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Morrison & Foerster Recognized in Chambers USA 2021

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Morrison & Foerster has received a number of notable recognitions in the 2021 edition of Chambers USA, including 46 practice area rankings and 86 individual recognitions across the publication’s USA Nationwide, California, District of Columbia, Massachusetts, and New York categories.

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Morrison & Foerster has received a number of notable recognitions in the 2021 edition of Chambers USA, including 46 practice area rankings and 86 individual recognitions across the publication’s USA Nationwide, California, District of Columbia, Massachusetts, and New York categories.Of the 46 practice area rankings, the firm received six Band 1 recognitions, including: USA – Nationwide Government Contracts; USA – Nationwide Privacy & Data Security; California Corporate/M&A: Deals in Asia; California Intellectual Property: Patent Prosecution; California Technology: Transactions; and New York Outsourcing. These top-tier rankings speak to the firm’s technical legal ability, professional conduct, client service, diligence, and commercial astuteness.Additionally, eleven lawyers received the highest band ranking specific to their practice area and jurisdiction. Partners Brian Busey and Rick Fischer have been listed as Senior Statespeople for their strong client relationships and continued value to their practices. We congratulate all of our ranked lawyers, including the below individuals who were recognized with Band 1 rankings this year:<ul><li>Charles Comey, California Corporate/M&A Deals in Asia</li><li>Charles Duross, USA – Nationwide FCPA</li><li>Jordan Eth, California Litigation: Securities</li><li>Vivian L. Hanson, New York Outsourcing</li><li>Michael A. Jacobs, California Intellectual Property: Patent Litigation</li><li>David Lynn, USA – Nationwide Securities: Regulation: Advisory</li><li>Deanne Maynard, USA – Nationwide Appellate Law</li><li>Kevin Mullen, USA – Nationwide Government Contracts</li><li>Tessa Schwartz, California Technology: Transactions</li><li>William Schwartz, California Technology: Transactions</li><li>Miriam Wugmeister, USA – Nationwide Privacy & Data Security</li></ul>Morrison & Foerster’s offices in the United States provide legal and strategic counsel to the companies and entrepreneurs transforming technology and our global economy. Anchored in the U.S. markets where business, technology, and finance converge, we are counsel to many of the most innovative and successful companies, institutions, and government organizations. Our work spans both traditional and nascent sectors where our counsel is redefining legal service and helping our clients reshape industries.To view the complete list of Morrison & Foerster’s rankings in the 2021 edition of Chambers USA, please visit the <a target="_blank" href="https://chambers.com/law-firm/morrison-foerster-llp-usa-5:7854">publication’s website</a>.

