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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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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History in the Making Morrison & Foerster would like to congratulate our clients Sprint and SoftBank on closing the blockbuster deal between Sprint and T-Mobile, creating the “New T-Mobile” - a transaction that significantly reshapes the future of the telecom industry.  Announced in 2018 and closed as of April 1, 2020, the landmark deal is valued at $59 billion, with the aggregate for the combined company in the all-stock transaction valued at approximately $146 billion, making it one of the largest telecommunications deals in history. We were honored to serve as lead counsel to Sprint and SoftBank Group, the controlling shareholder of Sprint, on this historic transaction. More than six years in the making, the transaction required sophisticated navigation of numerous legal complexities concerning governance issues, regulatory approvals, and cross-border matters, as the deal involved four publicly traded companies and foreign controlling shareholders on each side. The MoFo team was led by MoFo M&A partner Brandon C. Parris and antitrust partner Jeff Jaeckel, and included hundreds of MoFo lawyers across practice areas in offices around the globe. Read more about the <a href="https://protect-us.mimecast.com/s/u0L_C0RXEMi5XZWpcDA04F?domain=www2.mofo.com">transaction.</a> Dealmaker of the Year  We are also proud to celebrate San Francisco M&A partner Brandon Parris, who was named by The American Lawyer as a 2020 Dealmaker of the Year for his role in Sprint’s blockbuster $59 billion merger with T-Mobile and the company’s corresponding $5 billion divestiture of assets to DISH. This award follows a year of recognitions, including being named a Law360 MVP of the Year for M&A, as well as a Top 100 Leading Lawyer by the Daily Journal. As part of the recognition, Brandon was interviewed by The American Lawyer, which can be found on its <a href="https://protect-us.mimecast.com/s/c9c3CgJQ8yHR1pWDc2qFxg?domain=www2.mofo.com" target="_blank">website</a>. Congratulations, Brandon!

LendingClub

Elevate Credit

Southwest Gas

MobileIron

Breedon Group

Palo Alto Networks

Sprint and SoftBank Group

VMware

McKesson Corporation

Santen Pharmaceutical/InnFocus

Affinity Gaming

Boyd Gaming Corporation

SoftBank

DreamWorks Animation

Shutterfly

Westcorp/Wachovia

Novellus Systems

USANA Health Sciences

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Global Co-Chair of M&A Practice

Brandon Parris is a corporate partner and serves as co-chair of the firm's global Mergers & Acquisitions Group.

Brandon C. Parris

Brandon Parris

SoftBank/Clearwire Corporation

Fujisawa Pharmaceutical Co./Yamanouchi Pharmaceutical Co.

SoftBank/Sprint  Nextel

Elpida Memory

International  Air Cargo Cartel Investigation

International  Freight Forwarding Cartel Investigation &amp; Litigation

AirTran  Baggage Fee Antitrust Investigation &amp; Litigation

U.S.  Department of Justice Investigation of Major International Transportation  Company

Semiconductor  Industry Cartel Investigation

Astellas  Pharma Inc.

ACON Laboratories

Epitomics

InSound Medical

Genentech/Tanox

Southwest/AirTran

ON  Semiconductor/Sanyo Semiconductor

Clearwire/Sprint  Nextel

Astellas  Pharma Inc. $537 million Acquisition

Astellas  Pharma Merger

Celltech  Ltd.

Merger of  Sankyo and Daiichi Pharmaceutical

Sale of  Alltel to Verizon Wireless

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Vice Chair

Jeff Jaeckel is an experienced antitrust litigator and counselor. He advises foreign and domestic corporations in connection with all manner of antitrust and competition law matters, and helps clients achieve success in all of their antitrust engagements, from M&A strategy and investigations to cartel investigations to civil litigation.

Jeff Jaeckel

Jeff Jaeckel is a co-chair of Morrison Foerster’s Global Antitrust Law Practice Group and a member of the board of directors of Morrison Foerster LLP. Jeff is an experienced antitrust litigator and counselor.

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Congratulations to Sprint and SoftBank on the Closing of the Blockbuster $59 Billion Deal with T-Mobile

Chinese Interest High Despite Uncertainty

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History in the Making Morrison & Foerster would like to congratulate our clients Sprint and SoftBank on closing the blockbuster deal between Sprint and T-Mobile

Congratulations to Sprint and SoftBank on the Closing of the Blockbuster $59 Billion Deal with T-Mobile

Gone are the days that employees work from only one location from 9:00 a.m. to 5:00 p.m. With employees traveling throughout the U.S., and in many instances, having some employees telecommuting, a company must be diligent. These mobile employees can give rise to potential state and local tax obligations for the employers in unexpected jurisdictions and create tax compliance challenges for even the most diligent employers. Read our <a href="https://protect-us.mimecast.com/s/BHF2CJ67z1UEyj13czXzBL">newsletter</a> to learn more about SALT considerations for a mobile workforce.

