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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In the first of a four-part podcast series on tech M&A in partnership with MergerMarket, Corporate Department Co-Chair Eric McCrath sat down with host Julie-Anna Needham to discuss cross-border M&A, accelerated digitalization due to COVID-19, and trends in U.S. acquisitions into Europe.<a target="_blank" href="https://members.mergermarket.com/podcasts?wchannelid=akudzqwqhj&wmediaid=cduo4r4u0s" style="box-sizing: border-box;color: rgb(3, 65, 147);text-decoration-line: none;background-color: transparent;transition-duration: 0.2s;transition-timing-function: ease-in-out;transition-delay: 0s;transition-property: color;">Listen to the podcast.</a>

SoftBank Corporation

onsemi

Uber Technologies

Unity

Divvy

BlackBerry

Autodesk

ShowingTime

Gemini Trust

eBay

Kahoot!

Astroscale

IDIQ

Iovation

NerdWallet

Unilever

Visa

Vontier

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Chair

Eric T. McCrath is the Chair of Morrison Foerster. Eric has been a trusted advisor on hundreds of public and private M&A, private equity, and financing transactions over the course of his career.

Eric T. McCrath

Eric has been a trusted advisor on hundreds of public and private M&A, private equity, and financing transactions over the course of his career. He counsels strategic acquirers and targets in a variety of industries, including technology (semiconductors, software, and Internet), healthcare, consumer products, financial institutions, media, and transportation.

Eric McCrath

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MergerMarket Dealcast Presents: Trends in Tech M&A

MergerMarket Dealcast Presents: Trends in Tech M&A

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In the first of a four-part podcast series on tech M&A in partnership with MergerMarket, Corporate Department Co-Chair Eric McCrath sat down with host Julie-Ann

In this episode of MoFo’s Above Board podcast, host, co-chair of MoFo’s Corporate Finance | Capital Markets practice, and former Chief Counsel of the SEC’s Division of Corporation Finance Dave Lynn speaks with Alex Iftimie, co-chair of MoFo’s Global Risk and Crisis Management group, and Brandon Van Grack, who also co-chairs the group and serves as co-chair of the firm’s National Security practice. Both are former senior DOJ officials who bring their vast experience in cybersecurity to analyze the top cyber events that have defined 2021 thus far and provide practical guidance in response to the following key questions:<ul><li>What are the key cybersecurity threats that boards of directors should be focused on?</li><li>What role should boards be playing in a cyber incident like a ransomware attack?</li><li>What action do you expect to see from U.S. government with respect to cybersecurity?</li></ul>Listen to the <a href="https://protect-us.mimecast.com/s/V4ibCER61yi3lNky0Sw8aQN?domain=www2.mofo.com">podcast</a>.

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Brandon L. Van Grack co-chairs Morrison Foerster’s National Security and Crisis Management groups. 

Brandon Van Grack

Brandon Van Grack - National Security Lawyer

Brandon L. Van Grack

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Above Board Podcast: 2021 Cyber Events Shaping the Horizon

Above Board Podcast: 2021 Cyber Events Shaping the Horizon

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In this episode of MoFo’s Above Board podcast, host, co-chair of MoFo’s Corporate Finance | Capital Markets practice, and former Chief Counsel of the SEC’s Divi

