Litigation RSS

Comcast Corp. v. Behrend: Supreme Court Reinforces Dukes -- Holds that Class Certification Requires Merits Assessment of Damages Claims

Thu, 28 Mar 2013 18:55:08 GMT

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court strongly reinforced its earlier decision in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011), breathing new life into the notion that individualized issues as to damages can defeat a class—a point defendants should consider when assessing how to oppose class certification in employment, wage-hour, and other class actions.

10 Questions About Arbitrating in Asia

Thu, 21 Mar 2013 23:24:30 GMT

Morrison & Foerster will sponsor the 2nd Annual International Arbitration Conference: International Arbitration in the Pacific Rim, on May 10, 2013 in Los Angeles. Cedric Chao will speak on the panel, 10 Questions About Arbitrating in Asia.

11^th Annual Rocky Mountain Intellectual Property and Technology Institute

Fri, 17 May 2013 18:17:21 GMT

Morrison & Foerster is pleased to sponsor the 11th Annual Rocky Mountain Intellectual Property & Technology Training. Scott Llewellyn will present "Evolving Domestic Industry Standards in the ITC" on May 30, 2013.

122nd Annual Convention of Bank Officers and Directors and 46th Annual Bank Counsel Seminar

Fri, 19 Apr 2013 22:41:42 GMT

Nancy Thomas is speaking at the 122nd Annual Convention of Bank Officers and Directors and 46th Annual Bank Counsel Seminar in Huningion Beach, CA on May 2-4, 2013.

2012 Product Liability Annual Review

Fri, 01 Mar 2013 01:15:17 GMT

We are pleased to present you with the 2012 Product Liability Annual Review, marking another successful year for Morrison & Foerster’s Product Liability Group. We would like to thank you, our clients, for the privilege of representing you in some of your most important and complex legal matters.

21st Annual Conference: Intellectual Property Law & Policy

Mon, 01 Apr 2013 17:27:56 GMT

Partner Patricia Martone will participate as a panelist at the Fordham IP Institute.

A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301

Tue, 14 May 2013 02:37:09 GMT

Agency Effectiveness Working Group Plenary: Investigative Process

Tue, 16 Apr 2013 18:42:16 GMT

Partner Kei Amemiya will speak on the "Agency Effectiveness Working Group Plenary: Investigative Process" panel at the ICN Annual Conference in Warsaw.

Best Practices for Assessing and Addressing Risk

Tue, 19 Mar 2013 00:23:41 GMT

Brian Hoffman is participating as a panelist for IAWatch on "Assessing and Addressing Compliance Risks."

Best Practices from the Judicial Perspective

Wed, 24 Apr 2013 18:33:11 GMT

Partner Brian Busey will moderate the “Best Practices from the Judicial Perspective” panel of Administrative Law Judges at the ITC Trial Lawyers Association Spring Meeting in Washington, D.C.

Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies

Tue, 14 May 2013 19:15:49 GMT

Careers in Patent Prosecution

Thu, 21 Mar 2013 17:22:19 GMT

CBP Enforcement of ITC Exclusion Orders: How to Ensure Your Patent Rights Are Properly Enforced Post-337 Investigation

Tue, 02 Apr 2013 17:22:53 GMT

Partner Brian Busey will speak on the "CBP Enforcement of ITC Exclusion Orders: How to Ensure Your Patent Rights Are Properly Enforced Post-337 Investigation" workshop at The 337 Litigation Summit in Washington D.C.

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

Thu, 25 Apr 2013 00:29:11 GMT

A second lawsuit has been filed challenging one of the centerpieces of California’s cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to distribute carbon emission allowances.

China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes

Wed, 27 Feb 2013 20:08:47 GMT

In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi Jinping, repeatedly have emphasized the important policy goal of combatting corruption.

Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information

Wed, 24 Apr 2013 23:01:45 GMT

As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this Decision, the Ministry of Industry and Information Technology (“MIIT”) published a draft version of the Provisions for Protection of Personal Information of Telecommunications and Internet Users (电信和互联网用户个人信息保护规定（征求意见稿）) (“Personal Information Protection Provisions”) and the Provisions for Registration of Authentic Identity Information of Telephone Subscribers (《电话用户真实身份信息登记规定（征求意见稿）》) (“Telephone Subscriber Registration Provisions”) on its official website on April 10, 2013 for public comment. The deadline for feedback and comments to the MIIT is May 15, 2013.

