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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Provides insights and reports on the most current class actions lawsuits and product liability issues that affect consumer-facing companies.

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In-depth analysis of developments and trends impacting government contracting.

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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

FDA is tackling cybersecurity threats head-on and expects industry to do the same.  Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices.  Industry should take note, as these developments detail the agency’s current expectations for companies preparing to combat future threats.  As part of FDA’s effort to get in front of these issues before they happen, it launched its first ever <a href="https://protect-us.mimecast.com/s/UCt5C1wBEMsXJvjMCpiJXn">Medical Device Cybersecurity Regional Incident Preparedness and Response Playbook</a> (the “Playbook”).  FDA also announced two memoranda of understanding designed to improve information sharing about cybersecurity risks.  Finally, just last week, FDA released an update to guidance from 2014 concerning premarket expectations for devices susceptible to cybersecurity threats. Read our <a href="https://protect-us.mimecast.com/s/PIjkC2k12XUQ5nxpC2e8Lk">client alert</a>.

Fertility Center Litigation

Fitbit

MicroPort

Leading Healthcare, Pharmaceutical, and Medical Device Company

Lethal Injection Matters – Major Pharmaceutical Company

Pain Pump Matters – Large Pharmaceutical Company

Major Technology Company

Leading Chemical Company

Security Device Company

In re Air Crash Near Peixoto de Azevedo, Brazil

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Co-Chair, Litigation Department

Erin Bosman is the global co-chair of Morrison Foerster’s litigation department. Erin is also the founder and co-head of the Artificial Intelligence group and former chair of the Complex Litigation + Advisement practice group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin M. Bosman

Erin Bosman is the Global Co-Chair of Morrison Foerster’s Litigation Department. Erin is also the founder and co-head of the Artificial Intelligence Group and former chair of the Complex Litigation + Advisement Practice Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.

Erin Bosman

An orthopedic implant company

A children&rsquo;s monthly subscription service product

A fertility company

A major technology company

A smart fitness equipment company

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Julie Park provides analytic and strategic counsel for issues in product life cycle, product liability and defective products, consumer class actions, and more.

Julie Park

Julie Park | Product Liability Lawyer

Julie Park protects her clients’ products no matter what kind of product issue they face—whether it is planning for new product development, recalling an existing product, or defending clients against product liability or consumer class actions. Drawing on her deep technical and legal expertise, Julie counsels clients on consumer product safety regulation and pharmaceutical and medical device preemption while also managing complex and multijurisdictional litigation both in state and federal court.

Julie Y. Park

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FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices

Court Allows Microsoft to Challenge Secrecy of User Data Requests

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FDA is tackling cybersecurity threats head-on and expects industry to do the same.  Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a serie

FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices

Privacy + Data Security

Last week, the English High Court limited the availability of collective actions for data breaches to identifiable individuals who have suffered specific and discernible damage. In Richard Lloyd v Google LLC, the Court refused to allow a representative action alleging breach by Google of its duties under the Data Protection Act 1998 (“DP Act 1998”) to proceed. The Court reinforced the need to prove “damage” resulting from data privacy breaches in order to claim compensation and continued its policy of reluctance to permit English court procedures to be used to bring U.S.-style “opt-out” class actions.The case reinforces the need to prove damage or distress when bringing data breach claims, as well as the hurdles involved in bringing representative actions in the English courts. It will also be relevant to claims for breach of the new Data Protection Act 2018 (“DP Act 2018”) (which has largely replaced the DP Act 1998) and could therefore serve as a deterrent to future claims.Read our <a href="https://protect-us.mimecast.com/s/RXqWCVO0oWI89PvycyGBW8">client alert</a>.

Lloyd v Google – English High Court Blocks Collective Data Breach Claim

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Managing Partner, London

Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office.

Annabel Gillham

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Lloyd v Google – English High Court Blocks Collective Data Breach Claim

Google Ordered to Comply with Warrant for Foreign-Stored User Data

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Last week, the English High Court limited the availability of collective actions for data breaches to identifiable individuals who have suffered specific and di

Litigation

When Governor Jerry Brown signed Assembly Bill 1906 and Senate Bill 327 into law on Friday, California took major strides toward regulating the Internet of Things, the network of internet‑connected devices that includes everything from televisions and cars, to refrigerators, fitness trackers, and baby monitors. As of January 1, 2020, “reasonable security feature[s]” must be included in all “connected devices” sold or offered for sale in California, specifically those devices capable of connecting directly or indirectly to the internet and that have an IP or Bluetooth address.Read our <a href="https://protect-us.mimecast.com/s/gJ6YCG6QzAU9WPplfpXwMW">client alert</a>.

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New California IoT Law Requires Security for Connected Devices

The Unblinking Eye: Employee Monitoring in the IoT Era

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When Governor Jerry Brown signed Assembly Bill 1906 and Senate Bill 327 into law on Friday, California took major strides toward regulating the Internet of Thin

New California IoT Law Requires Security for Connected Devices

Internet of Things

Just over a month after the EU General Data Protection Regulation (GDPR) took effect, California passed its own sweeping privacy legislation, the California Consumer Privacy Act of 2018.The Act stands to affect countless global companies doing business in California, many of which recently devoted extensive time and resources to GDPR compliance. These companies must now determine what additional steps are necessary to comply with the Act by the time it takes effect on January 1, 2020.Join Socially Aware contributors Christine Lyon and Julie O’Neill on Thursday, September 20, 2018, for a deep dive into the key similarities and differences between the GDPR and the Act, as well as practical steps companies can take to assess gaps and chart a path to compliance. The areas they expect to cover include:<ul><li>Notice requirements</li><li>Access and portability</li><li>Deletion</li><li>Opt-outs</li><li>Discrimination</li></ul>

