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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AI Transparency in Healthcare: Navigating a Changing Regulatory Landscape

Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

Japan’s Approach to AI Regulation in 2025

Federal Circuit Clarifies Requirements for Prior Art Under Pre-AIA 35 U.S.C. § 102(e)

AI Agent as a Service in Medtech - Key Considerations for Commercial Contracts

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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 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

The Committee on Foreign Investment in the United States (CFIUS) is reportedly forcing Beijing Kunlun Tech Co. Ltd. (“Kunlun”) to divest Grindr LLC (“Grindr”), the dating app Kunlun acquired in 2016. Much of the popular press is focusing on the seemingly remote connection between a popular dating platform for gay, bi, trans, and queer people on the one hand, and the national security of the United States on the other. The circumstances, however, highlight perfectly one of the U.S. government’s keenest national security concerns: the ability of foreign governments, and in particular the Chinese government, to collect and potentially exploit data related to U.S. citizens.Read our <a href="https://protect-us.mimecast.com/s/AsCrCL950GH0rKg7fPUzXK">client alert</a>.

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Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.
In the National Security space, he has significant experience couns

Charles L. Capito

Charles Capito

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CFIUS’s Axe to Grind: China’s Kunlun Reportedly Forced to Divest Grindr Amid Concerns Over Sensitive Personal Data

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

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The Committee on Foreign Investment in the United States (CFIUS) is reportedly forcing Beijing Kunlun Tech Co. Ltd. (“Kunlun”) to divest Grindr LLC (“Grindr”), 

CFIUS’s Axe to Grind: China’s Kunlun Reportedly Forced to Divest Grindr Amid Concerns Over Sensitive Personal Data

The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018, concerning the list of “emerging and foundational technologies” that BIS was tasked to identify under the Export Control Reform Act of 2018 (ECRA). The concept of “emerging and foundational technologies” is central not only to ECRA, under which such technologies may be subject to new or additional export licensing requirements, but it is also central to recent reforms to the Committee on Foreign Investment in the United States (CFIUS), under which foreign investments in such technologies may be subject to enhanced requirements.Read our <a href="https://protect-us.mimecast.com/s/vBuuCmZM8kiyWk58UBOyDS">client alert</a>.

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Senior Advisor, National Security

Joseph Benkert is a senior advisor  in Morrison & Foerster’s National Security practice group. He advises  clients on critical national security matters pertaining to the Committee on  Foreign Investm

Joseph Benkert

Joseph A. Benkert

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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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Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

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

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The Department of Commerce’s Bureau of Industry and Security (BIS) issued an Advance Notice of Proposed Rulemaking (ANPRM or the “Notice”) on November 19, 2018,

Opportunity to Comment on Emerging Technologies Subject to Future Export and Investment Restrictions

The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and processes of the Committee on Foreign Investment in the United States (“CFIUS”). Many of FIRRMA’s most significant changes were not effective immediately, however, as they are subject to rulemaking by the Department of the Treasury. If there were any questions whether Treasury would let the regulatory process initiated by FIRRMA linger, those questions were just answered with the release of unprecedented new CFIUS regulations that include possible multi-billion dollar fines across almost 30 critical technology-related industries, and provisions that make filing certain notifications with CFIUS mandatory. Read our <a href="https://protect-us.mimecast.com/s/XqlQCv29RwtZBQnJTzQpia">client alert</a>.

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New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions

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

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The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”), which became law on August 13, 2018, effected sweeping change to the authority and proc

New CFIUS Pilot Program Expands U.S. Government Review of Tech Transactions

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).

