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AI Dynamics: Regulatory Landscape and Industry Insights

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On November 19, 2024, Morrison Foerster’s Tokyo office hosted a conference on AI Dynamics: Regulatory and Industry...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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On November 19, 2024, Morrison Foerster’s Tokyo office hosted a conference on AI Dynamics: Regulatory and Industry Insights.Takayuki Sako, Deputy Director, Digital Economy Division, Ministry of Economy, Trade and Industry (METI) shared his vision for Japan’s commitment to fostering an environment conducive to AI adoption—and the integration of AI into society.MoFo partners Joe Gratz and Justin Haan followed Mr. Sako with an overview on the state of AI development and current issues.Read the full <a href="https://mofotech.mofo.com/topics/ai-dynamics-regulatory-landscape-and-industry-insights" target="_blank">blog post</a>.

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Seth Graham is a partner in Morrison & Foerster’s Technology Transactions Group and advises clients on a wide range of transactional matters involving technology and intellectual property, including licensing arrangements, technology transfers, outsourcing transactions, development agreements, and other commercial and services arrangements.Seth has over 15 years of experience in the U.S. and Asia advising clients on cross-border IP matters, with a focus on the IT, pharmaceutical, semiconductor and telecommunication industries. Seth regularly counsels clients with respect to software and content licensing arrangements, trademark licenses and branding strategies, outsourcing and cloud computing transactions, and joint development arrangements, as well as on issues regarding open source software, artificial intelligence (AI) and blockchain applications. Seth also assists clients with complex patent licensing arrangements and on intellectual property issues relevant to emerging company investments and project finance and development activities. He has represented client such as SoftBank, Fujitsu, Toshiba, Otsuka and Yahoo! Japan, amongst others.Seth also has extensive experience advising on adversarial litigation negotiations and settlements, in- and out-bound licensing arrangements across Asia, and mergers and acquisitions, restructurings, joint ventures and other corporate transactions. Seth provides pro bono legal services to Médecins Sans Frontières and other not-for-profit organizations in connection with establishing and enforcing their intellectual property rights.Seth has been consistently recognized for his work in the technology, media and telecommunications (TMT) space by Chambers Asia-Pacific and The Legal 500 Asia Pacific, and was named as an “Asia Super 50 TMT Lawyer” by Asian Legal Business. Clients comment that Seth has “great negotiation skills” and is their “go to lawyer for IP and cross-border matters” (Legal 500 2024) and that his “service and understanding of our business remains one of main reasons we use Morrison Foerster” (Chambers 2023).  Seth is admitted to practice in New York and California, and is a Gaikokuho-Jimu-Bengoshi in Japan.

Seth M. Graham

Partner

Justin Haan is a partner in the firm’s Technology Transactions Group in the San Francisco office, advising leading technology industry pioneers to help them navigate their most critical IP and technology needs.Justin’s practice focuses on transactions and counseling involving intellectual property and technology, including licensing arrangements, technology transfers, and joint development activities. Justin structures, drafts, and negotiates a wide range of commercial agreements, including software and content licenses, service agreements, reseller arrangements, and collaboration, manufacturing, supply and distribution agreements. He advises clients on the development, procurement and commercialization of cutting-edge technologies, including artificial intelligence, machine learning, augmented/virtual reality, semiconductors, cloud computing services, autonomous vehicles, and unmanned aircraft systems. Justin also counsels clients on open source software, complex patent-related transactions, and the intellectual property aspects of M&A transactions. Justin’s experience includes advising OpenAI, Arm, Autodesk, Meta, Salesforce, SoftBank, Unity, and others on the IP aspects of complex projects involving cutting-edge technologies and fast-evolving areas of law. Justin serves on the firm’s AI industry committee, where he helps to lead and collaborate with attorneys across multiple practices on the rapid advances of generative AI. Justin is also a sought–after speaker and thought leader on artificial intelligence and has spoken at SXSW on the subject of multimodal AI.Before joining the firm, Justin was an intellectual property associate in the New York office of another global law firm.Justin received his J.D., with a certificate in law and technology, from the University of California, Berkeley School of Law, where he won the Prosser Prize in intellectual property in the entertainment industries and was an articles editor for the Berkeley Technology Law Journal. He received his A.B. from Harvard University.