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Thu, 28 Mar 2013 16:08:07 GMT

Commercial Arbitration Training for Arbitrators and Counsel: Comprehensive Training for the Conducting of Commercial Arbitrations

Thu, 02 May 2013 00:37:00 GMT

Sherman Kahn is a member of the faculty at the NYSBA Dispute Resolution Section – Commercial Arbitration Training for Arbitrators and Counsel taking place at Benjamin Cardozo School of Law from June 17-19, 2013.

Computer Fraud and Abuse Act

Thu, 02 May 2013 00:27:28 GMT

Contextual Privacy

Fri, 03 May 2013 17:39:20 GMT

Miriam Wugmeister is presenting on 'Contextual Privacy' at the Forum on International Privacy Law.

CPSC Imposes Comprehensive Compliance Programs In Two Settlements, Warns This Is The Wave Of The Consumer Products Future

Wed, 08 May 2013 21:41:18 GMT

In the last two months, the Consumer Product Safety Commission (CPSC) has begun to impose comprehensive compliance systems on companies accused of untimely reporting potential product defects. The first such instance occurred in March, and the second occurred this week, imposing virtually identical internal and external compliance requirements in addition to the more standard monetary penalties.

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Thu, 09 May 2013 23:10:16 GMT

Last week in an unprecedented ruling, the Consumer Product Safety Commission (CPSC) was permitted to add former CEO Craig Zucker to its administrative complaint against the manufacturer of Buckyballs®. The complaint seeks to hold Zucker individually responsible for conducting a recall and remedial efforts for Buckyballs®, the high-powered magnets that have been under stringent CPSC scrutiny since 2011. This order signals a new enforcement tool that the CPSC is willing to use to negotiate recalls and penalties with consumer product manufacturers.

Cutting-Edge Issues in Global Anti-Corruption and Compliance

Thu, 02 May 2013 19:02:05 GMT

Cyber Security: You've been breached. Now what?

Wed, 01 May 2013 18:55:40 GMT

Rebekah Kaufman will be hosting an AIPLA Cyber Security Group webinar on “Cyber Security: You've been breached. Now what?”

Dancing with the DOJ: Negotiating a Please Agreement

Mon, 15 Apr 2013 19:10:35 GMT

Delaware Supreme Court Holds that Collateral Estoppel Applies to Dismissal on Demand-Futility Grounds

Fri, 05 Apr 2013 17:16:14 GMT

The past several years have seen a significant rise in the filing of derivative lawsuits in multiple jurisdictions against the same defendants for the same alleged wrongdoing. These duplicative actions can result in a substantial increase in costs of defense and risk. A decision released today by the Delaware Supreme Court, Pyott v. Louisiana Municipal Police Employees Retirement System, offers the hope of some relief from this trend through application of the doctrine of collateral estoppel—at least for defendants who are successful at the early demand-futility stage of the litigation.

Design Patents in High Tech and Component Industries

Mon, 08 Apr 2013 21:41:19 GMT

Partner Michael Jacobs will speak on the "Design Patents in High Tech and Component Industries" panel at Stanford Law School's Design Patents in the Modern World conference.

Designing and Managing the Developing Venture – Speaking to your Customers’ Needs

Mon, 25 Feb 2013 18:59:17 GMT

Michael Ward is guest lecturing for the Entrepreneurial Managment Class in the Executive MBA program at University of San Francisco. He will discuss ways in which to safeguard the early stage company's assets which includes IP and HR related situations and preventing the latter from becoming issues for the early stage venture.

DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue

Wed, 15 May 2013 20:30:27 GMT

Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo Económico y Social de Venezuela (BANDES) for violations of the Foreign Corrupt Practices Act (FCPA), the Travel Act and money laundering statutes. This latest indictment signals DOJ’s continuing focus on corruption in Latin America, and demonstrates DOJ’s willingness to dedicate FCPA enforcement resources to new industries, such as the financial services sector.