Morrison & Foerster Recognized in Chambers USA 2021

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Charles (Chuck) Duross serves as co-head of Morrison Foerster’s FCPA + Global Anti-Corruption practice. With more than twenty-nine years of experience principally focused on white collar cases, Chuck’s practice has an emphasis on complex white collar criminal matters, including internal corporate investigations, representing special committees, compliance counseling, due diligence regarding third parties and business transactions, and defense of clients before government enforcement agencies and multilateral investment banks. Chuck has handled cases and overseen investigations in dozens of countries. As a veteran trial attorney, Chuck has a proven track record in the courtroom in high-profile, high-stakes trials. Dubbed “Mr. FCPA” in The Washington Post, Chuck is routinely recognized in various rankings and publications, including Chambers Global, Chambers USA, and Legal 500 as a leading attorney in white collar criminal defense, with a particular specialty in FCPA and foreign corruption cases.<h4>Representative Experience</h4><ul><li>Serving as the DOJ-appointed independent corporate compliance monitor for a large South American company in the wake of a multi-jurisdictional resolution of one of the largest bribery schemes in history</li><li>Representing a leading U.S. company in a high-profile multi-jurisdictional government-facing bribery investigation in Africa</li><li>Representing multinational European company in a high-profile bribery investigation involving multiple jurisdictions</li><li>Representing a major manufacturing company in an emissions-related investigation</li><li>Representing a technology company before DOJ and SEC regarding a whistleblower employee alleging FCPA violations</li><li>Representing a Japanese company before DOJ and SEC in an FCPA investigation</li><li>Representing a leading U.S. company before DOJ regarding allegations of improper hiring issues</li><li>Represented former telecom executive before DOJ and SEC regarding conduct in China</li><li>Representing a former executive regarding allegations of misconduct in Latin America</li><li>Secured declinations on behalf of multiple corporate clients and individuals before DOJ and SEC</li><li>Secured a victory for a Chinese company before the Sanctions Board of the World Bank</li><li>Lead an internal investigation for a leading South American company concerning bribery allegations in Asia</li><li>Conducted pre-investment and pre-acquisition enhanced FCPA/anti-corruption due diligence in numerous multi-billion dollar deals in Africa, Asia, and Latin America</li><li>Assisting numerous companies, from start-ups to Fortune 50 corporations, with drafting codes of conduct and compliance procedures, conducting risk assessments, gap analysis and compliance benchmarking, and enhancing existing compliance programs</li><li>Go-to outside FCPA and anti-corruption legal and compliance counsel to leading Global 500 multinational corporations across industries and regions</li></ul>Chuck previously served as Chief of the Foreign Corrupt Practices Act (FCPA) Unit in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ), where he was in charge of all of the DOJ’s FCPA investigations, prosecutions and resolutions in the United States. Chuck is internationally recognized for his leading role in developing and implementing the government’s FCPA enforcement strategy, and he is widely credited with developing the current enforcement regime. Under his leadership, the FCPA Unit resolved more than 40 corporate cases resulting in approximately $1.9 billion in monetary penalties and prosecuted dozens of business executives and money launderers. As the head of the FCPA Unit, Chuck oversaw countless voluntary disclosures, decided which matters would be declined, administered DOJ’s FCPA Opinion Release Procedure and was responsible for interviewing, selecting and reviewing the work of nearly 20 independent corporate monitors.In investigating and prosecuting transnational bribery cases, Chuck worked with every major U.S. Attorney’s Office and law enforcement agency in the United States, the Securities and Exchange Commission (SEC), law enforcement counterparts around the world and numerous multi-lateral development banks, including the World Bank. For example, Chuck worked with the Australian Federal Police, Royal Canadian Mounted Police, the Tribunal de Grande Instance de Paris, Indonesia’s Anti-Corruption Commission, the Tokyo Public Prosecutor’s Office, Mexico’s Procuraduría General de la República, Norway’s Økokrim, the Swiss Attorney General’s Office, Thailand’s National Anti-Corruption Commission, and the United Kingdom’s City of London Police, Crown Prosecution Service, Metropolitan Police and Serious Fraud Office.While in the Fraud Section, Chuck led the development of a deferred prosecution agreement (DPA) template for FCPA cases, which formed the basis for a DPA template later adopted for use by the entire Criminal Division, and he also led the effort to update and restructure the enhanced compliance components used in resolving FCPA cases. As a recognized expert, Chuck was consulted by UK officials prior to the adoption of legislation permitting deferred prosecution agreements.Chuck’s tenure was also marked by his efforts to make FCPA enforcement more transparent and compliance with the statute more understandable to the business community. Working closely with his counterparts at the SEC, Chuck was one of the principal authors of the DOJ and SEC’s joint publication A Resource Guide to the U.S. Foreign Corrupt Practices Act, which followed a series of consultations with business and compliance leaders. The Guide has received wide praise from the business community, compliance and ethics professionals and private practitioners, and has been described as a “landmark document,” an “FCPA hornbook,” and a “must-read for compliance officers.”Chuck also served as DOJ’s principal representative to the Organisation for Economic Co-operation and Development’s Working Group on Bribery for many years and helped develop the OECD’s acclaimed Good Practice Guidance on Internal Controls, Ethics and Compliance. Besides his involvement in the OECD Phase 1 of Russia and Phase 2 of South Africa, Chuck’s leadership during the OECD Phase 3 of the United States earned him the Assistant Attorney General’s Exceptional Service Award, the Criminal Division’s highest award for employee performance.Prior to being appointed Chief, Chuck served as Assistant Chief of the FCPA Unit from October 2008 to April 2010, and as a line prosecutor with the Fraud Section from December 2006 to October 2008. Beyond FCPA enforcement, Chuck has supervised and tried all manner of white collar cases, including healthcare fraud, mail and wire fraud, money laundering, public corruption, securities fraud and tax evasion. A veteran trial attorney, Chuck is a recipient of the prestigious Attorney General’s Distinguished Service Award, the second-highest department-wide award for employee performance, as one of the lead prosecutors who secured the conviction of Congressman William Jefferson following a nearly nine-week trial.Chuck has been recognized for his work on FCPA matters by Law360, the Legal 500 US, the Washington Post, Washington Business Journal, and also by Chambers USA where a market commentator praises him as “a sage counselor, who is calm under pressure and solutions-oriented.” Who’s Who Legal also recognizes Chuck for his investigations work. In recognition of his contributions to the firm’s “Top Ten International Anti-Corruption Developments” monthly newsletter, Chuck has also been repeatedly honored with JD Supra’s “Reader’s Choice Top Author” award.Chuck earned his J.D., cum laude, from the University of Michigan Law School in 1996 and his B.A., magna cum laude, from the University of Michigan in 1993. After beginning his career as a litigation associate at an international firm in 1996, he joined the U.S. Attorney’s Office for the Southern District of Florida in 2001, where he prosecuted a variety of white collar cases, including bank fraud, embezzlement, mail and wire fraud, money laundering, securities fraud and trademark violations. Chuck rose to the position of Deputy Chief in the Major Crimes Section in Miami before moving to Washington, D.C., in 2006 to join the Fraud Section. Chuck has been an adjunct professor for seven years at Georgetown University Law Center, where he has taught trial advocacy, has been a guest lecturer at Harvard Law School’s Program on the Legal Profession, University of Pennsylvania Law School, and the University of Michigan Law School and Ross School of Business. As an internationally recognized expert on transnational bribery, white collar crimes, and compliance issues, Chuck is a sought-after speaker, and he routinely speaks at conferences across the United States and around the world. He is admitted to practice in Michigan and the District of Columbia.

