Morrison & Foerster LLP

SEC Approves FINRA’s Educational Communication Rule

The SEC recently approved FINRA’s new Rule 2273 (Educational Communication Related to Recruitment Practices and Account Transfers), which requires delivery of an educational communication prepared by FINRA to customers of a…more
| Commercial Law & Contracts, Consumer Protection, Finance & Banking, Securities Law

Social Links—Twitter loosens up; case against Google stands; should millennials be in charge of big social media campaigns?

Here’s how Twitter is loosening up its 140-character limit. The federal government will now check the social media history of prospective employees before granting them security clearance…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Penny Proof for Deposits: Federal Banking Regulators Issue Interagency Guidance Regarding Deposit Reconciliation Practices

On May 18, 2016, five federal banking agencies—the Board of Governors of the Federal Reserve System (“Board”), the Consumer Financial Protection Bureau (“CFPB”), the Federal Deposit Insurance Corporation (“FDIC”), the National…more
| Finance & Banking

EEOC Issues Final Rules on Employee Wellness Programs

Can an employer offer financial incentives to its employees for participating in employee wellness programs that seek health-related information? According to new rules issued by the Equal Employment Opportunity Commission…more
| Civil Rights, Health, Labor & Employment Law

Growing Trend of Companies Staying Private Longer

On May 17, 2016, Fortune Magazine published an article by Geoff Colvin, “Take This Market and Shove It,” examining the growing trend of companies staying private rather than opting for an IPO. The article notes that while the…more
| Business Organizations, Finance & Banking, Securities Law

Show Me the Money: Are Social Media Celebrities and Other Online Content Creators Really Raking in the Cash?

Social media has allowed aspiring authors, musicians, filmmakers and other artists to publish their works and develop a fan base without having to wait to be discovered by a publishing house, record label or talent agency. And…more
| Communications & Media Law

NASAA Releases Proposed Model Rule for Crowdfunded Offerings

On May 16, 2016, the North American Securities Administrators Association (NASAA) released for public comment its proposed model rule and uniform notice filing form for crowdfunded offerings…more
| Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

SEC Issues New C&DIs on the Use of Non-GAAP Financial Measures

On May 17, 2016, the staff of the SEC Division of Corporation Finance (the “Staff”) issued 12 new Compliance & Disclosure Interpretations (“C&DIs”) on the use of non-GAAP financial measures, which has recently been an area of…more
| Business Organizations, Finance & Banking, Securities Law

10 Competitive Best Practices for Winning Government Contracts

Counsel for companies engaged in bid protests over U.S. federal government contracts often wish their clients had done things differently during the proposal preparation and evaluation process. Unfortunately, the strictures…more
| Government Contracting

Social Media Competitions in the UK: Play Fair

With 1.65 billion users on Facebook, 332 million users on Twitter and 400 million on Instagram, it is unsurprising that many companies are seeking to increase brand awareness and customer engagement by running competitions via…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, International Law & Trade

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements…more
| Commercial Law & Contracts, Government Contracting, Intellectual Property, Science, Computers, & Technology

No Method to the Mootness: Ninth Circuit Rejects Allstate’s Effort to Moot Class Action Claims

On April 12, 2016, in Chen, et al. v. Allstate Insurance Co., No. 13-16816, the Ninth Circuit considered whether an unaccepted offer of judgment and tender of payment under Federal Rule of Civil Procedure 68 to fully settle—and…more
| Civil Procedure, Civil Remedies, Consumer Protection

MoFo BioMeter, Volume 5, Issue 1

The full-year 2015 BioMeter paints the picture of a strong year for biotechnology, but deeper analysis shows a cautionary trend. The average BioMeter value for the entire year across all transactions reporting up-front payments…more
| Business Organizations, Science, Computers, & Technology, Securities Law

FCC issues NPRM on TCPA Exemption for U.S. Government Debt

In response to a provision in the Bipartisan Budget Act of 2015 (Pub. L. No. 114-74), the Federal Communications Commission (FCC or the “Commission”) has promulgated a notice of proposed rulemaking (NPRM) regarding the new…more
| Communications & Media Law, Finance & Banking

SEC Approves PCAOB’s Proposed Rules on Audit Engagement Partners; PCAOB Re-Proposes Auditing Standard to Increase Transparency in Audit Reports

On May 9, 2016, the Securities and Exchange Commission (the “SEC”) issued an order approving the proposal of the Public Company Accounting Oversight Board (the “PCAOB”) to adopt new rules (Rules 3210 and 3211), a new form, and…more
| Business Organizations, Securities Law
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Contact

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