Author Info for MoFo Tech

Sejin Ahn

A New Year's Gift for Patent Applicants?

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty…more

Abstract Ideas, Inventions, Life Sciences, Patent Applications, Patent-Eligible Subject Matter

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Stacy Cline Amin

AI Trends For 2023 - AI Diagnostic Tools And Cybersecurity Risk

Cybersecurity is a key risk factor for emerging applications of artificial intelligence to medical devices. Products failing to address security risks may leave themselves vulnerable to cyberattacks. Bad actors target hospitals…more

Artificial Intelligence, Cybersecurity, Data Security, Food and Drug Administration (FDA), Popular

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Mehran Arjomand

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

Knowing what qualifies as prior art is a core requirement of patent practitioners—whether in life sciences, in the technology sectors or in post-grant proceedings. It is important to keep abreast of changes to the rules,…more

Appeals, MPEP, Patent Applications, Patent Prosecution, Patent Trial and Appeal Board

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Sana Ashcroft

Un-Levelling The Playing Field: The UK Declines To Implement The New EU Copyright Law

The UK has announced that it will not implement a key change in the EU copyright regime after Brexit. As a result, for affected businesses, consistent Europe-wide digital compliance in the post-Brexit era just became a little…more

Copyright, Corporate Counsel, EU, Intellectual Property Protection, UK

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Rebecca Balinskas

Don’t Snooze on Potential New Sales Tax Collection Obligations

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via the…more

Internet Retailers, Physical Presence Test, Sales Tax, SCOTUS, South Dakota v. Wayfair

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Kirsten Banks

UK Digital Services Tax, Effective From 1 April 2020

With effect from 1 April 2020, the UK will start to levy a digital services tax at a rate of 2% on digital services revenues that are attributable to UK users. The UK digital services tax (“UK DST”) is intended to apply to…more

Digital Services Tax, OECD, Tax Rates, UK

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Panagiotis Bayz

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Joseph Benkert

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Shouvik Biswas

A New Year's Gift for Patent Applicants?

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty…more

Abstract Ideas, Inventions, Life Sciences, Patent Applications, Patent-Eligible Subject Matter

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Jonathan Bockman

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

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task previously…more

Algorithms, Appeals, Artificial Intelligence, Innovative Technology, Machine Learning

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Erin Bosman

AI Trends For 2024 - AI: Product Or Service? Product Liability In The Age Of AI

Courts are increasingly being asked: is AI a product or a service? AI companies currently operate within an undefined products liability space. As companies continue to innovate with AI, courts must grapple with complicated…more

Artificial Intelligence, Automation Systems, Innovative Technology, Machine Learning

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Kevin Brown

AI Trends For 2024 - IRS Adopts AI-Powered Audit Selection Tools, Hires Technology-Focused Leadership

On December 13, 2023, the IRS revealed a revamped leadership structure, introducing Chief Information Officer and Chief Operating Officer positions to leverage technology more effectively. The move aligns with IRS Commissioner…more

Artificial Intelligence, Audits, IRS, Tax Evasion, Tax Fraud

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Matthew Cammarata

Don’t Snooze on Potential New Sales Tax Collection Obligations

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via the…more

Internet Retailers, Physical Presence Test, Sales Tax, SCOTUS, South Dakota v. Wayfair

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Charles Capito

AI TRENDS FOR 2022 - EXPORT CONTROL/CFIUS

AI and machine learning technologies remain a focus of the U.S. government’s national security apparatus. AI is a key sector in the Unites States’ race against China to remain at the forefront in the development and deployment…more

Artificial Intelligence, CFIUS, Export Controls, National Security, U.S. Commerce Department

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Anthony Carbone

AI Trends For 2024 - IRS Adopts AI-Powered Audit Selection Tools, Hires Technology-Focused Leadership

On December 13, 2023, the IRS revealed a revamped leadership structure, introducing Chief Information Officer and Chief Operating Officer positions to leverage technology more effectively. The move aligns with IRS Commissioner…more

Artificial Intelligence, Audits, IRS, Tax Evasion, Tax Fraud

See all updates »

John Carlin

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Anissa Chitour

AI Trends for 2025 - Plaintiffs’ Bar Targets “AI Washing” Disclosures.