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

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

Many states and localities are concerned that the proliferation of streaming services is shrinking tax revenues previously received from sales of traditional forms of entertainment.  Those concerns are not unfounded.  The rapid development of streaming services has drastically changed how people watch “television.”  It is now estimated that over 56 million U.S. adults either have cancelled or never subscribed to traditional cable or satellite television service, while the number of Americans who subscribe to Netflix now equals the number of Americans who have a traditional television service subscription.  Meanwhile, streaming music services now generate the majority of the industry’s revenue.Thus, it is not surprising that many jurisdictions have taken a variety of approaches to subject sales of streaming services to sales taxes and excise taxes.  And now that the U.S. Supreme Court has ruled that there is no physical presence requirement for a state to impose a sales tax collection obligation on sellers, all companies offering streaming services should pay even closer attention to the state and local tax landscape—even if the streaming service is only a small part of a larger business.  Notably, in a state or locality that imposes sales taxes or excise taxes on streaming services, a company’s otherwise non-taxable services may become taxable if the company decides to include a streaming service as part of a bundled offering for a single price, even if the streaming service is not used or desired by a particular purchaser.Some jurisdictions, including Pennsylvania, have passed legislation amending their sales tax laws to specifically tax streaming services.  However, similar legislative efforts have proven less successful in other jurisdictions.  For example, a proposal in Virginia to expand the state’s communications sales tax to streaming entertainment services was overwhelmingly rejected by a Virginia House of Delegates committee earlier this year.  Meanwhile, the general unpopularity of taxes on streaming television services has inspired legislative proposals to explicitly exclude such services from tax.Taxing authorities in other jurisdictions have attempted to apply existing sales tax and excise tax laws to reach streaming services by issuing guidance such as letter rulings and publications.  For example, in a 2018 Private Letter Ruling, the Texas Comptroller found that a streaming video service was subject to sales tax as a “cable television service.”  The Florida Department of Revenue has issued guidance stating that, while sales and rentals of streaming videos are not subject to sales tax, rentals of streaming videos are subject to the State’s communications services tax as a “video service.”  Even more confusing, the Florida guidance states that sales (as opposed to rentals) of streaming videos are not subject to Florida’s communications services tax because the sales would qualify as a nontaxable “information service.”  Localities are also attempting to tax streaming services, even when the state is not.  For example, although Illinois does not currently impose tax on streaming services, the City of Chicago’s Comptroller released guidance stating that the City’s excise tax on admission fees or other charges paid for the privilege to enter, witness, view, or participate in “amusements” applies to certain streaming services. Any company that offers streaming services should be aware of the taxing authority’s position in each jurisdiction where the company has customers, even if the company has no other “presence” in that jurisdiction.  Importantly, however, companies should also be aware that a taxing authority’s position is subject to challenge.  Judicial challenges of taxes on streaming services are ongoing in Chicago and Pennsylvania.  Notably, at least one state’s attempt to impose existing taxes on streaming services was rejected.  In Kentucky, a state circuit court overturned the Department of Revenue’s audit assessment that subjected a streaming service company’s revenues from Kentucky customers to the same excise taxes applicable to traditional pay television providers. If your company offers a streaming service, now is the time to closely examine your tax compliance efforts.  In the wake of the U.S. Supreme Court’s recent decision in South Dakota v. Wayfair, Inc., which overruled over 50 years of precedent and found that the U.S. Constitution does not require a physical presence in a taxing state in order for the state to impose a sales and use tax collection obligation on an out-of-state seller, jurisdictions will likely be more aggressive in seeking sales tax from companies offering purportedly taxable services over the Internet.  And don’t forget that continued vigilance will be necessary, as jurisdictions continue to investigate whether or how to subject streaming services to sales taxes and excise taxes.

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Rebecca Midori Ulich-Balinskas is of counsel in the Tax Group and is based in Morrison Foerster’s New York office. Her practice focuses on U.S. federal, state and local tax transactional and controversy matters.

Rebecca Balinskas

Rebecca M. Balinskas

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If Your Company Offers Streaming Services, You Should Be Aware that States and Localities Are Taking Different Approaches to Taxing Such Services

The FCC “Opts-In” to Consumer Privacy with New Rules for Internet Service Providers

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Many states and localities are concerned that the proliferation of streaming services is shrinking tax revenues previously received from sales of traditional fo

If Your Company Offers Streaming Services, You Should Be Aware that States and Localities Are Taking Different Approaches to Taxing Such Services

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation (known as “FIRRMA,” for the Foreign Investment Risk Review Modernization Act of 2018) was initially introduced last fall. Its major provisions include enhancements to CFIUS’s enforcement authorities and a particular focus on high-tech sectors and “critical technologies.”The new versions of the bill in the House and Senate have removed one of the more controversial portions of the legislation, which would have given CFIUS the authority to review certain contributions by U.S. “critical technology companies” of their intellectual property to foreign companies through arrangements such as joint ventures. Although that provision has now been removed, FIRRMA may still restrict certain outbound transactions by U.S. companies through new provisions strengthening the U.S. export controls regime. The legislation could be passed by Congress and signed by the president as early as this summer.

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical Technologies”

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee ap

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical Technologies”

Since 2015, the European Union has been gradually implementing a series of reforms designed to create a Digital Single Market across the EU. In setting its reform agenda, the European Commission looked beyond areas traditionally associated with the regulation of technology and digital services, and proposed changes in sectors that it believes have a significant effect on the pattern of EU cross-border digital trade. One such area was tax policy.By 2021, the EU will implement a series of measures that are designed to significantly improve how companies operating online calculate VAT in the EU. This is the result of a unanimous vote of approval from the EU legislative bodies for a package of proposals that will incentivize cross-border trade, combat VAT fraud (especially by non-EU actors), ensure fair competition for EU businesses, and provide equal treatment for online publications.Read our <a href="https://protect-us.mimecast.com/s/aGi0C5y1VMCVg2R3FVH7tY">client alert</a>.

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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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Trevor has over 30 years of experience in providing corporate and international tax advice. His practice focuses on advising client on the tax planning aspects of international transactions and strat

Trevor James

Trevor L James

EU Digital Market VAT Reform

Since 2015, the European Union has been gradually implementing a series of reforms designed to create a Digital Single Market across the EU. In setting its refo

EU Digital Market VAT Reform

Linear TV and radio services are increasingly being consumed via the internet. Technical developments allowing the on-demand consumption of audio and audio-visual content on different user devices have also changed viewer habits resulting in linear TV content that can also be viewed at times chosen by the users themselves via catch-up or instant restart services.The EU is in the process of working out how the 1993 EU Cable and Satellite Directive ought to be adapted to the modern digital world. While the EU’s proposals will not abolish territorial licensing of TV and radio content in favour of a single pan-European license, the EU will re-consider how the country-of-origin principle and the mandatory collective rights management of the cable-retransmission rights established by the existing EU legal regime can be expanded to new TV and radio retransmission technologies such as IPTV and WebTV.This new regulation will affect creators and producers of audio-visual content intended for distribution via linear services and channels, traditional TV and radio networks, as well as all distributors of TV and radio programmes and channels (including cable, satellite, IPTV and OTT network and services operators) with operations in the European Union.