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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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Privacy Across the Atlantic: Comparing the EU GDPR and California Consumer Privacy Act of 2018 - A Morrison & Foerster Data Protection Webinar

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

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Just over a month after the EU General Data Protection Regulation (GDPR) took effect, California passed its own sweeping privacy legislation, the California Con

Privacy Across the Atlantic: Comparing the EU GDPR and California Consumer Privacy Act of 2018 - A Morrison & Foerster Data Protection Webinar

Regulatory

When companies employ artificial intelligence technologies they have to be mindful of the legal and ethical problems those technologies might cause. While the scope of legal concerns surrounding AI technologies’ impact is broad, of particular concern are instances of unlawful bias and discrimination, privacy law violations, and legal liability resulting from harm caused by the AI technology.The good news is that corporate AI policies can help companies to encourage compliance and guide decisions about the acceptable use of AI technologies. This article describes the points that corporate AI policies should address.Read our piece in <a href="http://www.corporatecomplianceinsights.com/managing-corporate-ai/">Corporate Compliance Insights</a>.

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Stephanie assists companies with technology and life sciences transactions, representing both private and public companies, from emerging growth through the Fortune 50. In particular, Stephanie focuses on helping companies that leverage data through technology in structuring their business and commercial transactions.

Stephanie Sharron

Stephanie Sharron is partner in the Palo Alto office and a member of the firm’s Technology Transactions Group. Clients turn to Ms. Sharron for advice on how to leverage data through technology and the related issues that apply to their business models in light of the rapid changes in business, technology and law.

Stephanie Lynn Sharron

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Managing Corporate AI

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

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When companies employ artificial intelligence technologies they have to be mindful of the legal and ethical problems those technologies might cause. While the s

Managing Corporate AI

Artificial Intelligence

As John Carlin notes in his op-ed for the New York Times, Russia has become “the world’s largest safe haven for cybercriminals.”  John, chair of Morrison & Foerster’s Global Risk + Crisis Management Group and former chief of staff to Robert Mueller, explains that while Mr. Mueller’s indictment of 12 Russian nationals accused of meddling in the 2016 U.S. presidential election may have dominated news headlines, Russian cybercrime — and the Russian government’s harboring of cybercriminals — is nothing new. In the piece, John outlines the magnitude of Russian cyber attacks, reasons why the Russian government continues to shield a “who’s who” of the world’s most wanted hackers, and steps the Trump administration can take to hold Russia accountable and protect American companies. Read John's <a href="https://protect-us.mimecast.com/s/29pSCmZM8ki94lxKcBP5_N">op-ed</a>.

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Putin is Running a Destructive Cybercrime Syndicate Out of Russia

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

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As John Carlin notes in his op-ed for the New York Times, Russia has become “the world’s largest safe haven for cybercriminals.”  John, chair of Morrison & Foer

Putin is Running a Destructive Cybercrime Syndicate Out of Russia

Companies acquiring or selling businesses that leverage data through technology face special challenges and risks. Focus and prioritization can assist both business principals and lawyers effectively manage these concerns.  This article offers answers to five key questions toward achieving that end.Read the full article in The M&A Journal <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltb2175331524d0a8c/627317c8a1a1dd2aa9f6ca66/180711-five-legal-risks-technology-ma.pdf">here</a>.

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Five Key Legal Risks for Data-Centric Technology M&A

Chinese Interest High Despite Uncertainty

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Companies acquiring or selling businesses that leverage data through technology face special challenges and risks. Focus and prioritization can assist both busi

Five Key Legal Risks for Data-Centric Technology M&A

Mergers + Acquisitions

In a widely anticipated decision, the Supreme Court held 5-4 that the government must obtain a warrant to acquire customer location information maintained by cellular service providers, at least where that information covers a period of a week or more. The case, Carpenter v. United States, has been closely watched by tech companies and privacy experts. The opinion, authored by Chief Justice John Roberts, immediately enshrines greater protections for certain forms of location data assembled by third parties and represents a growing discomfort on the Court with the so-called “third-party doctrine”—a line of cases holding that a person does not have a reasonable expectation of privacy in records that he or she voluntarily discloses to a third party. In the longer run, there will likely be further litigation over whether the same logic should extend Fourth Amendment protections to other types of sensitive information in the hands of third parties as courts grapple with applying these principles in the digital age. Read our <a href="https://protect-us.mimecast.com/s/zKSICQW5jXiYgy9mSMt_9Z">client alert</a>.

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Of Counsel

Bob Litt, former General Counsel for the Director of National Intelligence, is of counsel and co-chair of Morrison & Foerster’s Global Risk and Crisis Management group. He advises industry-leading org

Robert S. Litt

Robert Litt

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U.S. Supreme Court Rules That Location Information Is Protected by the Fourth Amendment

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

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In a widely anticipated decision, the Supreme Court held 5-4 that the government must obtain a warrant to acquire customer location information maintained by ce

U.S. Supreme Court Rules That Location Information Is Protected by the Fourth Amendment

In this opinion piece, Morrison & Foerster Senior of Counsel Lokke Moerel challenges current predictions of the ways in which Artificial (AI) Intelligence is going to transform our jobs. Drawing a parallel with how using sat nav systems has impacted our navigation skills, she highlights the need for decision-making transparency and the need to rethink training in a world dominated by AI.Read <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/bltd16c9ce75069aa2d/627317c74886af2aa2be110a/180619-algorithms-routine-kills-expertise.pdf">the full article</a> (in English).