Don’t Judge a Book by Its Cover: Proactive Solutions to Counter Implicit Bias at Work and in the Legal Profession

Wed, 13 Mar 2013 21:08:56 GMT

Partner Eric Tate will moderate the panel "Don’t Judge a Book by Its Cover: Proactive Solutions to Counter Implicit Bias at Work and in the Legal Profession" at the Midwinter Meeting of the ABA Section of Labor and Employment Law's Employment Rights and Responsibilities Committee on March 19, 2013, in Miami, Florida.

Driving on Both Sides of the Road: Supreme Court Hears Bartlett Oral Argument

Thu, 21 Mar 2013 01:19:01 GMT

The Supreme Court heard oral argument yesterday in the much-anticipated Mutual Pharmaceuticals v. Bartlett case, No. 12-142. The Supreme Court will determine what most thought seemed already decided by PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011): whether design defect claims against generic drug manufacturers are preempted by federal law, and whether manufacturers can be held liable when their only other option is to withdraw from the market.

Employment Law Commentary, April 2013

Fri, 03 May 2013 17:50:23 GMT

Two wage and hour decisions were recently issued – one by the United States Supreme Court and the other by a Court of Appeal in California – that are emblematic of the continuing onslaught of wage and hour class action litigation and the highly technical procedural and substantive issues that are still being litigated.

Employment Law Commentary, February 2013

Mon, 25 Feb 2013 22:26:16 GMT

Modern technology has made it possible for workers to complete many of their job duties from just about anywhere. Do these technological capabilities mean that working from home is a reasonable accommodation under the Americans with Disabilities Act (ADA)? How should an employer respond if an employee requests to telecommute as an accommodation for her disability?

Employment Law Commentary, March 2013

Thu, 28 Mar 2013 23:22:16 GMT

Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the Pregnancy Disability Leave (“PDL”) Law, and new regulations interpreting reasonable accommodation under the Fair Employment and Housing Act (“FEHA”).

Enforcement Heads Reveal All at SIFMA Annual Seminar

Fri, 22 Mar 2013 23:12:37 GMT

The federal sequester and recent Supreme Court decision in Gabelli et al. v. Securities and Exchange Commission, 568 U.S. ____ (2013), will not substantially slow down regulators’ enforcement efforts, according to senior enforcement officials and other top regulators who spoke at the Annual Seminar of SIFMA’s Compliance & Legal Society this week. While conceding that those recent events might impose some limitations on their work, the officials presented an impressive array of enforcement priorities for the year, and provided strong suggestions to the industry and securities bar attendees about how to make investigations easier on both the enforcers and “enforcees.”

Environmental Standards

Fri, 08 Mar 2013 00:29:23 GMT

Partner Peter Hsiao spoke on "Environmental Standards" at the 43rd Annual Advanced ALI CLE Environmental Law Course of Study on February 8, 2013, in Washington, DC.

Fair Lending – Disparate Impact

Wed, 01 May 2013 00:32:47 GMT

Michael Agoglia and Tom Noto will be speaking at the MBA's Legal Issues and Regulatory Compliance Conference 2013.

Financial Services Report, Spring 2013

Tue, 12 Mar 2013 21:55:08 GMT

This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or Charlie Sheen. Lady Gaga will not be mentioned. Sure, there are those who would resort to tricks to game the search engines, in order that their cartoonish scrawls clog the top of everyone’s Google “hit list,” but George Clooney is not someone we’re going to talk about. Nothing here about Ben Affleck’s Oscar or Oscar Pistorius’s arraignment either. And forget about Adele’s baby. Angelo. That’s not to say that someone wouldn’t sprinkle celebrity names throughout these pages (think “Where’s Waldo” for bank lawyers), but that would simply ensure that you actually read these important articles because if you don’t your institutions will fail. Consider this a public service. Kate Middleton’s pregnancy? Not R Us! Try the other guys. You’re welcome.

FINRA Focuses on Anti-Money Laundering Procedures and Red Flags

Thu, 16 May 2013 23:21:00 GMT

Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures for detecting money laundering and other suspicious transactions in violation of the Bank Secrecy Act, 31 U.S.C. § 5318. The enforcement actions and accompanying announcement demonstrate FINRA’s continued focus on anti-money laundering (AML) compliance programs, and why implementing effective procedures will help firms avoid regulatory actions or scrutiny.