One of the most noticeable securities litigation trends of 2024 has been the significant increase in artificial intelligence-related fraud claims. With companies in virtually all industries touting their use of AI to drive…more

Artificial Intelligence, Class Action, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Anita Choi

Top 10 Considerations In Licensing Cleantech Innovations

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas by…more

Bayh-Dole Act, Clean Tech, Critical Infrastructure Sectors, Emerging Technology Companies, Federal Funding

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Hogene Choi

Federal Circuit Agrees With The USPTO On Inventors: Only Human, After All

The Federal Circuit made headlines when it affirmed the U.S. District Court for the Eastern District of Virginia’s holding that an artificial intelligence (AI) cannot qualify as an “inventor” under the Patent Act – only (human)…more

Artificial Intelligence, Computer-Related Inventions, Intellectual Property Protection, Inventions, Inventors

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Susan Mac Cormac

AI Trends For 2023 - Ethical Technology As Part Of Environmental, Social, And Governance (ESG) Framework

Technology is known for solving some of the world’s most complex problems, especially through automation and AI. However, when the right guardrails are not in place, ethical issues arise, such as malfunctioning tools, data or…more

Artificial Intelligence, Environmental Social & Governance (ESG), Risk Management, Technology

See all updates »

Joshua Crawford

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

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task previously…more

Algorithms, Appeals, Artificial Intelligence, Innovative Technology, Machine Learning

See all updates »

Val Dahiya

AI Trends for 2025 - Regulatory Obligations Persist in the Face of Broker-Dealers’ Use of Gen AI

As generative artificial intelligence (Gen AI) tools rapidly evolve in 2025, FINRA member broker-dealers will be presented with both promising opportunities for investors and challenges in satisfying regulatory obligations. Gen…more

Artificial Intelligence, Broker-Dealer, Data Privacy, Disclosure Requirements, Financial Industry Regulatory Authority (FINRA)

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Dario de Martino

Transforming the U.S. Healthcare Industry with Blockchain Technology

Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators…more

Blockchain, Centers for Medicare & Medicaid Services (CMS), Distributed Ledger Technology (DLT), FinTech, Medical Records

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Andrew Dixon

Current State of the AI VC Financing Market

While the broader venture capital financing market continues to experience headwinds and turbulence, artificial intelligence (AI) deal activity has been a bright spot for companies and investors, with relatively robust deal…more

Artificial Intelligence, Global Marketplace, Initial Public Offering (IPO), Investors, Machine Learning

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Kristina Ehle

AI Trends For 2023 - Increasing Product Liability For AI And Software In The EU

The EU is ramping up strict and tort product liability for faulty AI and software. The current revision of the Product Liability Directive 85/374/EEC includes AI, software, and even digital services in the IoT space in the scope…more

Artificial Intelligence, Online Marketplace, Software, Strict Product Liability, Technology

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Katherine Elaine Erbeznik

AI Trends For 2024 - IRS Adopts AI-Powered Audit Selection Tools, Hires Technology-Focused Leadership

On December 13, 2023, the IRS revealed a revamped leadership structure, introducing Chief Information Officer and Chief Operating Officer positions to leverage technology more effectively. The move aligns with IRS Commissioner…more

Artificial Intelligence, Audits, IRS, Tax Evasion, Tax Fraud

See all updates »

Neusha Etemad

AI Trends For 2023 - FDA Regulatory

In September 2022, the U.S. Food & Drug Administration (FDA) released its Clinical Decision Support (CDS) Software Guidance and the final report on the Software Pre-Certification Pilot Program…more

