Morrison & Foerster LLP

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1,000+ Attorneys

Under Lock And Key – Private Sales May Not Qualify As Public Disclosure

Recently, the Federal Circuit affirmed a PTAB decision finding that a private sale of a product did not constitute a public disclosure by the inventor of the product. The Leahy-Smith America Invents Act provides exceptions for…more
 /  Intellectual Property

Top 10 International Anti-Corruption Developments for August 2024

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past month,…more
 /  Antitrust & Trade Regulation, Criminal Law, International Law & Trade

Commerce Announces New Trade Controls Affecting Quantum Technologies and AI Developers

The Department of Commerce, Bureau of Industry and Security (BIS) just announced two developments impacting the Artificial Intelligence (AI) and advanced technologies sectors. Specifically, BIS imposed the first export controls…more
 /  Administrative Law, Government Contracting, International Law & Trade, Science, Computers, & Technology

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions…more
 /  Administrative Law, Government Contracting, International Law & Trade, Labor & Employment Law

OFAC Extends Recordkeeping Requirements from Five to 10 Years; Issues Paperwork Reduction Act Request for Comments

On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public comments…more
 /  Administrative Law, Finance & Banking, International Law & Trade, Government Contracting

Social Links: Tinder, TikTok, and the Copacabana

Double-check before swiping right. Ubiquitous dating app Tinder scored a court victory when the U.S. District Court in New Jersey ruled in Ciapinska v. Tinder that the arbitration clause in the app’s terms of use (TOU) is…more
 /  Alternative Dispute Resolution (ADR), Communications & Media Law, Consumer Protection, Intellectual Property, Privacy

When Your Life Sciences Are on the Line: Product Liability and Mass Torts

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth episode of When Your Life Sciences Are on the Line, where leading…more
 /  Health, Products Liability, Science, Computers, & Technology

Prepare to Disclose: California Legislature Declines to Extend AB 1305 Voluntary Carbon Market Disclosure Deadline, Leaves Existing SB 253 and SB 261 Climate Disclosure Timelines in Place

Last year, California passed three first-in-the-nation climate laws imposing disclosure obligations on thousands of companies with a presence in California. In October of 2023, California signed into law AB 1305, requiring…more
 /  Business Organizations, Environmental Law

What Makes a Case Exceptional?

What Makes a Case Exceptional? Panel: Chief Judge Moore and Judges Lourie and Albright,[1] with Judge Albright authoring the opinion. You should read this case if: you are seeking or opposing an award of attorneys’ fees under 35…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Social Links: Deepfakes, AI, And The Continuing Saga Of Reddit

Lingo Telecom, a Georgia-based VoIP service operator, has agreed to pay a $1 million fine for using AI-generated deepfake technology to spoof President Joe Biden’s voice in a series of robocalls. A Louisiana political consultant…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Elections & Politics, Intellectual Property, Science, Computers, & Technology

DOJ Rages Against the Machine: The Feds and Several States Accuse RealPage of Helping Landlords Collude and Monopolizing Multifamily Revenue Management Software Market

After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight…more
 /  Antitrust & Trade Regulation, Consumer Protection, Real Estate - Residential, Science, Computers, & Technology

Immersive Technologies: The Uncertain Regulatory Landscape

Immersive technologies are at the forefront of innovation in the consumer technology and life sciences industries, but regulators are struggling to fit these devices, which blend clinical software with commercial headsets,…more
 /  Consumer Protection, Health, Science, Computers, & Technology

DOD Aligns With FAR On Sustainable Procurement

The U.S. Department of Defense (DoD) issued a final rule bringing the Defense Federal Acquisition Regulation Supplement (DFARS) into alignment with changes to the Federal Acquisition Regulation (FAR) that reorganized Part 23 on…more
 /  Administrative Law, Environmental Law, Government Contracting

FDIC Proposes Broader Role Under the Change in Bank Control Act

On July 30, 2024, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking (NPR) that would expand the FDIC’s role under the Change in Bank Control Act of 1978 (CBCA). The NPR seeks, in part, to…more
 /  Finance & Banking, Mergers & Acquisitions, Securities Law

Social Links: Recent Developments In The Law And Business Of Social Media

The Federal Trade Commission has finalized a new rule aimed at curtailing false, misleading, and otherwise fraudulent reviews on online retail sites. Fake reviews are a significant problem for the big e-commerce platforms, given…more
 /  Communications & Media Law, Consumer Protection, Intellectual Property, Privacy, Science, Computers, & Technology
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