Morrison & Foerster LLP

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

  • (415) 268-7000
  • (415) 268-7522

Employment Law Commentary - Volume 27, Issue 2: Where There’s Smoke, Should There Be Fire? An Analysis Of Employer Termination Rights For Employee Off-Duty Marijuana Use

With the recent increase in the number of states that have “legalized” or decriminalized some form of marijuana use, more and more employers have asked themselves whether it continues to be permissible to terminate employees who…more
| Civil Rights, Conflict of Laws, Labor & Employment Law

Significant New Jersey Tax Cases in 2014

Several significant tax cases have been decided in New Jersey in 2014. Perhaps even more notably, nearly all of them have been decided in favor of the taxpayer. The decisions address a broad spectrum of issues, including the…more
| Business Organizations, Civil Procedure, Commercial Law & Contracts, Taxation

The FCA and the Ever-Narrowing Public Disclosure Bar

On February 25, 2015, the Sixth Circuit became the latest federal court of appeals to weigh in on the scope of the False Claims Act’s (FCA) public disclosure bar in its decision in United States ex rel. Whipple v…more
| Administrative Law, Civil Procedure, Civil Remedies, Government Contracting, Health

Federal Circuit Clarifies Requirements for Use in Commerce of Service Trademarks

On Monday, the Federal Circuit issued its decision in Couture v. Playdom, clarifying that use in commerce for a service mark requires that the services be rendered before a registration can be granted. To obtain a federal…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Intellectual Property

The Proxy Season Field Guide - Fifth Edition

EXECUTIVE SUMMARY - The 2015 proxy season occurs in an environment of heightened shareholder activism and an ever-increasing focus on compensation and corporate governance disclosures. This Proxy Season Field Guide…more
| Business Organizations, Commercial Law & Contracts, Securities Law

With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close

In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

CPSC Penalties to Increase Beyond “Cost of Doing Business”

At the end of last year, we reported that the Consumer Products Safety Commission (CPSC) issued $12.2 million in civil penalties in 2014, more than double the amount issued in 2013. The number of companies fined increased as…more
| Consumer Protection, Products Liability

Cases We’re Watching: CFPB v. Morgan Drexen

We don’t know about you, but we’ve been following the contentious litigation between the Consumer Financial Protection Bureau (CFPB) and debt-relief services company Morgan Drexen pretty closely. The CFPB filed its lawsuit in…more
| Bankruptcy, Civil Procedure, Communications & Media Law, Finance & Banking, Consumer Protection

A Gift for New Jersey Gift Card Issuers and Retailers: Consumer Data Collection Requirements Eliminated by S.B. 2235

Retailers and issuers of gift cards in New Jersey recently received welcome news: they no longer have to worry about looming consumer data collection requirements. Under existing law, beginning in July 2016, gift card (also…more
| Administrative Law, Commercial Law & Contracts, Consumer Protection, Finance & Banking

Agencies Issue Guidance for Foreign Banking Entities on the Application of the Marketing Restriction for the Volcker Rule’s SOTUS Covered Fund Exemption

On Friday, February 27, 2015, the Volcker Inter-Agency Group posted a new frequently asked question (FAQ 13), clarifying the scope of the so-called “marketing restriction” under the SOTUS covered fund exemption. The SOTUS…more
| Administrative Law, Finance & Banking, International Law & Trade, Securities Law

Advisory Committee on Small and Emerging Companies Meets Wednesday

The SEC’s advisory committee will meet this Wednesday to discuss and address means of promoting secondary market liquidity for the securities of small and emerging companies, including addressing the Section 4(a)(1-1/2)…more
| Business Organizations, Finance & Banking, Securities Law

ITC Pilot Program to Expedite Rulings on Whether Exclusion Orders Cover Redesigns and New Products

On February 24, 2015, the ITC announced a new pilot program to decide whether redesigns or new products are covered by ITC exclusion orders. The announced goal of the program is to test the use of expedited procedures for the…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Intellectual Property, International Law & Trade

Twenty Years Down the Road: A Q&A With Paul Goldstein, Author of Copyright’s Highway

More than two decades have passed since internationally recognized copyright law expert and award-winning novelist Professor Paul Goldstein of Stanford Law School (and Of Counsel to Morrison & Foerster) published his landmark…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

CFPB Proposes Suspending Quarterly Credit Card Agreement Submission Requirements

On February 26, 2015, the Consumer Financial Protection Bureau (“CFPB”) published a proposed rule (“Proposed Rule”) that would suspend for one year the requirement that credit card issuers submit their agreements to the CFPB on…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection

Oh Snap! Social Media, Snapchat and the Need for Platform-Specific Marketing Strategies

One of the fascinating things about social media is that, from a marketing standpoint, each social media platform offers its own unique set of features and opportunities; as a result, a marketing strategy that proves successful…more
| Communications & Media Law, Science, Computers, & Technology
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Areas of Practice
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