Charles Duross

Partner

<div class="videoWrapper"><iframe class="sticky-video" allowfullscreen="1" allow="autoplay; encrypted-media" frameborder="0" src="https://www.youtube-nocookie.com/embed/2q_gEWibFK0?rel=0" title="Meet Jordan Eth, Securities Litigator" title="iframe"></iframe></div>Jordan Eth is a partner in Morrison Foerster's Securities Litigation group. Jordan is one of the leading securities litigators in the United States, known for his success in handling complex, high-stakes cases. He has more than 30 years of experience representing public companies and their officers and directors in:<ul><li>Securities class actions</li><li>SEC investigations</li><li>Derivative suits</li><li>Mergers and acquisitions litigation</li><li>Internal investigations</li></ul>Jordan understands the big-picture challenges facing companies and individuals in securities litigation, as well as the intricacies of the legal issues. As co-leader of the successful defense of JDS Uniphase Corp. and its former executives in a securities class action jury trial seeking $20 billion in damages—the largest in history—Jordan is one of the few lawyers who has taken a securities class action to trial and won a complete jury defense verdict.Jordan’s clients cover a broad range of industries, including financial services, computer software and hardware, life sciences, manufacturing, and consumer products. He is routinely recognized for his exceptional client service, including in Best Lawyers in America, where a client noted that, “Jordan Eth is in a class of his own. He is deeply knowledgeable and experienced and a natural leader without ego issues. He thinks strategically and is extremely responsive, realistic, and clear in his assessments of situations. He is able to marshal resources within Morrison Foerster as necessary. And if that were not enough, he is easy to work with. I could not recommend him more highly.” Jordan is also regularly praised by clients for his strong courtroom advocacy and deep expertise in securities litigations and class actions:“Jordan is impressive before the courts. He is straight to the point and his voice carries a lot of weight with the bench.” – Chambers USA“Jordan understands the CEO mentality with respect to securities actions and navigates the corporate politics of these matters with the same expertise with which he handles the legal case.” – Client“Jordan Eth is a superstar. He has actual trial experience – extremely rare in securities litigation. He is even-handed, calm and very direct. Very helpful in cutting through the noise with board members.” – Legal 500 USA A frequent speaker on securities litigation topics at events and conferences across the United States, Jordan actively participates in programs put on by The SEC Enforcement Forum, the Practising Law Institute, and the Stanford Directors’ College. During Winter Quarter 2012 and Spring Quarter 2017, Jordan taught “Modern Securities Fraud Litigation: Public and Private Enforcement” as an Adjunct at Stanford Law School. He has also authored dozens of articles on securities litigation and is an Executive Committee member on the Securities Litigation Section of the Bar Association of San Francisco.Jordan served as a law clerk to the Honorable Chief Judge Robert F. Peckham, United States District Court for the Northern District of California, from August 1985 through August 1986. From 1980 through 1982, he worked as an economist in Washington, D.C., first for the United States Department of Energy and then for the Budget Committee of the United States House of Representatives.