Food & Health Entrepreneurship Academy

Thu, 21 Mar 2013 17:41:59 GMT

FTC Releases Report on Improving Consumer Protections in Mobile Payments; Recommends Financial, Privacy and Data Security Protections

Wed, 13 Mar 2013 22:31:53 GMT

On March 8, 2013 the Federal Trade Commission (“FTC”) released a Report on mobile payments that serves to follow up on the FTC’s April 2012 workshop on mobile payments, as well as to lay the groundwork for the application of Section 5 of the FTC Act to new participants that operate in the mobile payments space, such as telecommunications and Internet search companies.

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

Wed, 01 May 2013 16:53:14 GMT

Last week, the staff of the Federal Trade Commission issued a crucial reading for operators of websites, apps, plug-ins, ad networks and other online services that are subject to its recently revised rule implementing the Children’s Online Privacy Protection Act: a much anticipated update of its COPPA FAQs.

Further Setback for the CFPB Director’s Authority?

Fri, 17 May 2013 18:25:59 GMT

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista Nursing and Rehabilitation, Nos. 11-3440, 12-1027, 12-1936 (3rd Cir. May 16, 2013).

GAO Dismisses Protest Based on a Post-Hoc Waiver of OCIs

Tue, 26 Feb 2013 00:23:58 GMT

Government agency to waive an OCI during the pendency of a protest.

Gleaning Insights from the Latest DOJ Guidance on Joint Licensing and Patent Pooling

Fri, 29 Mar 2013 00:35:54 GMT

Growth for Emerging Game Platforms

Tue, 05 Mar 2013 22:44:22 GMT

Partner Russell G. Weiss will moderate the "Growth for Emerging Game Platforms" panel at the Video Game Bar Association's "Game Business and Legal Affairs" conference in Los Angeles.

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

Tue, 12 Mar 2013 21:03:12 GMT

The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal Data (Privacy) Ordinance (“PDPO”) is the tightening of control over the use and provision of personal data in direct marketing activities.

Hot Topics in Employee Privacy and Technology

Mon, 20 May 2013 17:28:49 GMT

In this seminar we will a examine a number of pressing legal and practical issues in the workplace, looking at how to protect both organisations' and employees' rights in areas such as online recruitment and background checks, social media use and employee monitoring and the increasing popularity of BYOD.

Hot Topics in Patent Law 2012-2013: The Good, the Bad, and the Ugly

Tue, 23 Apr 2013 17:10:01 GMT

Partner Charles Barquist will speak on the “Hot Topics in Patent Law 2012-2013: The Good, the Bad, and the Ugly” panel at the May LAIPLA monthly meeting in Los Angeles.

How to Change Your Style at Trial

Tue, 30 Apr 2013 17:37:02 GMT

Howard v. Zimmer: Negligence Per Se Based on Violations of the FDCA—Blurring the Line Between Parallel Claims and Preemption

Wed, 27 Mar 2013 23:09:47 GMT

Last week in Howard v. Zimmer, the Oklahoma Supreme Court held that a plaintiff can assert a negligence per se claim against a medical device manufacturer based on the manufacturer’s violation of federal regulations, even where the federal regulations provide that their enforcement must be prosecuted by the United States.

International Conference on Investment, Merger & Acquisition and Intellectual Property Deployment & Transaction in Biotech/Pharma Industry

Thu, 02 May 2013 00:05:47 GMT

International Intellectual Property Society March 2013 Meeting

Mon, 25 Feb 2013 18:37:12 GMT

Patricia A. Martone of Morrison & Foerster will discuss “Patent Litigation in Japan from a US Perspective” and Bernard Malone from the Buenos Aires office of Baker & McKenzie Sociedad Civil will speak on the topic of “IP in Latin America”.

International Policy: What Changes in the US Team and its Approach?

Wed, 06 Mar 2013 18:49:58 GMT

Partner Roxann Henry will speak on the "International Policy: What Changes in the US Team and its Approach?" panel at the George Washington University Law School Competition Law Center and Concurrences Journal's Antitrust in the Obama 2nd Term: What to expect? conference in New York.