Artificial Intelligence, Digital Health, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Medical Devices

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David Fang

AI Trends For 2024 - Retrieval-Augmented Generation (Rag) To Generate Richer Outputs

In 2023, generative AI took center stage—the year was filled with rapid advancements in the capabilities of large language models (LLMs). Heading into 2024, businesses continue to see great potential for generative AI and are…more

Artificial Intelligence, Machine Learning, Software Developers, Technology Sector

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Jacqueline Madeleine Feigl

Green Light For UPC

UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court…more

EU, Germany, Patents, Unified Patent Court, Unitary Patent

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Matthew Ferry

Top 10 Considerations In Licensing Cleantech Innovations

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas by…more

Bayh-Dole Act, Clean Tech, Critical Infrastructure Sectors, Emerging Technology Companies, Federal Funding

See all updates »

Craig Fields

Don’t Snooze on Potential New Sales Tax Collection Obligations

Until recently, retail sellers of goods and services were not required to collect sales tax unless they had a physical presence in a state. Sellers that operated primarily from one location and offered goods and services via the…more

Internet Retailers, Physical Presence Test, Sales Tax, SCOTUS, South Dakota v. Wayfair

See all updates »

Rick Fischer

Policy Makers Examine the Disparate Impact Risk of Artificial Intelligence and Underwriting

Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. The concerns surrounding AI echo views on credit scoring and automated underwriting systems…more

Artificial Intelligence, Black Box, Financial Institutions, Financial Services Industry, FinTech

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Edward Froelich

AI TRENDS FOR 2022 - THE IRS WILL USE INCREASED BUDGET RESOURCES TO ACHIEVE A MAIN OBJECTIVE

The IRS plans to audit the wealthiest corporate, partnership, and individual taxpayers to achieve some of its main objectives in 2022. In his recent testimony before Congress, IRS Commissioner Charles P. Rettig identified…more

Algorithms, Artificial Intelligence, Audits, Compliance, Federal Budget

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Susan Gault-Brown

First SEC Enforcement Action Against Unregistered Digital Token Exchange

Until November 8, 2018, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token (aka cryptocurrency) space have primarily focused on the primary issuances of tokens. However, on November…more

Corporate Counsel, Cryptocurrency, Digital Currency, Enforcement Actions, Initial Coin Offering (ICOs)

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Megan Gerking

Uncharted Territory: U.S. Antitrust Enforcement in the Technology Sector

Antitrust scrutiny of technology companies in the United States has reached an unprecedented level of intensity. In the last several months alone, (1) the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade…more

Antitrust Division, Department of Justice (DOJ), Digital Platforms, Federal Trade Commission (FTC), Investigations

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Christopher Gloria

A New Year's Gift for Patent Applicants?

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty…more

Abstract Ideas, Inventions, Life Sciences, Patent Applications, Patent-Eligible Subject Matter

See all updates »

Seth Graham

Japan’s Approach to AI Regulation in 2025

Following Shigeru Ishiba’s appointment as Prime Minister on October 1, 2024, Japan has been charting a cautious but innovation-friendly AI regulation strategy, culminating in a public announcement by the Prime Minister himself…more

Artificial Intelligence, Financial Services Industry, FinTech, Government Agencies, Japan

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Joseph Gratz

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Court’s and U.S. Copyright Office’s decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer scientist…more

Appeals, Artificial Intelligence, Automation Systems, Copyright, Copyright Litigation

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Robert Grohmann

Recent Developments Regarding Patent Injunctions In Germany

The German patent system has repeatedly proven to provide reliable and effective means to enforce patent rights against infringers. There are three key reasons why the German patent system is so attractive for patentees when…more

Court of Justice of the European Union (CJEU), FRAND, Germany, Patent Infringement, Patents

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Justin Haan

AI Trends For 2024 - Retrieval-Augmented Generation (Rag) To Generate Richer Outputs