Jordan Eth

Deanne Maynard, a Partner in Morrison Foerster’s Appellate and Supreme Court practice, is widely recognized as one of the nation’s leading appellate advocates. She has argued 14 cases before the United States Supreme Court and more than 75 times in appellate courts across the country.In ranking Deanne in Band 1, Chambers USA reports that she is described as a “magnificent and top-notch lawyer” who is “wicked smart.” She is “extremely thoughtful, even-keeled and has a wonderful presence in the courtroom.” Legal 500 calls Deanne “one of the finest advocates in the Supreme Court bar,” remarking that “if she is on your team, great. If she’s on the other side, be ready.”Deanne’s winning Supreme Court arguments involve a wide range of issues and industries, including life sciences (Sandoz v. Amgen), intellectual property (MedImmune v. Genentech), antitrust (Pacific Bell v. linkLine), financial services (Ransom v. FIA Card Services), and bankruptcy (RadLAX v. Amalgamated Bank). In Sandoz v. Amgen, the Supreme Court ruled for her client in a closely watched case involving the Biologics Price Competition and Innovation Act, which provides an approval path for biosimilars. Law360 named Deanne to its exclusive list of <a href="http://media2.mofo.com/documents/171212-mvp-deanne-maynard.pdf" target="_blank">Appellate MVPs</a> for this “big victory,” dubbing her a “Legal Lion” three separate times for her work on appeals in this case. LMG Life Sciences also named Deanne Appellate Litigator of the Year.Deanne argues complex, high stakes cases in courts of appeals nationwide. Clients turn to Deanne for crisp, clear briefs and exceptional oral advocacy. Her appellate wins run a gamut of issues from arbitration to antitrust, class actions to contracts, copyright to Commerce Clause, infringement to invalidity, and securities law to statutory interpretation. Clients praise her as “an incredible oral advocate, very prepared and formidable” (Chambers USA), and “a tireless advocate with sterling client skills” (Legal 500).Deanne has particular experience in the Federal and Ninth Circuits. She has argued more than 45 appeals in the Federal Circuit, including wins for both patentees and defendants on a wide range of technologies. Chambers USA ranked Deanne in Band 1 for Intellectual Property Appeals, describing her as “renowned for her track record in bet-the-company disputes.” She also serves as Chair of the Federal Circuit’s Advisory Council, which is a conduit between the Court and the public. In the Ninth Circuit, her many wins include a decision from the en banc Court holding large parts of a California statute unconstitutional as well as a panel decision vacating a $60 million jury verdict.Deanne is annually recommended as a leading lawyer by Chambers USA, Chambers Global, Legal 500 US, and Best Lawyers in America. She is Immediate Past-President of the American Academy of Appellate Lawyers, an invitation-only organization recognizing distinguished appellate lawyers. Deanne is also a Master in, and Past President of, the Coke Appellate Inn of Court.Deanne is a leader within Morrison Foerster as well, chairing its partner compensation committee and serving on the firm’s leadership team.Before joining the firm, Deanne served as an Assistant to the Solicitor General at the U.S. Department of Justice for five years. She previously was a partner at another major law firm.After law school, Deanne clerked two Terms on the United States Supreme Court, one for Justice Stephen Breyer and another for Justice Lewis Powell (Ret.) and Justice John Paul Stevens. Before that, Deanne clerked two years for Judge Stanley Harris on the U.S. District Court for the District of Columbia.Deanne graduated magna cum laude from Harvard Law School, where she was an editor of the Harvard Law Review. She earned a B.A. in English, with distinction, from the University of Virginia.<h4>Supreme Court Arguments</h4><ul><li><a href="/resources/video-audio/170426-sandoz-v-amgen" target="_self">Sandoz v. Amgen</a> (00:17): Involving the Supreme Court’s first foray into the Biologics Price Competition and Innovation Act</li><li><a href="/resources/video-audio/120423-radlax-v-amalgamated-bank" target="_self">RadLAX v. Amalgamated Bank</a> (25:46): Whether a debtor can sell a secured asset free and clear without permitting the lienholder to credit-bid</li><li><a href="/resources/video-audio/081208-pacific-bell-v-linkline" target="_self">Pacific Bell v. linkLine</a> (18:38): Whether Section 2 of the Sherman Antitrust Act permits a price squeeze claim in the absence of a duty to deal</li><li><a href="/resources/video-audio/061004-medimmune-v-genentech" target="_self">MedImmune v. Genentech</a> (17:38): Whether a patent licensee must breach a license agreement before seeking a declaration of patent invalidity</li><li><a href="/resources/video-audio/101004-ransom-v-fia-card-services" target="_self">Ransom v. FIA Card Services</a> (26:34): Involving when a debtor without lease payments may take a car-ownership deduction</li><li>EC Term of Years Trust v. U.S.: Whether the federal tax code relegates a trust to a wrongful levy action as its exclusive remedy</li><li>Marshall v. Marshall: Involving the scope of the probate exception to federal jurisdiction</li><li>U.S. v. Olson: Involving the federal government’s sovereign immunity under the Federal Tort Claims Act</li><li>Wilkinson v. Austin: Whether the procedures governing placement of prisoners in supermax prison satisfied due process</li><li>Greenlaw v. U.S.: Involving the power of the court of appeals in the absence of a cross-appeal</li><li>Dean v. U.S.: Whether the accidental discharge of a firearm during a