Morrison & Foerster LLP

425 Market Street
San Francisco, CA 94105-2482, United States

  • (415) 268-7000
  • (415) 268-7522

The Silicon Valley Venture Capitalist Confidence Index® Falls for the Third Quarter of 2014, Although Sentiment for High-Growth Tech Sectors Remains Positive

An academic study titled “The Silicon Valley Venture Capitalist Confidence Index®: Third Quarter—2014” (Mark V. Cannice, Ph. D, Department Chair and Professor of Entrepreneurship and Innovation with the University of San…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud

For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift away…more
| Commercial Law & Contracts, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

FinCEN Rulings Designate Certain Virtual Currency Businesses as Money Transmitters

On October 27, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued two administrative rulings regarding virtual currency. The first administrative ruling concerns a proposed virtual currency trading and booking…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology

Pom Wonderful Drops Ninth Circuit Appeal of State Claims Filed Against Coca-Cola

On September 19, 2014, Pom Wonderful, LLC dropped its Ninth Circuit appeal of a ruling that dismissed its state deceptive advertising and unfair competition claims against Coca-Cola, a sibling case to a recent Supreme Court…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law, Conflict of Laws, Products Liability

Status Updates - October 2014 #12

..Unfree speech? In the United States, the First Amendment would likely prevent the prosecution of someone who posted racist or anti-Semitic messages on a social media platform. But social media platforms operate worldwide, and…more
| Commercial Law & Contracts, Communications & Media Law, Constitutional Law, Science, Computers, & Technology

Counterfeit Goods: Has the War on ISPs Just Gotten Tougher?

The pressure on ISPs to take responsibility for the sites accessible through their services has been growing in recent years (e.g., the requirement for certain ISPs to block filesharing sites). On October 17, 2014, the High…more
| Civil Remedies, Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

For better or worse: OEHHA solicits input on Proposition 65 revisions

Introduction - Earlier in 2014 California's Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the state's controversial Proposition 65 law, released a pre-regulatory…more
| Energy & Utilities, Environmental Law, Science, Computers, & Technology

MoFo BioMeter, Volume 3, Issue 4

Q3 BioMeter Shows Reemergence of Late Stage Deals - The average BioMeter value in the third quarter of 2014 was $43.7 million, an increase from the $30.4 million value in the same quarter in 2013, and a slight increase…more
| Business Organizations, Communications & Media Law, Science, Computers, & Technology

Wiped Out

If you thought Google was the only organization affected by the European Court of Justice’s May decision honoring a Spanish man’s right to have a newspaper story about him erased from its search rankings, you’d be wrong. In…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Status Updates - October 2014 #11

..Clearing the air. Aereo, the startup broadcasting service that lost big in the U.S. Supreme Court last June, just lost another, and possibly its last, court battle. A U.S. district judge in the Southern District of New York,…more
| Civil Remedies, Communications & Media Law, Finance & Banking

Drones: Why You Should Start Thinking Now About the Anticipated UAS Regulations

With drone technology rapidly advancing and the FAA recently starting to open the door to commercial drone use, companies across industries should begin evaluating how drones can add value to their businesses, if they have not…more
| Commercial Law & Contracts, Transportation

Status Updates - October 2014 #10

..Time change. Until now, Twitter has made a clear distinction between people you follow and people you don’t follow: You only saw tweets from those whom you followed. Now, the service, in what it calls a “timeline experiment,”…more
| Communications & Media Law, Constitutional Law, Criminal Law, Privacy

SEC Staff Finds that Broker-Dealers Still Are Not Conducting Adequate Section 5 Reviews

The staff of the SEC recently addressed broker-dealers’ obligations when engaging in transactions in unregistered securities by issuing FAQs and a Risk Alert that reported the results of examinations of a number of…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

U.S. Regulators Finalize Credit Risk Retention Rules

Today, the Federal Deposit Insurance Corporation (the “FDIC”), the Federal Housing Finance Agency (the “FHFA”), and the Office of the Comptroller of the Currency (the “OCC”) each adopted a final rule (the “Final Rule”)…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Takeaways From Broker-Dealers’ Section 5 Inadequacies

The staff of the U.S. Securities and Exchange Commission recently addressed broker-dealers’ obligations when they engage in transactions in unregistered securities by issuing FAQs and a risk alert that reported the results of…more
| Commercial Law & Contracts, Finance & Banking, Securities Law
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