International Seminar on Cross-border E-Discovery

Thu, 28 Mar 2013 17:15:21 GMT

Daniel P. Levison's participation in a panel discussion on E-discovery for Japanese companies. This event is hosted by Tokyo Bar Association, Chicago Bar Association, and American Chamber of Commerce in Japan.

ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE

Fri, 29 Mar 2013 21:36:58 GMT

Morrison & Foerster has published the client alert “ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE.”

It's Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Mon, 18 Mar 2013 20:44:12 GMT

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval

Thu, 16 May 2013 01:31:31 GMT

Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the plaintiff who alleged his wife was injured by Abbott’s failure to adequately warn of risks related to its arthritis drug, Humira.

LAIPLA Spring Seminar 2013

Fri, 19 Apr 2013 19:01:59 GMT

The premier LAIPLA event of the year! Spring Seminar features nine hours of panel discussions and presentations on the latest developments in intellectual property law, provides excellent networking opportunities at the sponsor display area, cocktail receptions and dinners, and allows sufficient time for relaxation and enjoyable outdoor activities. Our speakers and panelists include federal judges, practitioners (including in-house attorneys), and academics. Our ultimate goal is to bring our professional community together at one beautiful location for an enriching weekend.

Legal Framework for IP Protection—Patents, Trademarks, Copyright, Trade Secrets

Fri, 10 May 2013 22:23:41 GMT

Michael ward will be a 2013 lecturer at the PIPRA Licensing Academy UC Davis summer program. His topics include; legal framerwork for IP protection -- Patents, trademarks, copyright, trade secrets.

Licensing Academy 2013

Thu, 21 Mar 2013 19:56:15 GMT

Life in Patent Law

Thu, 21 Mar 2013 17:38:33 GMT

Mind the Gap: Sixth Circuit Finds Room for Suit Against Generic Manufacturers After Mensing

Fri, 15 Mar 2013 00:20:22 GMT

MoFo BioMed Luncheon Series:
How to Stay Off the Litigation Turnpike

Fri, 17 May 2013 23:20:16 GMT

Litigation can strangle an emerging company and cripple a strong one. We will discuss the 10 most important tools for avoiding litigation in health and life sciences companies, regardless of their revenue or size. Our presenters have seen the mistakes and the results, and will help you avoid future problems.

New COPPA Rule and Compliance Challenges

Tue, 26 Feb 2013 18:13:45 GMT

On Monday, April 8 at noon EDT, Morrison & Foerster will present a complimentary, one-hour seminar on this subject: "New COPPA Rule and Compliance Challenges."

New COPPA Rule and Compliance Challenges

Tue, 26 Feb 2013 18:23:45 GMT

On Monday, April 8 at noon EDT, Morrison & Foerster will present a complimentary, one-hour webinar on this subject: "New COPPA Rule and Compliance Challenges."

New DOJ Guidance on Joint Licensing and Patent Pooling

Wed, 17 Apr 2013 18:48:02 GMT

Partner Sean Gates will speak on the "New DOJ Guidance on Joint Licensing and Patent Pooling" TeleBriefing sponsored by Law Seminars International on April 25 at 1:00 EDT.

New EU rules on online and alternative dispute resolution – a win/win?

Wed, 15 May 2013 15:21:06 GMT

On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”).

New FCPA Decision: The Battle Continues on the FCPA’s Jurisdictional Reach

Tue, 26 Feb 2013 01:50:39 GMT

Patent Pending: Corporations, The Constitution, and the Human Gene

Mon, 25 Feb 2013 18:15:52 GMT

Patent Prosecution Presentation to Law Students

Thu, 21 Mar 2013 17:35:11 GMT

Picking Up Steam? CARB Reports that California’s Second Carbon Auction Exceeds Price Expectations

Tue, 26 Feb 2013 00:59:53 GMT

California’s second auction of greenhouse gas (GHG) allowances exceeded expectations, with allowances clearing above both the reserve price and the price predicted by leading market analysts.