robbery results in a mandatory minimum prison term</li><li>Carcieri v. Salazar: Involving the Secretary of the Interior’s authority to take land into trust for Indians</li><li>Boulware v. U.S.: Whether a profitless corporation’s diversion of funds to a shareholder was nontaxable</li><li>Watson v. U.S.: Whether trading drugs for a firearm was “using” a firearm “during and in relation” to a drug trafficking crime</li></ul><h4>Representative Appellate Arguments</h4><ul><li><a href="/resources/video-audio/241113-novartis-v-torrent" target="_self">Novartis v. Torrent</a> (00:00) (Fed. Cir.): Revived the validity of Novartis’s foundational patent protecting its blockbuster drug Entresto®</li><li><a href="/resources/video-audio/231207-lynwood-investments-cy-limited-v-maxim-konovalov" target="_self">Lynwood Investments v. Konovalov</a> (16:43) (9th Cir.): Successfully defended dismissal of the vast majority of claims against F5 Network</li><li><a href="/resources/video-audio/210903-in-re-cirba" target="_self">In re Cirba</a> (25:53) (Fed. Cir.): Successfully defeated attempt to revive a jury’s patent infringement verdict against VMware</li><li><a href="/resources/video-audio/170426-phigenix-v-genentech" target="_self">Phigenix v. Genentech </a>(11:21) (Fed. Cir.): Secured noninfringement judgment for Genentech</li></ul><ul><li><a href="/resources/video-audio/181018-zabriskie-v-fannie-mae" target="_self">Zabriskie v. Fannie Mae</a> <a href="http://youtu.be/Cz_Hp0VIkYs">(Video)</a> (0:00) (9th Cir.): Won reversal for Fannie Mae of a Fair Credit Reporting Act judgment</li><li><a href="/resources/video-audio/161108-washington-university-v-wisconsin-alumni" target="_self">Washington University v. Wisconsin Alumni Research Foundation</a> (0:42) (3d Cir.): Obtained reversal for Washington University in suit for royalties due under contract with WARF</li><li><a href="/resources/video-audio/191202-nevro-v-boston-scientific" target="_self">Nevro v. Boston Scientific</a> (00:10) (Fed. Cir.): Won reversal of district court judgment of invalidity for indefiniteness</li><li><a href="/resources/video-audio/180514-aviation-v-huerta" target="_self">National Business Aviation Assoc. v. Huerta</a> (28:34) (D.C. Cir.): Successfully defended the City of Santa Monica against a challenge to its settlement with the FAA about its municipal airport</li><li><a href="/resources/video-audio/200601-cr-bard-v-angiodynamics" target="_self">C.R. Bard v. Angiodynamics</a> (00:29) (Fed. Cir.): Won reversal of district court judgment of noninfringement, no willfulness, and invalidity, reviving client’s infringement case on three patents</li><li><a href="/resources/video-audio/190409-flores-v-ups" target="_self">Flores v. UPS & Pocino Foods v. UPS (Consolidated)</a> (<a href="http://youtu.be/eas0RAExOME" target="_blank">Video</a>) (13:43) (9th Cir.): Secured judgment for UPS on two putative RICO and breach-of-contract class actions about its Next Day Air services</li><li>Residential Capital v. Federal Housing Finance Agency (2d Cir.): Successfully obtained a remand in a case stemming from the ResCap bankruptcy</li><li><a href="/resources/video-audio/171005-basf-argument" target="_self">BASF v. Johnson Matthey</a> (0:17) (Fed. Cir.): Won reversal of an invalidity ruling against patentee BASF, reviving its patent claims</li><li><a href="/resources/video-audio/190419-holl-v-us-district-court" target="_self">Holl v. U.S. District Court</a> (<a href="https://youtu.be/ilT3hbMCTQ0" target="_blank">Video</a>) (13:32) (9th Cir.): Defeated a mandamus petition against UPS, successfully defending its arbitration provision containing a class-action waiver</li><li>Interactive Digital Software Association v. St. Louis County, Missouri (8th Cir.): Successfully argued a First Amendment challenge to an ordinance regulating video games</li><li>In Re: Tremont Securities Law (2d Cir.): Secured dismissal for a major accounting firm of a putative class action regarding a Madoff-related fund</li><li><a href="/resources/video-audio/141216-estate-of-graham-v-sothebys" target="_self">Estate of Graham v. Sotheby’s</a> (30:46) (9th Cir.) (en banc): Won invalidation under the Commerce Clause of parts of a California artist resale royalty law</li><li><a href="/resources/video-audio/111206-atm-fee-antitrust-litigation" target="_self">In re ATM Fee Antitrust Litigation</a> (17:20) (9th Cir.): Prevailed in a putative nationwide antitrust class action against one of the largest U.S. ATM networks</li><li><a href="/resources/video-audio/131205-augme-technologies-v-yahoo" target="_self">Augme Technologies v. Yahoo!</a> (21:49) (Fed. Cir.): Secured a noninfringement judgment for Yahoo! in a suit involving Internet display advertising</li><li><a href="/resources/video-audio/170830-lummi-nation-argument" target="_self">Lower Elwha Klallam Indian Tribe v. Lummi Nation</a> (<a href="http://youtu.be/OILs47RhSjM" target="_blank">Video</a>) (00:03) (9th Cir.): Won a reversal for the Lummi Nation, reclaiming its historic treaty rights</li><li><a href="/resources/video-audio/141201-warsaw-orthopedic-v-nuvasive" target="_self">Warsaw Orthopedic v. NuVasive</a> (17:44) (Fed. Cir.): Obtained vacatur of a jury’s $101 million patent damages award</li><li><a href="/resources/video-audio/150504-momenta-v-amphastar" target="_self">Momenta v. Amphastar</a> (02:55) (Fed. Cir.): Successfully argued for a patentee that conduct was unprotected by the Hatch-Waxman Act safe harbor</li><li><a href="/resources/video-audio/120605-neurovision-medical-products-v-nuvasive" target="_self">Neurovision Medical Products v. NuVasive</a> (00:00) (9th Cir.): Obtained vacatur of a jury’s $60 million trademark verdict</li></ul>