In 2023, generative AI took center stage—the year was filled with rapid advancements in the capabilities of large language models (LLMs). Heading into 2024, businesses continue to see great potential for generative AI and are…more

Artificial Intelligence, Machine Learning, Software Developers, Technology Sector

See all updates »

Lindsay Harris

U.S. Senate AI Working Group Publishes AI Policy Roadmap

On May 15th, after nearly a year of study, the Bipartisan U.S. Senate AI Working Group released its Roadmap for Artificial Intelligence (AI) Policy in the United States Senate. Based on insights collected during three…more

Anti-Discrimination Policies, Artificial Intelligence, Bureau of Labor Statistics, Civil Rights Act, Consumer Protection Laws

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Daphne Higgs

AI Trends For 2024 - Voluntary Commitments By Companies To Responsible AI

Generative artificial intelligence exploded into public consciousness in 2023. With increased public awareness inevitably came increased regulatory scrutiny, both in the United States and abroad. While there is little doubt that…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Health and Human Services (HHS), Innovative Technology

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Michael Hilkin

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

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…more

Live Streaming, Tax Revenues, Telecommunications

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Christin Hill

AI Trends for 2025 - Plaintiffs’ Bar Targets “AI Washing” Disclosures.

One of the most noticeable securities litigation trends of 2024 has been the significant increase in artificial intelligence-related fraud claims. With companies in virtually all industries touting their use of AI to drive…more

Artificial Intelligence, Class Action, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Bethany Hills

AI TRENDS FOR 2022 - FDA REGULATORY

FDA is actively monitoring the use of AI and machine learning (ML) software in medical devices and clinical developments, and has taken a number of first steps in building out a regulatory framework. In 2021, FDA published the…more

Artificial Intelligence, Food and Drug Administration (FDA), Life Sciences, Machine Learning, Medical Devices

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Yiyang Huang

Transforming the U.S. Healthcare Industry with Blockchain Technology

Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators…more

Blockchain, Centers for Medicare & Medicaid Services (CMS), Distributed Ledger Technology (DLT), FinTech, Medical Records

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Trevor James

The UK’s Last Budget Before Brexit – Tech, Tax and Temerity

A digital services tax for “tech giants”, additional conditions for Entrepreneurs’ Relief, amendments to the loss relief rules, and a host of tax-avoidance measures: we outline the key tax proposals from the Autumn Budget…more

Digital Services, Entrepreneurs, EU, Tax Reform, Tax Relief

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Amy Josselyn

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Daniel Kahan

First SEC Enforcement Action Against Unregistered Digital Token Exchange

Until November 8, 2018, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token (aka cryptocurrency) space have primarily focused on the primary issuances of tokens. However, on November…more

Corporate Counsel, Cryptocurrency, Digital Currency, Enforcement Actions, Initial Coin Offering (ICOs)

See all updates »

Evan Kim

Japan’s Approach to AI Regulation in 2025

Following Shigeru Ishiba’s appointment as Prime Minister on October 1, 2024, Japan has been charting a cautious but innovation-friendly AI regulation strategy, culminating in a public announcement by the Prime Minister himself…more

Artificial Intelligence, Financial Services Industry, FinTech, Government Agencies, Japan

See all updates »

Spencer Klein

Transforming the U.S. Healthcare Industry with Blockchain Technology

Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators…more

Blockchain, Centers for Medicare & Medicaid Services (CMS), Distributed Ledger Technology (DLT), FinTech, Medical Records

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Michael Komorowski

AI Trends for 2025 - Plaintiffs’ Bar Targets “AI Washing” Disclosures.