From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with a new EU regulation designed to promote fairness and transparency. Platform use terms may need to be re-written and must contain certain mandatory information.The EU regulation on platform-to-business relations (the “P2B regulation”) applies in all EU member states, including the UK. The P2B regulation seeks to:<ul><li>create a fair, predictable, sustainable and trusted online business environment for smaller businesses and traders on online platforms;</li><li>enhance transparency and redress obligations for business users of online platforms; and</li><li>prevent regulatory fragmentation across the EU.</li></ul>The P2B regulation applies to all online intermediation service providers and online search engines.  This includes e-commerce marketplaces, social media services, app stores and price comparison tools.  The P2B regulation also differs from much of the EU’s digital regulatory output in that the regulation is not consumer-focused: it applies to business users of online intermediation services (and corporate website users in relation to online search engines) who use those services to offer goods and services (or form contracts with) consumers in the EU.Importantly, whether or not the P2B regulation applies does not depend on the location of the platform provider or the chosen governing law of the platform.  So, Asian or U.S.-based platform providers must comply as long as their platforms or search engines are offered or provided to business users in the EU.The P2B regulation excludes online payment services, online advertising tools or online advertising exchanges, which are not provided with the aim of the facilitating the initiation of direct transactions or contractual relationships with consumers.The P2B regulation applies to me – what do I need to do?To comply with the P2B regulation, you will need to ensure that the terms & conditions for the platform are written in plain and intelligible language, are easily found and include certain information.If you are an online intermediation service provider, your terms & conditions must include, among other information:(a) a description of the grounds on which you may base your decisions to suspend, terminate or otherwise restrict the use of your services by business users;(b) information regarding the overall effects of the terms & conditions on the ownership and control of intellectual property rights of business users;(c) information on how you treat and rank goods or services offered by your company or by business users controlled by you, compared to goods and services offered by third-party business users;(d) information on how and under which conditions a business user can terminate its contractual relationship with you;(e) a description of the data access policies to provide the business user with a better understanding of the data to which your company or the business user may or may not have access;(f) information on how business users can use the internal complaint-handling system; and(g) the names of two or more mediators with whom your company and business users can engage to attempt to reach an agreement to settle, out of court, any disputes that may arise.If the P2B regulation applies, an online platform cannot suspend or terminate a business user without first providing a statement of reasons; the business user can complain, and the matter could go to mediation.If you are an online search engine, your terms & conditions must include, in a publicly available statement, a description of:(a) the main parameters that are significant in ranking all indexed websites and their relative importance;(b) the potential effects on ranking as a result of any direct or indirect remuneration paid by business users; and(c) how you treat and rank goods or services offered by your company or by business users that you control, compared to goods and services offered by third-party business users.What is the notice period for changing terms & conditions?If you need to change your terms & conditions to comply with the P2B regulation, you should notify your business users of the proposed changes at least 15 days before applying them (subject to any exceptions provided in the P2B regulation). This is the minimum notice period. If, because of the changes, business users need to make complex adaptations, a longer and more proportionate notice period should apply. This is designed to prevent significant disruption to business users’ operations due to sudden changes to terms & conditions.What can a business user do in the case of non-compliance with the P2B regulations?Any terms & conditions that are not written clearly and intelligibly will be void. Where a business user feels that the relevant terms & conditions are not satisfactory, it may:(a) use the internal complaint-handling system; during this process, an online intermediation service provider may self-determine that all or parts of its terms & conditions are not clear.(b) engage mediators, who may conclude that the terms & conditions lack the required clarity.(c) take the online intermediation service provider or search engine to court.

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.

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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 New P2B Regulation Is Out – Here’s What Your Business Needs to Know

Digital Compliance in Europe: Regulatory Alignment Post-Brexit

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From 12 July 2020, any business (whether or not EU-based) providing an online platform or search engine to business users in the EU and the UK must comply with 

The New P2B Regulation Is Out – Here’s What Your Business Needs to Know

It’s all very well to issue regulatory guidance – but it’s what you do to enforce it that really counts. The UK financial services regulatory agencies have imposed fines exceeding $2 million on a UK bank that did not implement enough oversight on an outsourced provider of technology services. In this alert, we discuss the firmer approach being adopted by UK regulators when it comes to compliance with technology outsourcing rules.Read our <a href="https://protect-us.mimecast.com/s/qVxACW6jp1UoyBXJiKcttu">client alert</a>.

One of UK’s largest public EV charging networks

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Associate

Sana Ashcroft is an associate based in the London office of Morrison & Foerster and is a member of the Technology Transactions Group.
Sana advises on a wide range of domestic and cross-border commerci

Sana Ashcroft

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Financial Services Technology Outsourcing: The UK Regulators Flex Their Muscles

Why Should Your Startup Care About Intellectual Property?

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It’s all very well to issue regulatory guidance – but it’s what you do to enforce it that really counts. The UK financial services regulatory agencies have impo

Financial Services Technology Outsourcing: The UK Regulators Flex Their Muscles

In an effort to harmonize online consumer protection laws and regulations across the European Union by the end of 2019, the Digital Single Market project has started fairly slowly. Which of the Commission’s goals has it managed to convert into actual legislation, when is the Commission expected to pass legislation related to the modernization of copyright law, and what can we expect the Commission to address next?In this video, Alistair Maughan, co-chair of Morrison & Foerster’s global Technology Transactions Group and leader of the firm’s European Technology Team, answers these questions and more.<div class="videoWrapper"><iframe src="https://www.youtube-nocookie.com/embed/JFErC81sNi8?rel=0" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" title="Ted Talks - MoFo Tech" title="iframe"></iframe></div>

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What Is The Digital Single Market?

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

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In an effort to harmonize online consumer protection laws and regulations across the European Union by the end of 2019, the Digital Single Market project has st

What Is The Digital Single Market?