Deanne E. Maynard

Tessa Schwartz has an active practice counseling companies on intellectual property issues, and negotiating complex intellectual property and commercial agreements. She advises on a range of strategic transactions, including key patent licenses and acquisitions, technology procurement agreements, and complex development, collaboration, joint-venture and distribution deals. Tessa also regularly advises companies on the IP aspects of their M&A transactions.In addition to maintaining an active practice and working with clients on a daily basis, Tessa is co-chair of the firm’s Technology Industry Group, founder and co-chair of the firm’s Artificial Intelligence Group and previously served as co-chair of the global Transactions Department.Tessa advises clients primarily in technology and data intensive sectors, representing artificial intelligence (AI), robotics, machine learning, software, SaaS, cloud computing, hardware, consumer electronics and products, social media, Internet, mobility and wireless, space and satellites, e-commerce, advertising, healthcare, fintech, transportation, semiconductor, and other companies. Tessa’s M&A experience includes advising Autodesk, BlackBerry, Fortive, Honeywell, Salesforce, Uber, Unilever, Unity, Walmart, and others on the IP aspects of strategic transactions. Tessa provides clients with prelitigation and litigation advice. She frequently advises executives and senior management on strategic business, legal and commercial issues, including the structuring of transactions, risk management and contract compliance. She also counsels clients with respect to a wide variety of IP issues, including patent exhaustion and implied licenses, standing and standards, the protection of data and other trade secrets and the development and distribution of open-source software.In addition to her transactional expertise, Tessa’s litigation background includes representing clients in arbitration, as well as in state and federal courts in such areas as antitrust, false advertising, unfair competition, breach of contract, securities, trademark, copyright and trade secret law. Her litigation experience includes complex, multidistrict and class action litigation, as well as appellate advocacy.Tessa has been ranked in Chambers and Legal 500, with clients describing her as, “one of the best attorneys I've ever worked with.” Tessa has been recognized by Chambers USA 2022 as being highly experienced in the field of technology and intellectual property transactions. Clients have commented on Tessa as having "...the ability to translate complex topics into what's necessary to get a deal done. She does a good job of making our technology accessible”. Further, Tessa "ticks all of the essential boxes, timely, efficient, knowledgeable and helpful, but she really stands out by taking time to learn our business and our products so she can give practical and actionable advice. Tessa helps us focus on key issues and balance risks to make choices."Tessa’s pro bono efforts have included work for The Biomimicry Institute, Goodwill, Common Sense Media, Business for Social Responsibility, The World Wildlife Fund, Build Change and the Sustainability Accounting Standards Board (SASB). She also provides IP advice to a variety of cultural, media and arts organizations; and other assistance for nonprofits. She recently received the Wiley W. Manuel Award for Pro Bono Legal Services from the State Bar of California.Tessa received her B.A. magna cum laude from Harvard College in 1991. In 1996, she earned her J.D. from the University of California at Los Angeles, where she was elected to the Order of the Coif.Tessa served as global managing partner of Morrison Foerster from 2016 to 2022 and previously served as co-chair of the firm’s Technology Transactions Group.