PLI Privacy and Data Security Law Institute

Mon, 18 Mar 2013 17:56:16 GMT

Miriam Wugmeister will speak on the on International Data Security and Breach Notification Requirements at the PLI Privacy and Data Security Law Institute on June 17, 2013 in New York.

Presenting Argument

Mon, 29 Apr 2013 21:43:04 GMT

Privacy in Asia

Fri, 03 May 2013 17:33:40 GMT

Miriam Wugmeister will be speaking about "Privacy in Asia."

Privacy In The Cloud

Sat, 21 Dec 2013 15:48:33 GMT

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Wed, 08 May 2013 23:40:18 GMT

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 supposedly designed to make the law less susceptible to the widespread abuses by plaintiffs’ lawyers suffered by those who do business in California. While it is encouraging that the Governor and his staff recognize the significant problems and abuses engendered by this statute over the last 25 years, the suggestions fall short of what needs to be done, and in the case of warnings would only increase the burdens on businesses in California.

Revolving Door Risk: Failure to Follow Best Practices Can Have Severe Consequences

Tue, 16 Apr 2013 19:49:25 GMT

Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that high-level federal employees jump from the government to private industry and take sensitive government information with them, Congress has reacted over the years with complex and often overlapping revolving door legislation that places post-government employment restrictions on certain employees. While many government employees successfully transition to the private sector, failing to observe the revolving door laws and regulations can result in severe consequences for both the contractor and the government employee. A recent example of what can go wrong for both is the case of Timothy Cannon and The Gallup Organization (“Gallup”).

SEC and CFTC Issue Identity Theft Rules

Fri, 19 Apr 2013 22:35:09 GMT

Today, April 19, 2013, the Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC") published in the Federal Register rules and guidelines requiring their respective regulated financial institutions to establish programs to address the risks of identity theft, i.e., "fraud committed or attempted using the identifying information of another person without authority."

SEC Offers Guidance on Use of Social Media for Public Disclosure

Fri, 05 Apr 2013 16:30:37 GMT

On April 2, 2013, the SEC issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) which indicates that social media channels − such as Twitter and Facebook − could be used by public companies to disseminate material information, without running afoul of Regulation FD. The SEC emphasized that companies should apply the guidance from its 2008 interpretive release regarding the disclosure of material information on company websites when analyzing whether a social media channel is in fact a “recognized channel of distribution,” including the guidance that investors must be provided with appropriate notice of the specific channels that a company will use in order to disseminate material nonpublic information.

SEC Sanctions Fund Trustees for Inadequate Disclosures and Failure to Follow Compliance Policies

Fri, 03 May 2013 00:57:34 GMT

The SEC today charged the trustees of two “turnkey” mutual fund trusts with causing untrue or misleading disclosures about their review of the funds’ advisory contracts, and failure to follow their own procedures in connection with compliance policies. The staff said that it “will aggressively enforce investors’ rights to accurate and complete information about [fund trustees’] process and decision-making.”

SEC Whistleblower Office "Open for Business and Ready to Pay"

Fri, 05 Apr 2013 18:52:17 GMT

Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits

Thu, 21 Mar 2013 22:40:47 GMT

In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s long-standing interpretation that stormwater run-off from logging roads are exempt from NDPES permitting requirements.

Supreme Court Hears Monsanto Patent Case

Fri, 01 Mar 2013 18:09:35 GMT

Partner Michael R. Ward, Ph.D. has recorded the podcast "Supreme Court Hears Monsanto Patent Case."

Supreme Court Holds that "First Sale" Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad: Kirtsaeng v. John Wiley & Sons, Inc.

Wed, 20 Mar 2013 17:37:07 GMT

Morrison & Foerster has published the client alert "Supreme Court Holds that 'First Sale' Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad."

Supreme Court Holds That Securities Fraud Plaintiffs Do Not Have to Prove Materiality to Certify a Class

Thu, 28 Feb 2013 02:24:44 GMT

The Supreme Court issued a much-anticipated decision today in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. __ (2013), affirming the Ninth Circuit and holding that securities class action plaintiffs do not have to prove that alleged misrepresentations or omissions were material at the class certification stage. The ruling has substantial implications for future securities fraud class actions, where materiality could otherwise have proven a significant hurdle for plaintiffs.

