Morrison & Foerster LLP

California Supreme Court Rejects "New Project" Test In High Profile CEQA Suit

“Enough already!” Reading between the lines, this is what a seemingly exasperated California Supreme Court appears to be saying in its latest California Environmental Quality Act (“CEQA”) decision?Friends of the College of San…more
| Civil Procedure, Construction Law, Environmental Law, Zoning, Planning & Land Use

Social Links: Yelp’s Communications Decency Act claim; Twitter loosens its character limit; building a Snapchat audience

The California Supreme Court agreed to hear Yelp’s case arguing that requiring the company to remove a one-star review of a law firm “creates a gaping hole” in the immunity that shields internet service providers from suits…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

5 Questions to Help Prepare for a Ransomware Attack

The news has been filled this year with reports of ransomware attacks against companies and government agencies, including even law enforcement. Ransomware refers to a type of malware that encrypts or otherwise restricts access…more
| Communications & Media Law, Science, Computers, & Technology

Venture Exchange Regulation: Listing Standards, Market Microstructure, and Investor Protection

This summer, the House Financial Services Committee passed the Main Street Growth Act, which calls for legislative changes to promote the formation of venture exchanges. The idea that securities exchanges specially designed for…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

HUD Releases New Guidance on Limited English Proficiency Discrimination Under the Fair Housing Act

On September 15, 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance on how the nondiscrimination provisions in the Fair Housing Act (FHA) apply to persons who consider an individual’s “Limited…more
| Civil Rights, Labor & Employment Law, Real Estate - Residential

Courts Are Taking Materiality Seriously Post-Escobar

In the three months since the U.S. Supreme Court issued its decision in Universal Health Services v. United States ex rel. Escobar, lower court decisions suggest a trend of strict interpretation of the high court’s materiality…more
| Civil Procedure, Business Torts, Government Contracting

House Bill Would Ease Regulatory Restrictions to Private Fund Advisers

On September 9, 2016, the U.S. House of Representatives approved a bill that would amend the Investment Advisers Act of 1940 to modernize certain disclosure requirements and lessen regulatory burdens on private fund advisers. …more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law

Financial Services Report, Fall 2016

Editor’s Note - So much for summer! The weather is cooling, the kids are back to school, and we better not see you wearing white so long after Labor Day! For those of you having a little trouble getting back in the swing…more
| Civil Remedies, Consumer Protection, Finance & Banking, International Law & Trade, Taxation

Social Links: Instagram’s “offensive comment” filter; Twitter’s TV app; YouTube’s “Community” feature

Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls! Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and Amazon…more
| Communications & Media Law, Science, Computers, & Technology

Interest-Based Advertising Disclosure Requirements Become More Clear—and Potentially More Burdensome

Recent enforcement decisions within the digital advertising industry indicate a shift in—and a clarification of—the required disclosures for companies engaged in interest-based advertising (IBA). In particular, these…more
| Communications & Media Law, Science, Computers, & Technology

Top Ten International Anti-Corruption Developments for August 2016

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary…more
| Civil Remedies, Commercial Law & Contracts, International Law & Trade, Securities Law, Government Contracting

Autonomous Vehicles: USDOT Issues New Policy on Development and Deployment of Automated Vehicle Technologies

On Tuesday, September 20, the U.S. Department of Transportation (USDOT) will release a new policy designed to expedite the development and deployment of autonomous vehicle (AV) technologies in the United States while protecting…more
| Consumer Protection, Science, Computers, & Technology, Transportation

Capital Acquisition Brokers: New Category of Broker-Dealers Provides Limited Relief for Some Investment Banking Boutiques

The SEC recently approved a set of FINRA rules which creates a new category of broker-dealers known as Capital Acquisition Brokers or CABs. The rules were originally proposed in 2014 and will go into effect on the date set…more
| Business Organizations, Finance & Banking, Mergers & Acquisitions, Securities Law

The Financial Choice Act: Implications for the U.S. Securities Legal Framework

On September 13, 2016, the House Financial Services Committee of the United States House of Representatives (the “FSC”) formally released H.R. 5983, the “Financial CHOICE Act” (the “CHOICE Act”). While the CHOICE Act has largely…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Consumer Protection, Securities Law

New Opportunities For All: SBA Expands The Small Business Mentor-Protégé Programs

On July 25, 2016, the Small Business Administration (“SBA”) released a much-anticipated Small Business Mentor Protégé Programs Final Rule that created a new expanded mentor-protégé program, modeled on the existing 8(a)…more
| Business Organizations, Commercial Law & Contracts, Government Contracting
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