Tessa Schwartz

Kevin is former Co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. Kevin has broad experience in numerous facets of government contracts matters including agency procurements, subcontracting, teaming and joint venture relationships, contract performance issues, intellectual property, compliance matters, due diligence for mergers and acquisitions, and procurement fraud matters. He represents clients in the preparation and litigation of contract adjustment claims and terminations for both government contracts and construction projects. Over the course of his 35-year career, Kevin has handled more than 300 bid protest cases, representing both protesters and contract awardees before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, federal district courts, and state protest forums.Kevin is active in the Public Contract Law Section of the American Bar Association, where he has served as a Co-Chair of the Contract Claims and Disputes Resolution Committee and the Bid Protest Committee, and a Vice-Chair of the Acquisition Reform and Emerging Issues Committee, as well as a member of the Section’s Council and its Interim Membership Director. He also served on the Board of Governors of the U.S. Court of Federal Claims Bar Association. Kevin is an adjunct professor of government contract law at the University of Virginia School of Law in Charlottesville, Virginia.Kevin has been recognized by Chambers & Partners USA and Legal 500 US as one of the leading lawyers nationwide in the area of Government Contracts and has been named a “Top Washington Lawyer” in Government Contracts Law by Washingtonian magazine. Since 2010, Chambers & Partners USA has placed Kevin on the short list of National Tier One Government Contracts lawyers and, since 2020, Chambers has included him in its Bid Protest Spotlight table. He was named to the BTI Consulting Group’s “Client Service All-Stars 2016” list, a registry of 354 of the legal profession’s client service elite.Kevin received his J.D. from the University of Virginia School of Law in 1988 and his B.A. from the University of Virginia in 1984. He is admitted to practice in the District of Columbia and the state of Georgia, and before the United States Supreme Court, the United States Courts of Appeals for the Federal Circuit and the Fourth Circuit, and the United States Court of Federal Claims.

Kevin Mullen

Senior Of Counsel

Mr. Schwartz concentrates his practice on the representation of companies in business transactions and counseling involving intellectual property and technology, including licensing, development agreements, distribution and commercialization activities, joint ventures, outsourcing, and other services arrangements. He was the founding co-head of Morrison & Foerster’s Intellectual Property Group and has served as the firm’s managing partner.Mr. Schwartz is particularly active on transactional and counseling matters relating to computers (including hardware and both open source and proprietary software), communications equipment (including smartphones and other wireless communications devices, internet television, satellites, and other communications infrastructure), semiconductors and other electronic devices, electronic commerce, and other advanced information technology. He has represented clients such as Accenture, Altera, Autodesk, Mozilla, Netflix, Palo Alto Networks, Panasonic, Red Hat, Softbank, Sprint Nextel, Visa, Whirlpool, VMware, and Yahoo, among others.Mr. Schwartz is a frequent presenter on information technology and intellectual property issues. For example, he has lectured in the MBA program at Oxford University, and was a visiting fellow of Oxford’s Centre for Socio-Legal Studies. He also served as an adjunct instructor at Stanford Law School and lectured at the University of California (Boalt Hall) School of Law, University of Southern California Computer Law Institute, Licensing Executives Society, and American Intellectual Property Law Association.Mr. Schwartz received his B.A. degree, with high honors, from Amherst College in 1976. He studied Japanese language and history from 1976 to 1977 at Doshisha University in Kyoto, Japan, and then worked in Tokyo and Hong Kong as a reporter and editor for the Asian edition of The Wall Street Journal from 1977 to 1980. He received his J.D. degree, with honors, in 1983 from the University of Chicago Law School, where he was an editor of The University of Chicago Law Review. Following law school, he served as a law clerk to Judge John D. Butzner, Jr., United States Court of Appeals for the Fourth Circuit. He joined Morrison & Foerster in 1984 and became a partner of the firm in 1990.Representative Matters<div id="scoped-content"><ul><li>Autodesk in the technology and intellectual property aspects of various transactions.</li><li>Dexcom, a San Diego-based medical device manufacturer that markets a continuous glucose monitoring device for use by people with diabetes, in a patent licensing agreement with Abbott.</li><li>SoftBank on intellectual property aspects of its $1 billion investment in OneWeb for low Earth orbit satellites to provide global broadband access.</li><li>Palo Alto Networks in its patent cross-license with Juniper Networks relating to (among other things) network security technology. </li><li>Panasonic in its disputes and settlements with Qualcomm regarding patents relating to mobile communications equipment. </li><li>Qwest in a variety of intellectual property and information technology matters, including the intellectual property and technology aspects of Qwest’s sale of its Dex directory publishing business in a $7.05 billion leveraged buyout, Qwest’s agreements with IBM and Hewlett-Packard for the establishment and outsourcing of Internet services facilities, and Qwest’s strategic relationship with BellSouth. </li><li>Red Hat in its agreement with Microsoft for offering Red Hat Enterprise Linux on Microsoft’s Azure cloud computing infrastructure.</li><li>Sprint Nextel in its agreements with Qualcomm and other companies in connection with the development, licensing and deployment of technology for the next generation of Sprint Nextel’s wireless telecommunications services. </li><li>SUSE (formerly Novell) in the formation of Open Invention Network, a company formed by SUSE, IBM, Philips, Red Hat, Sony, NEC and Google to promote the Linux operating system by using an innovative model for patents and in SUSE’s dispute with The SCO Group concerning Unix-related copyrights. </li><li>Visa in its agreement with a major investment bank to establish a customized payments platform to provide differentiated experiences for merchants and cardholders.</li><li>VMware and its AirWatch subsidiary in a patent license agreement with Good Technology relating to mobile device management (MDM). </li><li>Yahoo and SoftBank, the largest shareholders of Alibaba Group (the leading PRC-based online and mobile commerce company), in the intellectual property aspects of the carve-out and restructuring of Alipay and Alibaba’s other financial services businesses.</li></ul></div>

