Morrison & Foerster LLP

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

  • (415) 268-7000
  • (415) 268-7522

Structured Thoughts: News for the financial services community, Volume 5, Issue 9

In This Issue: - What to Expect in 2015 - EU Regulatory Agenda: Into 2015 - FINRA Issues Report Relating to its Communication Rules - Structured Product Offerings and RIAs - The SEC, Investment Funds and…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Secrets in the Spotlight

Companies May Get a New Weapon in the Fight Against Economic Espionage - Efforts to protect property from global threats gained momentum in Washington this summer with the introduction of a pair of bills that would create…more
| Civil Procedure, Criminal Law, Elections & Politics, Intellectual Property, International Law & Trade

New Law Limits the Swaps Pushout Requirement to Apply Only to Certain ABS Swaps

On December 16, 2014, President Barack Obama limited the scope of swaps and security-based swaps subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act’s (“Dodd-Frank Act’s”) pushout requirement to certain…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

The Coming of the Drones

Amazon isn’t the Only Business That Would Love to Get its Hands on “Octocopter” - Don’t look now—hobbyists may already be flying drones in the skies near you, and commercial uses are emerging. The New York Times reported…more
| Privacy, Science, Computers, & Technology, Transportation

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a degree…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Intellectual Property, Science, Computers, & Technology

FINRA Sanctions Member Firm for Failure to Deliver ETF Prospectuses

FINRA recently sanctioned a broker-dealer (the “Firm”) for failure to deliver prospectuses in connection with its sale of ETFs. FINRA also found that the Firm failed to implement a supervisory system reasonably designed to…more
| Finance & Banking, Securities Law

TRIA Extension Fails: An Initial Guide to Next Steps

To the surprise of many, Congress failed to extend the Terrorism Risk Insurance Act of 2002 ("TRIA"), which is set to expire at the end of this year. Many hope that TRIA in some form will be re-authorized early in 2015 and,…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, Insurance, International Law & Trade

Negotiating Cloud Contracts

The cloud computing market is evolving rapidly. New as a service (aaS) platforms are appearing and the dichotomy between public and private cloud domains has been fractured into many different shades of hybrid cloud…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

CFPB Takes Action Against Carrier for Charging for Unwanted Services

On December 17, 2014, the Consumer Financial Protection Bureau (“CFPB”) announced that it had filed a lawsuit against a telecommunications carrier, alleging that the carrier was allowing third-party merchants to place…more
| Finance & Banking, Consumer Protection

SEC Proposes Amendments Revising Section 12(g) Thresholds as Required by the JOBS Act

The SEC proposed rules for comment that address the JOBS Act mandate to revise the thresholds for registration, termination of registration, and suspension of reporting under Section 12(g) of the Exchange Act. The proposed rules…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Financial Services Report - Winter 2014

In This Issue: - Beltway Report - Bureau Report - Mobile & Emerging Payments Report - Mortgage & Fair Lending Report - Operations Report - Preemption Report - Privacy…more
| Alternative Dispute Resolution (ADR), Communications & Media Law, Finance & Banking, Privacy, Real Estate - Residential

What Are the Rules of the Advergame in the UK?

Advergames are online video games that are created in order to promote a brand, product or organization by immersing a marketing message within the game. They are typically accessed via an organization’s website or app, or via a…more
| Communications & Media Law, Consumer Protection, Privacy

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole…more
| Administrative Law, Civil Procedure, Communications & Media Law, Consumer Protection, Products Liability

CFTC Staff Grants Family Offices No-Action Relief from Registration as Commodity Trading Advisors

The Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight (DSIO) recently issued no-action relief for failure to register with the CFTC as a commodity trading advisor (CTA) to any…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Student Debt Relief Services Slapped with TSR and UDAAP Claims

On December 11, 2014, the CFPB filed two actions against debt relief companies. Complaint for Permanent Injunction and Other Relief, Consumer Fin. Prot. Bureau v. IrvineWebWorks, Inc., No. 8:14-cv-1967 (C.D. Cal. Dec. 11, 2014);…more
| Education, Finance & Banking, Business Torts, Consumer Protection
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