Morrison & Foerster LLP

MoFo New York Tax Insights - Volume 7, Issue 12

NYC ALJ Holds That Consulting Firm May Source Receipts Based on Location of Independent Contractors - The nature of the services performed by a corporation, and how that corporation should source its receipts from those…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Taxation

Fuel Economy and Greenhouse Gas Emission Standards for Automobiles: EPA Announces That No Adjustments to the Standards for Model Years 2022-2025 Will Be Made

The United States Environmental Protection Agency (EPA or Agency) yesterday announced its proposed determination that greenhouse gas (GHG) emission standards for light-duty vehicles (LDVs) manufactured in model years (MYs)…more
| Energy & Utilities, Environmental Law, Transportation

Social Links: Yellow journalism rakes in cash; NYC law protects gig economy pay; Twitter suspends “alt-right” accounts

“Yellow journalism” websites are using social media to capitalize on popular ideology. And they’re making a bundle. New York City recently passed the country’s first law protecting the wages of “gig economy” workers. The…more
| Communications & Media Law, Science, Computers, & Technology

ISS and Glass Lewis Update Their Proxy Voting Guidelines for 2017

Institutional Shareholder Services Inc. (“ISS”) and Glass, Lewis & Co., LLC (“Glass Lewis”) recently updated the guidelines they will use to inform their voting recommendations for the 2017 proxy season. The updates address…more
| Business Organizations, Elections & Politics, Securities Law

SEC Staff Recommendations to Amend Regulation S-K Pursuant to Section 72003 of the FAST Act

On November 23, 2016, the staff (the “Staff”) of the Securities and Exchange Commission (the “SEC”) released its “Report on Modernization and Simplification of Regulation S-K” (the “Report”). Although the Report is part of the…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

FINRA Fine Addresses Broker Compensation and Conflicts of Interest

A recent enforcement action by FINRA underscores the regulator’s continuing concern regarding how financial advisers are paid to sell investment products. In a case announced on November 28, 2016, a member firm settled charges…more
| Business Organizations, Finance & Banking

Not Entitled to Makewholes? Not So Fast...

Throwing yet another wrench into the long-running and hard fought bankruptcy proceedings of Energy Future Holdings Corp., et al., the Third Circuit recently reversed the decisions of the Delaware bankruptcy and district courts…more
| Bankruptcy, Civil Procedure

Trump Administration Expected to Change Emphasis on Energy Sources and Seek to Reverse or Limit Many Environmental and Climate Change Regulations and Policies

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. Reducing regulation was a…more
| Elections & Politics, Electronic Discovery, Energy & Utilities, Science, Computers, & Technology

MoFo IP Newsletter - November 2016

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” - October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare Prescription…more
| Civil Procedure, Intellectual Property, International Law & Trade, Science, Computers, & Technology

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,…more
| Business Organizations, Commercial Law & Contracts, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

SEC Delivers Report to Congress on Disclosure Simplification

The FAST Act required the Securities and Exchange Commission to deliver to Congress a report detailing its recommendations regarding the modernization and simplification of the disclosure requirements contained in Regulation…more
| Business Organizations, Securities Law

Court Issues $29 Million Judgment Against Pure Green Coffee Weight-Loss Pills in FTC Deceptive Advertising Suit

On November 2, 2016, a Florida Federal District Court issued a $29 million judgment against the marketer of Pure Green Coffee extract weight-loss pills in a deceptive advertising suit brought by the Federal Trade Commission…more
| Antitrust & Trade Regulation, Civil Procedure, Communications & Media Law

New EU Banking Legislation Reforms

On 23rd November 2016, the European Commission released a package of banking legislation reforms. Some of these were expected – in particular those related to the minimum requirement for eligible liabilities and own funds…more
| Finance & Banking, International Law & Trade

How Much Did the Federal Circuit Narrow Eligibility for Covered Business Method Review?

Earlier this week, the Federal Circuit narrowed the types of patents eligible for covered business method (CBM) review. In Unwired Planet, LLC v. Google Inc., Case No. 15-1812, (Fed. Cir. Nov. 21, 2016) (“Unwired Planet”), the…more
| Civil Procedure, Intellectual Property

Yelp Case Shows CDA §230 Still Has Teeth

2016 has been a challenging year for Section 230 of the Communications Decency Act (CDA) and the website operators who depend on it for protection against liability stemming from user-generated content. An unusually large number…more
| Civil Procedure, Communications & Media Law, Science, Computers, & Technology
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