William Schwartz

Few lawyers in the world have Miriam’s breadth and understanding of privacy and data security laws, obligations, and practices. As chair of Morrison Foerster’s preeminent global Data, Cyber + Privacy Group, leading 60+ lawyers, Miriam is regularly called upon by some of the world’s largest and most complex multinational organizations to confront their most difficult U.S. and international privacy and cybersecurity challenges. Miriam is a trusted advisor who provides legal and strategic advice on all areas of international privacy and data protection issues. She works with global companies on the planning and execution of complex global compliance efforts and helps them find practical solutions to use and manage personal information in every country in the world. She also defends regulatory matters relating to privacy and cybersecurity in the United States and internationally and advises on the Department of Justice Bulk Data Rules. Her counsel is particularly prized for cybersecurity preparedness and breach response. Miriam and her team have navigated some of the largest and most consequential cybersecurity incidents in history, including assisting Mandiant when it discovered and warned the world about the SolarWinds compromise. Having helped hundreds of clients respond to breaches, Miriam is frequently called upon to advise and educate boards of directors regarding cybersecurity and the key role that boards play in understanding and overseeing the potential risks. Miriam works with companies to develop comprehensive customized incident response plans, train staff, conduct extensive tabletop exercises, and address key issues with executive management. While she regularly advises clients on responses to ransomware attacks and other cyber extortion incidents, she works on all aspects that arise in the context of large security incidents, including communication strategies, notifications to customers, consumers, and regulators; public disclosures; interactions with law enforcement globally; litigation; and investigations by regulators around the world.Miriam serves as a board member of the ADP AI & Data Ethics Committee and is a leader in MoFo’s AI Group, a cross-practice team that provides sophisticated, full-service representation to a wide range of clients with companies that both develop and use cutting-edge, rapidly changing technology in the AI space. Miriam uses her extensive industry experience and collaborative global approach to help her clients integrate the newest trends and developments in AI with their business needs.Recognized as a market leader by all major directories, Miriam has been ranked in the top tier of privacy and data security lawyers worldwide by Chambers USA and Chambers Global for well over a decade. She was an inaugural inductee into The Legal 500 Hall of Fame, which is comprised of outstanding U.S. lawyers who have been recommended as The Legal 500’s Leading Lawyers for the last six consecutive years. The Cybersecurity Docket has recognized Miriam as one of its Incident Response 50, a list of the top data breach response lawyers globally. She has been named one of Financial Times’ Top 10 Innovative Lawyers in North America and a National Law Journal Cybersecurity and Data Privacy Trailblazer for her breakthrough work in this space. Miriam was also previously designated as an Ethisphere Attorney Who Matters and a BTI Client Service All-Star. A frequent commentator on cybersecurity, she has been interviewed by media outlets including CNBC, The New York Times, and The Wall Street Journal, among many others.