Morrison & Foerster LLP

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

  • (415) 268-7000
  • (415) 268-7522

Delaware Court Enforces Exclusive Forum Provision Adopted Concurrently with Announcement of Merger Agreement

Public companies are increasingly enacting “exclusive forum” bylaws — designating a single forum for intra-corporate disputes — as a way to limit the risk and burden of multi-jurisdictional stockholder litigation. This trend…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions

Status Updates - September 2014 #6

..Is Tumblr trendier? A survey released by Tumblr says the users of that social media platform have higher average incomes than users of Facebook, Twitter, or Pinterest, and a report from Adobe says that this translates into…more
| Communications & Media Law, Criminal Law

New Reporting Requirement for Foreign Investments in the U.S.

Effective as of September 15, 2014, a new reporting requirement applies to a broad range of direct, and indirect, investments in the U.S. by foreign persons. The U.S. Department of Commerce’s Bureau of Economic Analysis (the…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

SEC Charges Issuers, Corporate Insiders, and Other Significant Investors for Violating Laws Requiring Reporting of Transactions in Company Stock

On September 10, 2014, the U.S. Securities and Exchange Commission announced settlements with officers, directors, and significant shareholders for violating federal securities laws requiring information about their transactions…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Financial Services Report - Fall 2014

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

Forum Selection Bylaws Are Best Considered On A Clear Day

“Exclusive forum” bylaws and charter provisions are a powerful tool for managing the risk of parallel corporate governance litigation against a company and its directors in multiple forums, allowing stockholders to bring such…more
| Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise its…more
| Environmental Law, Consumer Protection, Science, Computers, & Technology

Weeding Out Bad Actors: The Rule 506 Bad Actor Provisions and Capital Markets Practice – One Year Later

As we approach the anniversary of the effectiveness of the Rule 506 bad actor provisions (if you don’t happen to have it marked on your calendar, the new rules went into effect on September 23, 2013), it is a good time to survey…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Promoting Job Creation Bill

The House of Representatives voted 320 to 102 to pass H.R. 5405 (Promoting Job Creation and Reducing Small Business Burdens Act) that contains a number of JOBS Act related measures that previously were the subject of individual…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

She Liked It. She Really, Really Liked It: Federal District Court Holds Facebook Fan Page Manager Doesn’t Own “Likes”

A federal district court broke new social media law ground in August 2014 when it held in favor of the cable network Black Entertainment Television (BET) in a suit brought by the founder of an unofficial Facebook fan page for…more
| Civil Procedure, Commercial Law & Contracts, Communications & Media Law, Labor & Employment Law, Intellectual Property

Investment Management Legal + Regulatory Update -- September 2014

In This Issue: - Regulation: Long-Awaited Money Market Fund Rules Adopted - SEC Staff Offers Guidance Regarding Investment Advisers and Proxy Advisory Firms - SEC Staff Closes Loophole on BDC Asset Coverage…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Seller Beware: California Announces Draft Plan for New Consumer Product Categories Under Its Green Chemistry Initiative

California’s toxics agency, the Department of Toxic Substances Control (DTSC), has released a draft three-year work plan identifying seven consumer product categories that may be the focus of the state’s Green Chemistry…more
| Commercial Law & Contracts, Environmental Law, Consumer Protection, Science, Computers, & Technology

A Brave New World? Recent Challenges Facing Foreign IT Companies in China

On September 1, 2014, China’s Ministry of Industry and Information Technology (MIIT) issued the Guiding Opinions on Strengthening Network Security in the Telecommunications and Internet Sectors (the “Opinions”). Issuance of the…more
| Commercial Law & Contracts, Communications & Media Law, International Law & Trade, Science, Computers, & Technology

Status Updates - September 2014 #5

..School discipline. The California legislature has passed a law that, if signed by Gov. Jerry Brown (or not vetoed by him before the end of September), would significantly expand privacy protections for students from…more
| Communications & Media Law, Education, Privacy

Plaintiffs Sent Back to the Drawing Board in Mislabeling Suit Over “All Natural” and “Fat Free” Claims on Frito-Lay Rold Gold Pretzels

Judge Samuel Conti of the Northern District of California recently issued another blow to class action plaintiffs—this time at the motion to dismiss stage—in Figy v. Frito-Lay N. Am., Inc., Case No. 13-3988-SC (N.D. Cal. Aug…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection, Products Liability
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