Morrison & Foerster LLP

Uncertain Times

President Donald Trump may have his sights set on deregulation but a full repeal of title VII looks unlikely - One might think that the stated intention of US president-elect Donald Trump and Republicans in the US Congress…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade, Securities Law

SEC 2017 Exam Priorities: Key Takeaways

Amid the extensive list of exam priorities for this year, there are several highlights that will require attention from operations personnel - Far from the White House and the halls of Congress, compliance officers are…more
| Elections & Politics, Finance & Banking, Securities Law

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that…more
| Government Contracting, Intellectual Property

The Future of Investment Management Regulation: What to Expect in 2017

In this fast-changing regulatory environment, the long-term consequences – both intended and unintended – of recent White House actions remain uncertain, but looking into our crystal ball, we see certain trends emerging. These…more
| Business Organizations, Elections & Politics, Finance & Banking, Labor & Employment Law, Securities Law

Investor Advisory Committee Meeting Agenda Announced

The SEC’s Investor Advisory Committee will hold a public meeting on March 9, 2017, from 9:00 a.m. to 11:55 a.m. The meeting’s agenda includes a discussion regarding SEC investor research initiatives, the FINRA 2016 Financial…more
| Finance & Banking, Securities Law

Certiorari Denied For $6.2 Million Consent Order Violation Based On a Patent Later Held Invalid

On November 28, 2016, the U.S. Supreme Court denied a writ of certiorari seeking appeal of the Federal Circuit’s decision to uphold the ITC’s imposition of a $6.2 million penalty against DBN, Inc. and BDN LLC (collectively,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the…more
| Administrative Law, Government Contracting

EGC Corporate Governance Practices: A survey and related resources - February 2017

During 2016, there were relatively few companies that completed initial public offerings (“IPOs”). Some commentators attribute the dearth of IPOs in 2016 to volatility arising from, among other things, Brexit and the U.S…more
| Business Organizations, Commercial Law & Contracts, Elections & Politics, Finance & Banking, Securities Law

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device…more
| Antitrust & Trade Regulation, Communications & Media Law, Science, Computers, & Technology

Social Links: NJ court allows police to read suspects’ private messages; tech companies’ increased control over users’ devices; an app that blocks political posts

A New Jersey court rules that state police can examine a suspect’s private social media messages without having to apply for an order under the state’s wiretapping laws. Technology companies are exercising a lot of control…more
| Communications & Media Law, International Law & Trade, Science, Computers, & Technology

MoFo Tax Talk: Volume 9, Issue 4

EDITOR’S NOTE - Tax Talk doesn’t remember much about 1985. But we do remember that, after Ronald Reagan was re-elected president in 1984, tax reform was a very hot topic (remember the Tax Reform Act of 1985?). Anyway, for…more
| Finance & Banking, International Law & Trade, Taxation

District Court Sacks Ginkgo Biloba False Advertising Case

On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies…more
| Communications & Media Law, Consumer Protection, Products Liability

Mutual Funds As Venture Capitalists? Evidence from Unicorns

In a recent paper, authors Sergey Chernenko, Josh Lerner, and Yao Zeng consider investments by mutual funds (“cross over funds”) in 99 unicorn companies. Given the rise in recent years of investments by cross over funds in…more
| Civil Procedure, Finance & Banking

Understanding TLAC - The Federal Reserve’s final bank capital rules have been hailed as the end of too big to fail

The Federal Reserve Board’s final rules regarding total loss absorbing capacity (TLAC) requirements for global systemically important banks (GSibs) in the US will require levels of capital and other loss-absorbing capacity that…more
| Business Organizations, Finance & Banking

Is Gorsuch A Positivist?

As President Trump applies his whack-a-mole, hammer-them-all-on-thehead theory of leadership, could a Justice Neil Gorsuch legal philosophy join opinions that would declare the president’s actions unconstitutional? It is a lot…more
| Constitutional Law, Elections & Politics
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