Morrison & Foerster LLP

Uncertain Seas: European Financial and Regulatory Developments into 2017

Charting New and Dangerous Waters - Lloyd George and Epictetus may be long gone but their words have much resonance with the events of 2016. The political fallout from the UK’s vote to leave the European Union (“EU”) was…more
| Commercial Law & Contracts, Finance & Banking, Insurance, International Law & Trade, Securities Law

OCIE 2017 Exam Priorities: Focus on Retail, Elderly and Retirement Investors; Market Risks

The SEC’s National Examination Program (NEA) of the Office of Compliance Inspections and Examinations (OCIE) announced that its examination priorities in 2017 will focus on three general areas: retail investors, risks specific…more
| Business Organizations, Finance & Banking, Securities Law

Ninth Circuit and “Ascertainability”: No “Administratively Feasible” Method of Identifying Class Members Required

On January 3, 2017, the Ninth Circuit affirmed a district court’s decision to grant class certification, finding that, at the class certification stage, Rule 23 does not require plaintiffs to demonstrate that there is an…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

A List of Lists

Every December and January you can count on the trade press and the mainstream media to run lists of predictions for the upcoming year and retrospectives on the year past ranking the “best” and “worst” of everything from…more
| Communications & Media Law, Science, Computers, & Technology

Late-Stage Private Placements

As we have reported in other blog posts, many successful privately held companies are able to raise funds from institutional investors at attractive valuations and defer their IPOs. While the exuberance regarding valuations may…more
| Business Organizations, Commercial Law & Contracts, Securities Law

MoFo New York Tax Insights - Volume 8, Issue 1

The Top 10 New York Tax Highlights of 2016 - It’s the New Year, and before we begin afresh, we look back at this past year with our list of the Top 10 New York tax highlights of 2016. 1. The New York State Tax…more
| Administrative Law, Business Organizations, Commercial Law & Contracts, Taxation

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016. The…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting

2016: Our Greatest Hits

Last year we explained how companies could protect their social media currency and heed the FTC’s warning on native advertising. We examined court opinions establishing the criteria for enforceable website terms of use and…more
| Communications & Media Law, Science, Computers, & Technology

Key Goals For The Next Secretary Of Transportation

A safe, reliable, efficient and sustainable transportation system is the lifeblood of this nation. It is critical to the economic prosperity of this country and to the well-being of everyone who lives here. It connects us to an…more
| Energy & Utilities, Science, Computers, & Technology, Transportation

A Case of Appendicitis: SEC Staff Guidance on Sales Load Variation Disclosures Sends Funds Scrambling

A Guidance Update published in December 2016 by the SEC’s Division of Investment Management has sent funds scrambling to beef up prospectus disclosures to accommodate changes to fees charged by financial intermediaries before…more
| Finance & Banking, Labor & Employment Law, Securities Law

FINRA Issues 2017 Examination Priorities Letter

Introduction - Consistent with prior practice, with the arrival of the new year, FINRA has published its key examination priorities. As in prior years, the letter covers a broad array of topics. This year’s topics…more
| Business Organizations, Finance & Banking, Securities Law

Social Links: AI displaces insurance company employees; revenge-porn victim seeks injunction against search engines; Wendy’s wins Twitter war against a troll

Over 30 workers at a Japanese insurance company are losing their jobs following the company’s adoption of IBM’s Watson Explorer, an artificial intelligence system that will perform an important back office function at the…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

California Court Denies Stay of Consumer Class Action Challenging “Natural Cheese”

On December 6, 2016, United States District Judge John A. Kronstadt for the Central District of California denied a motion to stay a class action alleging violations of the UCL, FAL, and CLRA against Kraft Foods Group, Inc…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

Top Developments at the ITC in 2016

In the last year, this blog has covered a number of substantial developments at the International Trade Commission. Among other things, 2016 saw (1) an increased usage of the ITC’s 100-day program for early resolution of…more
| Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Global Accounting Standards

The Chair of the Securities and Exchange Commission Mary Jo White recently commented on the significance of high-quality accounting standards. The speech noted the need to support continued work toward the globally accepted…more
| Finance & Banking, International Law & Trade, Securities Law
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