One of the most noticeable securities litigation trends of 2024 has been the significant increase in artificial intelligence-related fraud claims. With companies in virtually all industries touting their use of AI to drive…more

Artificial Intelligence, Class Action, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Jim Krenn

Current State of the AI VC Financing Market

While the broader venture capital financing market continues to experience headwinds and turbulence, artificial intelligence (AI) deal activity has been a bright spot for companies and investors, with relatively robust deal…more

Artificial Intelligence, Global Marketplace, Initial Public Offering (IPO), Investors, Machine Learning

See all updates »

Stephan Kreß

AI Trends For 2023 - Increasing Product Liability For AI And Software In The EU

The EU is ramping up strict and tort product liability for faulty AI and software. The current revision of the Product Liability Directive 85/374/EEC includes AI, software, and even digital services in the IoT space in the scope…more

Artificial Intelligence, Online Marketplace, Software, Strict Product Liability, Technology

See all updates »

Hanna Lauritzen

AI Trends for 2025 - Plaintiffs’ Bar Targets “AI Washing” Disclosures.

One of the most noticeable securities litigation trends of 2024 has been the significant increase in artificial intelligence-related fraud claims. With companies in virtually all industries touting their use of AI to drive…more

Artificial Intelligence, Class Action, Compliance, Corporate Governance, Disclosure Requirements

See all updates »

Whitney Lee

Strengthened AI Oversight in the Netherlands

EU countries will need to designate supervisory authorities (SAs) for the EU AI Act by August 2025. Contrary to GDPR, for example, a single country is allowed to appoint multiple AI SAs. Furthermore, an SA could be appointed to…more

Artificial Intelligence, Data Protection Authority, EU, European Supervisory Authorities (ESAs), General Data Protection Regulation (GDPR)

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Lily Li

AI Trends For 2024 - The “Abstract Ideas” Behind Artificial Intelligence Inventions

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI) trends…more

Abstract Ideas, Algorithms, Alice/Mayo, Artificial Intelligence, Innovative Technology

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Robert Litt

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Jeremy Mandell

AI Trends for 2025 - AI and Financial Services: Balancing Innovation with Regulatory Compliance

As the adoption of artificial intelligence (AI) continues to expand, the financial services industry is leveraging this technology in many ways. AI’s application in credit decision making has become increasingly prominent,…more

Artificial Intelligence, Compliance, Credit, Financial Institutions, Financial Services Industry

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Austin Marsh

Employment Practices and Future Technologies - Taking the Human Out of Human Resources

The machines are taking over. Not always apparent, but Artificial Intelligence (AI) and machine learning (ML) are finding footholds in numerous industries. One area in which AI is rapidly on the rise relates to employment…more

Artificial Intelligence, Big Data, Black Box, Hiring & Firing

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Alistair Maughan

AI Trends For 2023 - UK Targets Innovation Not Regulation For AI Sector

During 2023, the UK will continue to position itself as a leader in the AI sector—by emphasizing support for the AI industry rather than pushing forward a legislative agenda…more

Artificial Intelligence, Computer-Related Inventions, Data Mining, Innovation, Intellectual Property Protection

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Steven McKeever

AI Trends For 2024 - The “Abstract Ideas” Behind Artificial Intelligence Inventions

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI) trends…more

Abstract Ideas, Algorithms, Alice/Mayo, Artificial Intelligence, Innovative Technology

See all updates »

Vishal Mehta

Uncharted Territory: U.S. Antitrust Enforcement in the Technology Sector

Antitrust scrutiny of technology companies in the United States has reached an unprecedented level of intensity. In the last several months alone, (1) the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade…more

Antitrust Division, Department of Justice (DOJ), Digital Platforms, Federal Trade Commission (FTC), Investigations

See all updates »

Briana Erin Mittleman

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

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task previously…more

Algorithms, Appeals, Artificial Intelligence, Innovative Technology, Machine Learning

See all updates »

Michael O'Bryan

AI Trends for 2025 - Dirty Data Damaging Deals – Data Issues in AI M&A

2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (“AI”) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing…more