Justin Haan

Tim Chen Saulsbury co-chairs the firm’s global IP Litigation Group and cross-disciplinary Intellectual Property Group. He represents many of the world’s leading technology companies in high-stakes patent and technology disputes and has served as lead counsel for the likes of VMware, Zoom, Atlassian, Pinterest, Wix.com, and Tonal. His experience spans all aspects of trial and appellate practice.Tim’s track record has resulted in recognition from leading publications. IAM Patent 1000 describes Tim as a “formidable lead trial attorney,” highlighting wins for Zoom and others.  Bloomberg Law named Tim one of the top 40 lawyers in the country under 40, and the Daily Journal labeled him one of the “Top Intellectual Property Lawyers” in California. He also was recognized by the Daily Journal as one of California’s top 40 lawyers under the age of 40, on Benchmark Litigation’s 40 & Under Hot List, and by The Legal 500 (for Copyright, Patent Licensing, Patent Litigation, and Trade Secrets).Tim’s recent highlights include:<ul><li>As lead counsel for the country’s largest integrated healthcare system, Tim secured a complete summary judgment victory in a $900M+ trade secret case involving wearable medical device technologies, earning him Litigator of the Week runner up honors in The American Lawyer.</li><li>As lead counsel for Zoom in a six-patent case involving end-to-end encryption technology, Tim defended against claims seeking $100M+ annually and amounting to $1.5B+ over the life of the patents. After winning successive dismissal motions, Zoom moved to dismiss the entire case with prejudice. The Court issued a tentative ruling indicating that it was inclined to grant the motion, and the case promptly resolved.</li><li>A complete defense verdict in a competitor patent trial involving USB technology that powers Apple CarPlay. Tim’s cross-examination of the lead inventor was later described as a “climactic moment” and potentially “a big reason why the jury would later reject Microchip’s case.”</li><li>In the months leading up to that trial, Tim put together a streak of five complete walkaways as lead counsel for Zoom, Atlassian, and Brightcove.</li></ul>Tim also maintains an active pro bono docket, serving as full scope counsel in a range of cases—including FTCA, First Amendment, wrongful termination, and Section 1983 prisoners’ rights matters—and representing victims of violence in immigration proceedings.Prior to joining MoFo, Tim was a partner at a national trial boutique, where he built his practice representing major technology companies in high-stakes intellectual property matters and served on the firm’s management committee.

Timothy Chen Saulsbury

Aya Eguchi is a partner in the Technology Transactions Group.  Her practice focuses on transactions and counseling involving intellectual property and technology, with an emphasis on licensing and distribution arrangements, technology development and strategic alliance activities and technology transfers.Ms. Eguchi advises clients on transactional matters involving the acquisition, development, licensing and transfer of intellectual property, including the structuring and negotiating of joint ventures and strategic alliances; development and distribution agreements; software and technology licenses; and intellectual property components of mergers and acquisitions and other corporate transactions. As a native Japanese speaker, Ms. Eguchi has extensive experience working on cross-border transactions with clients from a variety of fields, including companies in the pharmaceutical, life sciences and medical device industries; software, IT and telecommunications companies; and multinational technology conglomerates.  She also provides pro bono legal services to several not-for-profit entities in connection with their commercial and intellectual property-related transactions.Before joining Morrison & Foerster, Ms. Eguchi worked as an IT consultant for a Fortune Global 500 management consulting firm, in Japan, Italy, France and the UK, focusing on strategic counseling for the design, development and implementation of technology solutions.Ms. Eguchi earned her J.D. from Cornell Law School in 2012, where she was a member of the Cornell Law Review.  Ms. Eguchi received her B.S.E. in both Biomedical Engineering and Electrical Engineering from Duke University in 2005. Ms. Eguchi is admitted to practice law in the state of California and is a registered patent agent with the U.S. Patent and Trademark Office.

Aya Eguchi

Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients. Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).A recognized commentator on copyright and internet law, Joe was selected as an advisor for the American Law Institute’s project to develop a Restatement of Copyright, and serves on the Advisory Board of the Electronic Frontier Foundation. He frequently speaks on emerging issues in Internet law and was called upon by the Senate Judiciary Committee in 2020 to testify about the interaction between the DMCA 512 safe harbor and fair use. Joe was the 2022 recipient of the California Lawyers Association’s IP Vanguard award, presented to one private practitioner each year for achievements at the forefront of emerging issues in intellectual property law.

Joseph Gratz

Yuka is Co-Head of the Tokyo Litigation Department and focuses her practice on representing technology clients in IP and commercial disputes. She has experience representing clients in U.S. federal courts, the International Trade Commission, and Japanese courts, and manages global strategy in cases spanning multiple jurisdictions. Also, she regularly counsels clients on various legal challenges they face during product development, manufacturing, and distribution. Her matters have involved a wide range of technologies, including computer hardware and software, communications networks, automotive components, semiconductor devices, and medical devices.Yuka is an active member of the Licensing Executives Society. She also regularly lectures and moderates panels at patent-related conferences. Before joining the firm, Yuka clerked for the Honorable Randall R. Rader, Chief Judge at the U.S. Court of Appeals for the Federal Circuit.Yuka received her B.S. in computer science from Stanford University and her J.D. from The George Washington University Law School.Yuka is a native Japanese speaker.

Yuka Teraguchi

Chie Yakura is a partner of the Litigation Department of Morrison Foerster Law Offices. She represents both non-Japanese and Japanese corporations in a wide range of complex litigation matters with an emphasis on intellectual property, technology transactions and trade secrets, antitrust/competition law, as well as cross-border contractual and commercial disputes and product liability matters. Chie also focuses on anti-corruption and compliance matters and conducts internal investigations. She has handled cases in a variety of industries, including software, hardware, consumer electronics, pharmaceuticals, biotechnology, transportation, real estate and manufacturing.Chie received her LL.B. from Kyoto University in 1999 and graduated from the Legal Training and Research Institute of the Supreme Court of Japan in 2000. Chie also received an LL.M. from Columbia Law School in 2005 and an LL.M. in international business law from the University of London, London School of Economics and Political Science in 2006.Chie is a bengoshi, admitted to practice in Japan in 2000. She is also a benrishi (patent attorney) in Japan and admitted in New York.Chie is a member of the Dai-ichi Tokyo Bar Association, the Japan Patent Attorneys Association and the American Bar Association.