Morrison & Foerster LLP

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

  • (415) 268-7000
  • (415) 268-7522

The Hot IPO Market Continues

The first half of 2014 has seen the hottest IPO market in 14 years – 133 IPOs priced, raising more than $30 billion in proceeds. This is already greater than the total number of IPOs priced during 2011 and 2012. The second…more
| Commercial Law & Contracts, Finance & Banking, Science, Computers, & Technology, Securities Law

New York DFS Proposes Sweeping Virtual Currency Licensing Scheme

Yesterday, the New York Department of Financial Services (“NYDFS”) issued a proposed rule for public comment setting forth a novel and comprehensive “BitLicense” regulatory scheme for entities engaged in “Virtual Currency…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Science, Computers, & Technology

Status Updates - July 2014 #8

..The average millennial checks his or her smartphone 45 times a day and learns about news online primarily through Facebook and Twitter, according to a new survey. Search engines and email, the “more traditional” venues, rank…more
| Communications & Media Law, Securities Law

California Supreme Court Limits Commissioned-Salesperson Overtime Exemption

On Monday, the California Supreme Court issued an important decision for employers who pay salespersons on commission but don’t pay them overtime because they believe these salespersons qualify for the commissioned-salesperson…more
| Labor & Employment Law

The Shortened Shanghai Free Trade Zone Negative List: One Small Step for Reform…

Amidst high hopes in the foreign investment community for a streamlined framework regulating inbound investment to the PRC, China’s State Council launched the China (Shanghai) Pilot Free Trade Zone (the “SFTZ” or “Zone”) in…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Commissioner Piwowar Slams “Dodd-Frank Politburo” for Overstepping Authority

In a speech on July 15, 2014, SEC Commissioner Michael S. Piwowar expressed his views about the Financial Stability Oversight Council (FSOC) operating in secrecy as it tries to expand its regulation of financial institutions and…more
| Elections & Politics, Finance & Banking, Securities Law

Status Updates - July 2014 #7

..Since launching its Google+ social network three years ago, Google has insisted that Google+ users use only their real names on the network — no pseudonyms. Perhaps in an effort to attract more users to Google+, the company…more
| Communications & Media Law, Science, Computers, & Technology

SEC: The New Cyber-Cop

It seems scarcely a week goes by without a headline blaring news of a major cybersecurity breach. And with ongoing revelations about the data-tracking activities of the National Security Agency, the public isn’t growing less…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

The CFPB's Most Recent Consent Order: Defining "Abusive" Acts and Practices Through Enforcement

Last week, the CFPB announced a settlement with payday lender ACE Cash Express of an enforcement action for alleged unfair, deceptive, and abusive practices (UDAAP). The Consent Order reflects the CFPB’s continued focus on debt…more
| Finance & Banking, Consumer Protection

Status Updates - July 2014 #6

..A St. Louis juror’s use of Google to learn something about punitive damages during a trial, while qualifying as “knucklehead misconduct,” was not a sufficient basis for overturning the jury’s verdict, a judge has held..…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

Copyright: Europe Explores its Boundaries - Part 3: “Meltwater” - EU rules that browsing does not need a licence - a victory for common sense (or for pirates)?

On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a ruling…more
| Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

PCAOB Issues Guidance to Auditors of Broker-Dealers

On June 24, 2014, the Public Company Accounting Oversight Board (PCAOB) released staff guidance to help auditors of brokers and dealers registered with the Securities and Exchange Commission (SEC) plan and perform audits in…more
| Finance & Banking, Securities Law

The CFTC’S Cross-Border Application of the Dodd-Frank Act

After years of anticipation, the U.S. Commodity Futures Trading Commission in July 2013 issued more than 300 pages of “guidance” ostensibly to assist market participants in understanding the breadth of the extraterritorial…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Individual Liability: What’s Behind The Headlines?

It’s been open season on financial institutions since the 2008-2009 financial crisis (“Financial Crisis”). State and federal prosecutors and regulators are competing with each other for press coverage of their latest consent…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Consumer Protection, Securities Law

Structured Thoughts: Volume 5, Issue 4 - May 30, 2014

In This Issue: - No More KIDding Around: European Parliament Approves PRIIPs Regulation - FINRA Amends Rule 5110 to Exempt Certain Collective Investment Vehicles from Its Filing Requirements - The Time for the SEC…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law
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