Acquisitions, Artificial Intelligence, Compliance, Data Privacy, Data Protection

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Julie O'Neill

Transforming the U.S. Healthcare Industry with Blockchain Technology

Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators…more

Blockchain, Centers for Medicare & Medicaid Services (CMS), Distributed Ledger Technology (DLT), FinTech, Medical Records

See all updates »

Oluwabamise Onabanjo

AI Trends For 2023 - Ethical Technology As Part Of Environmental, Social, And Governance (ESG) Framework

Technology is known for solving some of the world’s most complex problems, especially through automation and AI. However, when the right guardrails are not in place, ethical issues arise, such as malfunctioning tools, data or…more

Artificial Intelligence, Environmental Social & Governance (ESG), Risk Management, Technology

See all updates »

Julie Park

AI Trends For 2024 - AI: Product Or Service? Product Liability In The Age Of AI

Courts are increasingly being asked: is AI a product or a service? AI companies currently operate within an undefined products liability space. As companies continue to innovate with AI, courts must grapple with complicated…more

Artificial Intelligence, Automation Systems, Innovative Technology, Machine Learning

See all updates »

Rachel Park

AI TRENDS FOR 2022 - EXPORT CONTROL/CFIUS

AI and machine learning technologies remain a focus of the U.S. government’s national security apparatus. AI is a key sector in the Unites States’ race against China to remain at the forefront in the development and deployment…more

Artificial Intelligence, CFIUS, Export Controls, National Security, U.S. Commerce Department

See all updates »

Obrea O. Poindexter

Policy Makers Examine the Disparate Impact Risk of Artificial Intelligence and Underwriting

Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. The concerns surrounding AI echo views on credit scoring and automated underwriting systems…more

Artificial Intelligence, Black Box, Financial Institutions, Financial Services Industry, FinTech

See all updates »

Karen Potter

A New Year's Gift for Patent Applicants?

USPTO Clarifies Subject Matter Eligibility with New Guidance - The USPTO rang in the new year by releasing new Examiner Guidance that could potentially benefit patent applicants who have previously encountered difficulty…more

Abstract Ideas, Inventions, Life Sciences, Patent Applications, Patent-Eligible Subject Matter

See all updates »

Tiffany Quach

Service-level Agreement Basics

Given the broad use and relative importance of service-level agreements (SLAs) in a variety of contexts, in this blog post, we provide an overview of the basics of SLAs and what they should address. An SLA is an important part…more

Cloud Computing, Cloud Service Providers (CSPs), Goods or Services, SaaS, Service Credits

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Ashley Quinn

AI Trends For 2024 - AI: Product Or Service? Product Liability In The Age Of AI

Courts are increasingly being asked: is AI a product or a service? AI companies currently operate within an undefined products liability space. As companies continue to innovate with AI, courts must grapple with complicated…more

Artificial Intelligence, Automation Systems, Innovative Technology, Machine Learning

See all updates »

Mary Race

Transforming the U.S. Healthcare Industry with Blockchain Technology

Patients accumulate vast quantities of healthcare data over the course of their lives. Those data are generally housed in centralized servers operated by various unrelated industry participants, including government regulators…more

Blockchain, Centers for Medicare & Medicaid Services (CMS), Distributed Ledger Technology (DLT), FinTech, Medical Records

See all updates »

Wendy Ray

AI TRENDS FOR 2022 - AUGMENTED REALITY AND DIGITAL TWIN TECHNOLOGY

Over the past few years, companies have piloted efforts to use augmented reality and digital twin technology to reduce development time and operating costs, speed up time to market, and enhance product or service development. A…more

Artificial Intelligence, Augmented Reality, ISOs, Technology

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Emily Jane Roberts, Ph.D.

