Acquisition by Shanda Interactive

Mentor -- $1.1 Billion Acquisition by Johnson & Johnson

Credence Systems – Merger with LTX

Astellas – Unsolicited Offer for CV Therapeutics

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Mike advises on U.S. and international mergers, acquisitions, divestitures, and other strategic transactions, including “going private” and other related-party transactions. He has advised companies, 

Michael O'Bryan

Michael G. O'Bryan

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Lauren Bellerjeau is a corporate partner in the Austin office of Morrison Foerster.

Lauren Bellerjeau is a member  of the firm’s corporate practice. She advises on corporate, securities, and  finance matters, with a particular focus on U.S. and cross-border mergers and  acquisitions,

Lauren C. Bellerjeau

Lauren Bellerjeau

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Anthony J. Carbone is a partner in our New York office and co-chair of the Tax practice.

Anthony J. Carbone

Anthony J. Carbone is a partner in our New York office and co-chair of the Tax practice. He also serves as co-chair of the Federal Tax practice. His practice focuses on tax planning strategies and the tax consequences of a wide range of business, investment and capital markets transactions in the U.S. and internationally.