Morrison & Foerster LLP

Sales Data Alone Insufficient to Support CAFA Jurisdiction in Gerber’s Graduates Puffs Labeling Case

In Gyorke-Takatri v. Nestle USA, Inc., the United States District Court for the Northern District of California held that parties in a class action seeking to remove an action to federal court must provide sufficient admissible…more
| Civil Procedure, Communications & Media Law, Consumer Protection

Supervisory Highlights, Fall 2015: Totally Sanitized Limerick Edition!

Don’t know about you, but we’ve been dreaming about wrapping ourselves in a big cabled sweater, drinking a pumpkin-spiced beverage and cozying up to the Fall 2015 issue of Supervisory Highlights. Usually haiku is how we roll,…more
| Consumer Protection, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

The Second Circuit Tackles Employee Rights, Obscenities & Social Media Use

Employers took note last year when the National Labor Relations Board (NLRB) ruled that “liking” a Facebook post can qualify as protected activity under the National Labor Relations Act (NLRA). The NLRB held that the owner of a…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Black Friday: It’s Not Just About Brick & Mortar Stores Anymore

Here at Socially Aware, we’re focused on Thanksgiving dinner, but we’re well aware that the day after Thanksgiving—Black Friday—is one of the busiest shopping days of the year, and a critical sales day for brick-and-mortar…more
| Communications & Media Law, Science, Computers, & Technology

Employment Law Commentary - Volume 27, Issue 11, November 2015

Annual California Roundup - Another year and another round of legislative updates. California’s legislature continues to provide a rich source of law. This year the highlights include equal pay legislation, expanded Labor…more
| Civil Rights, Labor & Employment Law

CFPB Publishes Semi-Annual Rulemaking Agenda

Just in time for the holidays, the CFPB released its Fall 2015 rulemaking agenda on Friday, November 20. The agenda does not include any major surprises, but it does slightly revise the projected timeline for several highly…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

A Secret UK Government Consultation–Is the Bribery Act About to Be Watered Down?

Through a Freedom of Information Act request, anti-corruption campaigners Corruption Watch obtained and released details of what they dubbed a “widespread, secret and one-sided consultation” by the Department of Business,…more
| Business Organizations, Finance & Banking, International Law & Trade

Structured Thoughts: News for the financial services community, Volume 6, Issue 8

Structured Notes and Issuer Quiet Periods Background - Most issuers establish a “quiet period” (also called a “blackout” period) prior to the release of potentially sensitive information and material non-public information,…more
| Finance & Banking, International Law & Trade, Securities Law

SEC Sanctions Adviser, Executives and CCO for Custody Rule Violation – Again

On November 19, 2015, the SEC sanctioned a registered investment adviser, its two owners, and a former chief compliance officer for violating the Advisers Act “custody rule” after previously settling similar charges and agreeing…more
| Business Organizations, Finance & Banking, Securities Law

Brief Updates on Capital Formation and Related Matters

At today’s meeting of the American Bar Association’s Federal Regulation of Securities Committee meeting in Washington, DC, various representatives from the Securities and Exchange Commission provided some comments and updates…more
| Business Organizations, Finance & Banking, Securities Law

House Votes to Nix Indirect Auto Bulletin and Expand QM

The U.S. House of Representatives passed legislation on November 18, 2015, that would revoke the CFPB’s guidance on indirect auto lending and expand the qualified mortgage rule’s safe harbor. The Reforming CFPB Indirect Auto…more
| Consumer Protection, Elections & Politics, Finance & Banking, Real Estate - Residential

Chair White Testimony and Capital Formation Related Initiatives

In the November 19, 2015 Congressional testimony, Chair White discussed a number of capital formation related initiatives. She mentioned the Commission’s..…more
| Business Organizations, Elections & Politics, Finance & Banking, Securities Law

Exempt Offering Alternatives

We have revised and republished a summary chart of exempt offering alternatives…more
| Business Organizations, Finance & Banking, Securities Law

NY DFS Signals a Detailed Framework for Cybersecurity Compliance

On November 9, 2015, the New York State Department of Financial Services (“DFS”) sent a letter to a number of state and federal financial regulators signaling that DFS may issue comprehensive cybersecurity regulations for…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

SEC Agenda for 2016: Tighten Rules on Leverage for Funds; Stress Testing and Third-Party Compliance Reviews for Advisers

In testimony before the House Committee on Financial Services on November 18, 2015, SEC Chair Mary Jo White described what the SEC has in store for the investment management industry…more
| Finance & Banking, Securities Law
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425 Market Street
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