Top 10 Considerations In Licensing Cleantech Innovations

Spurred by both planetary and economic needs, the industry commonly referred to as “cleantech”—short for “clean technology”—has been on the rise. Current estimates predict clean energy technologies could dominate oil and gas by…more

Bayh-Dole Act, Clean Tech, Critical Infrastructure Sectors, Emerging Technology Companies, Federal Funding

See all updates »

Matt Robinson

AI Trends For 2023 - Budgeting For The Future Of AI

In 2020, Congress passed the National Artificial Intelligence Initiative Act (NAIIA) to strengthen Artificial Intelligence (AI) advances and innovations across multiple sectors by providing investments to National AI Research…more

Artificial Intelligence, Department of Defense (DOD), Department of Energy (DOE), Department of Veterans Affairs, NIST

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Kathleen Ryan

Policy Makers Examine the Disparate Impact Risk of Artificial Intelligence and Underwriting

Policy makers are showing increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. The concerns surrounding AI echo views on credit scoring and automated underwriting systems…more

Artificial Intelligence, Black Box, Financial Institutions, Financial Services Industry, FinTech

See all updates »

Mercedes Samavi

Determining Liability For Illegal Uploads To Online Platforms: An ECJ Opinion Decides In Favour Of Platform Operators

Online platform operators have a rare cause to be cautiously optimistic at news from the European court. In a recently-published European Court of Justice (ECJ) opinion, Advocate General Henrik Saugmandsgaard Øe stated that,…more

Advocate General, Copyright, Corporate Counsel, Digital Downloads, EU

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Marisa Sanders

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

Knowing what qualifies as prior art is a core requirement of patent practitioners—whether in life sciences, in the technology sectors or in post-grant proceedings. It is important to keep abreast of changes to the rules,…more

Appeals, MPEP, Patent Applications, Patent Prosecution, Patent Trial and Appeal Board

See all updates »

Wolfgang Schönig

Green Light For UPC

UPC – And it got up again- Having been sent down for the count by constitutional complaints in Germany, the road finally seems paved for the Unified Patent Court. On July 9, 2021, the German Federal Constitutional Court…more

EU, Germany, Patents, Unified Patent Court, Unitary Patent

See all updates »

Tessa Schwartz

AI Executive Order – Patent Issues

President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence was issued on November 1, 2023, and has made waves throughout the AI industry. Morrison Foerster has been…more

Artificial Intelligence, Emerging Technologies, Executive Orders, Inventions, Inventors

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Chere See

AI Trends for 2025 - Dirty Data Damaging Deals – Data Issues in AI M&A

2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (“AI”) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing…more

Acquisitions, Artificial Intelligence, Compliance, Data Privacy, Data Protection

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Stephanie Lynn Sharron

AI Trends For 2024 - Vendor Procurement Practices And Generative AI

Vendor procurement practices will continue to evolve in 2024 to reflect corporate AI risk management and governance policies. While companies are beginning to appreciate that vendor work product may be developed using AI tools…more

Artificial Intelligence, Authorship, Innovative Technology, Machine Learning, The Copyright Act

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Shane Shelley

AI TRENDS FOR 2022 - THE IRS WILL USE INCREASED BUDGET RESOURCES TO ACHIEVE A MAIN OBJECTIVE

The IRS plans to audit the wealthiest corporate, partnership, and individual taxpayers to achieve some of its main objectives in 2022. In his recent testimony before Congress, IRS Commissioner Charles P. Rettig identified…more

Algorithms, Artificial Intelligence, Audits, Compliance, Federal Budget

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Alfredo Silva

First SEC Enforcement Action Against Unregistered Digital Token Exchange

Until November 8, 2018, the enforcement actions of the U.S. Securities and Exchange Commission (SEC) in the digital token (aka cryptocurrency) space have primarily focused on the primary issuances of tokens. However, on November…more

Corporate Counsel, Cryptocurrency, Digital Currency, Enforcement Actions, Initial Coin Offering (ICOs)

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Lisa Silverman

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

Knowing what qualifies as prior art is a core requirement of patent practitioners—whether in life sciences, in the technology sectors or in post-grant proceedings. It is important to keep abreast of changes to the rules,…more

