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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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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On 28 June 2018, the United Kingdom Prudential Regulation Authority (PRA) published a letter to the CEOs of banks, insurance companies and designated investment firms to communicate the PRA’s expectations regarding firms’ exposure to crypto-assets. In particular, the letter flagged the risks associated with crypto-assets and each firm’s responsibility to comply with the PRA’s Fundamental Rules 3, 5 and 7.The letter highlighted several risk mitigation strategies and systems that the PRA considers necessary to protect against exposure to crypto-assets. The PRA also outlined their expectations with regard to classifications of crypto-assets and reminded firms to continue to update the PRA of any planned crypto-asset exposure or activity. Discussions around the prudential treatment of crypto-assets are currently ongoing among authorities (both nationally and internationally) and the PRA will communicate any supervisory or policy updates in due course.

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UK PRA's 'Dear CEO' Letter on Exposure to Crypto-Assets

UK Regulations: Urgent Action Required from Loan-Based Crowdfunding Platforms

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On 28 June 2018, the United Kingdom Prudential Regulation  Authority (PRA) published a letter to the CEOs of banks, insurance  companies and designated investme

UK PRA's 'Dear CEO' Letter on Exposure to Crypto-Assets

On 7 August, 2018, the UK’s Financial Conduct Authority (FCA) announced that it has, in collaboration with 11 other financial regulators and related organisations, including the Monetary Authority of Singapore and the Hong Kong Monetary Authority, created the Global Financial Innovation Network (GFIN) to provide a more efficient way for innovative firms operating in multiple jurisdictions to interact with regulators. The GFIN encourages innovative financial services firms, financial services regulators, technology companies, technology providers, trade bodies, accelerators, consumer groups and other stakeholders to read and respond to the various questions it poses in the consultation document.

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Announcing the Global Financial Innovation Network

Why Should Your Startup Care About Intellectual Property?

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On 7 August, 2018, the UK’s Financial Conduct Authority (FCA) announced that it has, in collaboration with 11 other financial regulators and related organisatio

Announcing the Global Financial Innovation Network

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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Of Counsel

Rebecca Midori Ulich-Balinskas is of counsel in the State and Local Tax Group in Morrison & Foerster’s New York office. Her practice focuses on state and local tax controversies at the audit, administ

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

The European Union’s legislators have reached an agreement on the revision of the EU’s Audiovisual Media Services Directive (AVMSD). The reform aims at providing a uniform legal and market framework for different types of video streaming services provided via the Internet, and a more level playing field for all stakeholders. It introduces new advertising rules and a quota on the provision of European content, as well as provisions to secure enhanced protection for minors and to suppress “hate speech”.Read our <a href="https://protect-us.mimecast.com/s/yaw8Co268mtQwPQZCV8h69">client alert</a>.

DocuSign, Inc

enercity AG

SoftBank Vision Fund

TDK and its subsidiary EPCOS

Tele Columbus

United Internet/1&1

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Kristina has more than 20 years of experience advising clients across many industries, including the software, internet, mobility, media, and consumer electronics industries, with a particular focus o

Kristina Ehle

Kristina Ehle has more than 20 years of experience advising clients across many industries, including the software, internet, mobility, media, and consumer electronics industries, with a particular focus on technology-driven and IP-heavy transactions.

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Digital Single Market Update: Revision of the European Union’s Audiovisual Media Services Directive

Court Allows Microsoft to Challenge Secrecy of User Data Requests

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The European Union’s legislators have reached an agreement on the revision of the EU’s Audiovisual Media Services Directive (AVMSD). The reform aims at providin

Digital Single Market Update: Revision of the European Union’s Audiovisual Media Services Directive

The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technological and market changes. And, not only has the outdated regime failed to help the European telecoms sector to overcome the fragmentation of the EU into national markets but, even worse, an inconsistent implementation of EU rules at the Member State level has added to the regulatory uncertainty.As a result, the European Commission now seeks to achieve a far-reaching overhaul of the current framework as part of its Digital Single Market (DSM) strategy. The new proposed rules would not only affect all operators and providers of traditional electronic communications networks and services, they would also make operators of “over the top” (OTT) communications services subject to telecoms regulation, e.g. services like messaging apps that are provided via the Internet.Read our <a href="https://protect-us.mimecast.com/s/0diIC73WYMuOLAzzUPGj0x">client alert</a>.

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Managing Partner, Berlin

Andreas is managing partner of Morrison & Foerster’s German office in Berlin and a member of the firm’s worldwide board of directors. He heads the German antitrust and regulatory practice from our Ber

Andreas Grünwald

Andreas Grünwald is a partner in the Global Antitrust Law Practice Group, and head of Morrison & Foerster’s German antitrust practice. He covers a wide range of antitrust and regulatory matters, with a particular focus on the telecommunications, media and technology (TMT) sector. Based in our Berlin and Brussels offices, Mr. Grünwald provides antitrust advice on M&A strategy, represents public and private corporations in merger control proceedings before the German Federal Cartel Office and the European Commission, and he has notable experience in coordinating multi-jurisdictional merger filings involving European, U.S., and Asian authorities. He also advises on other transactional matters such as sector-specific permit requirements as they often arise in regulated industries.

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Counsel

Christoph advises national and international clients on a broad range of regulatory questions and has particular industry-specific experience in the areas of technology, media, and telecommunication.


Christoph Nüßing

Christoph Nüßing is a senior associate at Morrison Foerster’s German office in Berlin. He advises German and international clients on a broad range of regulatory questions and has particular industry-specific experience in the areas of technology, media and telecommunication.

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New Rules for the European Telecoms Sector: The European Electronic Communications Code

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

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The existing European telecoms regulatory framework has not undergone any major amendments since 2009. The EU regulatory regime has been overtaken by technologi

New Rules for the European Telecoms Sector: The European Electronic Communications Code

Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright law to reflect the digital age.For the past two years, the Commission has been pushing forward with a series of proposals designed to achieve its aim of a more modern copyright law that takes account of the features and potential uses of digital technology and widens the degree of European cross-border access to protected works online.Read our <a href="https://protect-us.mimecast.com/s/on7BCYElrZFQrWG1uQnUhz">client alert</a>.

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Co-Chair Global Film & Entertainment Practice

Christiane Stuetzle is a partner in Morrison Foerster's German office in Berlin and Co-Chair of the firm's Global Film & Entertainment Practice.

Christiane Stuetzle

Christiane Stuetzle is a partner of Morrison Foerster (International) LLP, based in the Berlin office. She is the Co-Chair of the Global Film & Entertainment Practice of Morrison & Foerster. She is a Certified Specialist for Copyright and Media Law & Arbitrator on the International Arbitration Panel of the IFTA (Independent Film & Television Alliance).

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With her enthusiasm for technology-driven issues, Patricia Ernst has built a recognized practice at the interface of compliance and technology.

Patricia C. Ernst

Patricia Ernst is a counsel in Morrison Foerster’s Berlin office and a member of our Corporate Department. She advises German and international clients on all aspects of intellectual property law with an emphasis on copyright and media law matters. Her practice focusses on film, media and entertainment.

Patricia Ernst

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EU Copyright Reform Update - How Far Have We Come?

ECJ Strengthens Position of Media Industry in Fight Against Piracy

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Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market in the EU. The European Commission’s view 

EU Copyright Reform Update - How Far Have We Come?

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.