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Challenges of a Mobile Workforce

Paying Employees in Cryptocurrency: Is That Lawful? 

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Gone are the days that employees work from only one location from 9:00 a.m. to 5:00 p.m. With employees traveling throughout the U.S., and in many instances, ha

Challenges of a Mobile Workforce

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) implementing the first phase of Section 889 of the FY2019 National Defense Authorization Act (NDAA). This rule, which goes into effect on August 13, 2019, prohibits federal agencies from buying “covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system” from designated Chinese entities, including Huawei Technologies Company Ltd. (Huawei) and ZTE Corporation (ZTE), and several providers of video surveillance equipment and services. We detail this proscription below and summarize how the rule shifts the compliance burden to government contractors.  Read our <a href="https://protect-us.mimecast.com/s/YwS2CAD9WrHq5mznc9GDUQ">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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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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New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

Tune in, catch up: EU changes to TV and radio transmission rules

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The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Depa

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general license exempting a set of transactions from the Entity List designation of Huawei Technologies Co., Ltd. (“Huawei”) and its affiliates worldwide, which was effective May 16, 2019. The Entity List designation effectively prohibits the export, re-export, or transfer of hardware, software, and technology subject to the U.S. Export Administration Regulations (EAR) to Huawei and its affiliates, as explained in our earlier client alert. The temporary general license aims to mitigate the impact of the Entity List designation on the operations of U.S. and foreign telecommunications providers with Huawei hardware and software, but does not provide broad relief from Entity List prohibitions. The general license is effective from May 20, 2019, to August 19, 2019.Read our <a href="https://protect-us.mimecast.com/s/Q1E5CjRO5BiKLOvqf5sH6n">client alert</a>

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John E. Smith, former Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), is co-head of Morrison Foerster’s National Security practice, and a member of the Crisis Management group and Investigations + White Collar group.

John E. Smith

John E. Smith, former Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), is co-head of Morrison Foerster’s National Security practice, and a member of the Global Risk + Crisis Management group and Investigations + White Collar group.

John Smith

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Commerce Issues Narrow License for Certain Transactions with Huawei

Watch Out: The Federal Trade Commission Continues to Watch the (Alleged) Watchers

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The Department of Commerce Bureau of Industry and Security (BIS) has issued a 90-day temporary general license exempting a set of transactions from the Entity L

Commerce Issues Narrow License for Certain Transactions with Huawei

The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Entity List,” a move that effectively cuts off Huawei from directly or indirectly acquiring U.S.-origin hardware, software, and technology. These new restrictions became effective at 4:15 p.m. Eastern time on May 16 when Commerce displayed the Federal Register Notice implementing the Entity List additions on the public inspection list. We expect more guidance to become available over the next several days as these restrictions are further implemented.Read our <a href="https://protect-us.mimecast.com/s/qwkzCrkMBpUPzRpOF4-bj4" target="_blank">client alert</a>.

Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

The U.S. Department of Commerce (Commerce) has added Huawei Technologies Co. Ltd. (Huawei) and its affiliates to the Bureau of Industry and Security (BIS) “Enti

Chinese Telecom Companies Under Fire: Commerce Moves to Cut Off Huawei From U.S. Technology, With More Restrictions Coming

On July 16, 2015, the European Court of Justice (ECJ) rendered its seminal decision in Huawei v. ZTE.  In its decision, the ECJ provided fundamental guidance for the licensing and enforcement of standard essential patents (SEPs) that are subject to a FRAND licensing commitment (i.e., a commitment by the patent owner to license those patents on fair, reasonable, and nondiscriminatory terms). While Huawei and ZTE have settled the patent dispute that gave rise to the ECJ’s judgment, the decision left it to courts in Germany and other European countries to apply and refine the general principles laid out by the ECJ. The case law on what is known as the “FRAND defense” in injunction proceedings is evolving and remains unsettled in important areas. Since our last update (see First German Decisions Applying the ECJ’s Huawei v. ZTE Framework on Injunctions for Standard Essential Patents), there have been several important decisions in Germany, the United Kingdom, and elsewhere that have applied and interpreted the Huawei v. ZTE guidelines.Read our <a href="https://protect-us.mimecast.com/s/o418C9rLGjHJlRB9h3_oxk">client alert</a>.

FRAND Case Law in Europe After Huawei v. ZTE