Appeals, MPEP, Patent Applications, Patent Prosecution, Patent Trial and Appeal Board

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Nicholas Spiliotes

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

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”…more

Advanced Notice of Proposed Rulemaking (ANPRM), Bureau of Industry and Security (BIS), CFIUS, Export Controls, Investment

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Marijn Storm

Strengthened AI Oversight in the Netherlands

EU countries will need to designate supervisory authorities (SAs) for the EU AI Act by August 2025. Contrary to GDPR, for example, a single country is allowed to appoint multiple AI SAs. Furthermore, an SA could be appointed to…more

Artificial Intelligence, Data Protection Authority, EU, European Supervisory Authorities (ESAs), General Data Protection Regulation (GDPR)

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Christiane Stuetzle

Generative artificial intelligence (“GenAI”) challenges EU copyright law, from the AI training to the protectability and liability risks of its output. The EU’s forthcoming AI Act takes first steps towards AI-specific regulation…more

Artificial Intelligence, Copyright, Data Mining, EU, Machine Learning

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Sara Talebian

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Court’s and U.S. Copyright Office’s decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer scientist…more

Appeals, Artificial Intelligence, Automation Systems, Copyright, Copyright Litigation

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William Tarantino

AI Trends For 2023 - Environmental Law

The advent of AI is drastically changing the environmental law landscape. Until recently, it was nearly impossible to track the environmental impacts of corporate activities or products. The sheer immensity and complexity of the…more

Artificial Intelligence, Environmental Policies, Greenwashing, Technology

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Rebecca Tesfaye

AI Trends for 2025 - AI and Financial Services: Balancing Innovation with Regulatory Compliance

As the adoption of artificial intelligence (AI) continues to expand, the financial services industry is leveraging this technology in many ways. AI’s application in credit decision making has become increasingly prominent,…more

Artificial Intelligence, Compliance, Credit, Financial Institutions, Financial Services Industry

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Hanno Timner

Transforming Tomorrow: The Rise of AI in the Workplace

In 2025, tools relying on sophisticated AI will increasingly be applied in the workplace. This will certainly go far beyond AI-based pre-selection processes for job applicants and work allocation software, e.g., in large…more

Artificial Intelligence, Employee Privacy Rights, European Data Protection Board (EDPB), Job Applicants, Software

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Alex van der Wolk

AI Trends For 2024 - Privacy Regulators Will Increase Scrutiny Of Data Collection For AI Training

Privacy regulators, including the EU data protection authorities (EU DPAs), are expected to increase their scrutiny of data scraping to train AI algorithms. Data scraping involves the collection of large amounts of publicly…more

Artificial Intelligence, Data Collection, Data Protection Authority, EU, Privacy Laws

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Marian Waldmann Agarwal

AI Trends For 2024 - U.S. State Consumer Privacy Laws’ Focus On Automated Decision-Making And Profiling

U.S. state legislatures will continue integrating requirements for profiling and automated decision-making into consumer privacy laws, reflecting the growing impact and influence of AI. All comprehensive state consumer privacy…more

Artificial Intelligence, Automated Decision Systems (ADS), Bias, California Privacy Protection Agency (CPPA), Machine Learning

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Heather Whitney

AI Trends For 2024 - Voluntary Commitments By Companies To Responsible AI

Generative artificial intelligence exploded into public consciousness in 2023. With increased public awareness inevitably came increased regulatory scrutiny, both in the United States and abroad. While there is little doubt that…more

Artificial Intelligence, Biden Administration, Cybersecurity, Department of Health and Human Services (HHS), Innovative Technology

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Jeffrey Gerard Young

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

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task previously…more

Algorithms, Appeals, Artificial Intelligence, Innovative Technology, Machine Learning

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Anna Yuan

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

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task previously…more

Algorithms, Appeals, Artificial Intelligence, Innovative Technology, Machine Learning

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