Morrison & Foerster LLP

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San Francisco, CA 94105-2482, United States

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SEC Remarks at the Practising Law Institute’s Program Titled “SEC Speaks in 2015”

On February 20, 2015, several representatives from the SEC spoke at the Practising Law Institute’s program titled “SEC Speaks in 2015,” including Chair Mary Jo White and Commissioner Louis A. Aguilar. Ms. White provided…more
| Administrative Law, Business Organizations, Securities Law

CFPB Announces Field Hearing on Arbitration

On February 23, 2015, the Consumer Financial Protection Bureau (CFPB) announced that it will hold a field hearing in Newark, New Jersey, on March 10, 2015, to discuss the topic of arbitration. We anticipate that the CFPB will…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Finance & Banking

FINRA Issues its Cybersecurity Report, Providing Tools and Encouragement to Broker-Dealers

FINRA recently issued a Report on Cybersecurity Practices (“Report”), growing out of its targeted examination of firms last year. To issue the Report, FINRA gave careful consideration to the needs of many broker-dealers for…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

The Administration Proposes Imposing a Fiduciary Standard on Retirement Advisers

Yesterday, the Obama administration called on the Department of Labor to draft rules that, in effect, would require brokers who provide retirement advice to abide by a fiduciary standard. In a speech at an event hosted by the…more
| Finance & Banking, Insurance, Securities Law

A European Prospectus Revolution?

The EU prospectus regime, based on Directive 2003/71/EC (the “Prospective Directive”) as amended, has been in place now for nearly 10 years and was due to be reviewed by the European Commission by 1 January 2016. However, the…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

Does DOJ’s Victory over American Express Foreshadow More Antitrust Challenges to Come?

American Express has rules that prohibit merchants from discriminating against American Express cards in favor of those issued by other card networks. On February 18, 2015, following a seven-week trial, Judge Garaufis in the…more
| Antitrust & Trade Regulation, Finance & Banking

Proposed Prop 65 Rules Won't Please Calif. Businesses

California’s Proposition 65 warning requirements (Health & Safety Code Sections 25249.6 et seq.) have long been a major concern for businesses that want their products offered for sale in the state’s large marketplace…more
| Business Organizations, Consumer Protection, Products Liability

Status Updates - February 2015 #4

Blawg rules. The California State Bar has issued an opinion outlining the circumstances under which an attorney’s blog would be subject to the requirements of the California State Bar Act’s Rules of Professional Conduct…more
| Communications & Media Law, Law Firm Marketing, Law Practice Products & Services

Margin for Uncleared Swaps: A Critical Look at the CFTC and Prudential Regulators Proposals

Last fall both the Commodity Futures Trading Commission (“CFTC”) and five U.S. prudential banking regulators (the “Prudential Regulators”) released proposed rules for margin requirements for uncleared swap transactions for the…more
| Administrative Law, Finance & Banking, Securities Law

FDA Proposed Rule in Flux?

On Tuesday, the U.S. Food and Drug Administration (FDA) announced that it has reopened the comment period for its proposed rule on generic drug labeling. It has also scheduled a day-long public meeting to hear comments and…more
| Administrative Law, Constitutional Law, Consumer Protection, Health, Science, Computers, & Technology

Morrison & Foerster Quarterly News Tax Talk - Volume 7, No.4 January 2015

In This Issue: - Congress Passes Year-End Tax Extenders Bill - House Adopts New “Dynamic Scoring” Rule - Foreign Fund Engaged in Lending and Stock Distribution Not Protected by “Trading in Stock or Securities”…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law, Taxation

Bad Day for NewDay: CFPB Section 8 Enforcement Continues

On February 10, 2015, the Consumer Financial Protection Bureau (“CFPB”) added another company to its litany of alleged Real Estate Settlement Procedures Act (“RESPA”) Section 8 offenders (Michigan Title, PHH Corporation, New…more
| Administrative Law, Finance & Banking, Insurance, Real Estate - Residential

Business Restructuring & Insolvency Year in Review

Excerpt from A Year in Review: We are pleased to say that 2014 was another successful year for Morrison & Foerster’s Business Restructuring & Insolvency Group. Despite continuing market headwinds, the last year brought…more
| Bankruptcy, Energy & Utilities, Finance & Banking, International Law & Trade

The Small Drones Rule: FAA Takes a Step in the Right Direction

Over the weekend of Feb. 14, the FAA issued a much-anticipated Notice of Proposed Rulemaking (NPRM) for small Unmanned Aircraft Systems (UAS)—i.e., drones weighing less than 55 pounds. The oft-delayed NPRM comes three years…more
| Administrative Law, Science, Computers, & Technology

MoFo Global Procurement Quarterly: Winter 2015

In This Issue: - Protection of Security Relevant Information vs. Enhancement of Global Competition – Germany's "No Spy Decree" for Public Tenders under Continuous Scrutiny - RWIND Tenderer Test: Objective or…more
| Criminal Law, Privacy, International Law & Trade, Government Contracting
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