Supreme Court: Statute of Limitations in SEC Fraud Cases Begins to Run When Fraud Occurs, not When Discovered.

Thu, 28 Feb 2013 02:37:11 GMT

The Supreme Court today ruled that in an SEC action to recover civil penalties, the five-year statute of limitations begins to run when fraud occurs, not when it is discovered. The Court held in Gabelli et al. v. Securities and Exchange Commission that the “discovery rule” does not apply to an SEC enforcement action sounding in fraud.

The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged

Tue, 09 Apr 2013 22:57:01 GMT

Morrison & Foerster has published the client alert "The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged."

The Cybersecurity Executive Order: What You Need to Know and What the Future Might Hold

Tue, 09 Apr 2013 22:00:17 GMT

The FTAIA in the Courts: Consumers Trumping Comity?

Mon, 15 Apr 2013 18:42:30 GMT

The Future of Dispute Resolution

Thu, 14 Mar 2013 03:38:16 GMT

Cedric Chao will moderate a panel discussion on, The Future of Dispute Resolution, in the San Francisco office on April 4, 2013. The event is presented by Y-ADR.

The Impact of International Privacy on Discovery

Mon, 15 Apr 2013 20:02:52 GMT

The Ninth Annual Comprehensive Conference on: Class Actions and Other Aggregate Litigation

Wed, 01 May 2013 18:42:32 GMT

Rebekah Kaufman is speaking at the LSI "Class Actions and Other Aggregate Litigation" Conference. Ms. Kaufman will be discuss an overview of California's privacy policy enforcement initiative for mobile app developers.

The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading

Mon, 18 Mar 2013 23:55:03 GMT

Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework articulated in Gilstrap v. United Air Lines and discuss its implications on the litigation horizon. To learn more, click here.

The SEC Speaks: Reflections and Enforcement Initiatives in 2013

Wed, 06 Mar 2013 01:33:25 GMT

Each year at The SEC Speaks, the Commissioners and senior leadership of the Securities and Exchange Commission identify the agency’s priorities and initiatives for the coming year. Of course, one of the most anticipated discussions concerns the Commission’s enforcement trends and priorities, and this year the Division of Enforcement’s most senior staff members provided their thoughts on the past, present, and future of their work.

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

Mon, 29 Apr 2013 17:55:13 GMT

This week, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965. And earlier this Term, the Supreme Court granted certiorari in a specific personal jurisdiction case—Walden v. Fiore, No. 12-574.

The UC Entrepreneurship Academy

Thu, 21 Mar 2013 17:30:08 GMT

The UC Entrepreneurship Academy

Thu, 21 Mar 2013 17:51:31 GMT

The Wrong Paradigm? Reforming Patent Pool Guidelines

Mon, 15 Apr 2013 19:16:35 GMT

U.S. Government Regulation of Israeli High Tech Companies

Tue, 19 Mar 2013 00:49:06 GMT

MoFo is co-sponsoring an event with Kroll Advisory Solutions enititled "U.S. Governement Regulation of Israeli High Tech Companies".

Litigation RSS

Comcast Corp. v. Behrend: Supreme Court Reinforces Dukes -- Holds that Class Certification Requires Merits Assessment of Damages Claims

10 Questions About Arbitrating in Asia

11th Annual Rocky Mountain Intellectual Property and Technology Institute

122nd Annual Convention of Bank Officers and Directors and 46th Annual Bank Counsel Seminar

2012 Product Liability Annual Review

21st Annual Conference: Intellectual Property Law & Policy

A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301

Agency Effectiveness Working Group Plenary: Investigative Process

Best Practices for Assessing and Addressing Risk

Best Practices from the Judicial Perspective

Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies

Careers in Patent Prosecution

CBP Enforcement of ITC Exclusion Orders: How to Ensure Your Patent Rights Are Properly Enforced Post-337 Investigation

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes

Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Commercial Arbitration Training for Arbitrators and Counsel: Comprehensive Training for the Conducting of Commercial Arbitrations

Computer Fraud and Abuse Act

Contextual Privacy

CPSC Imposes Comprehensive Compliance Programs In Two Settlements, Warns This Is The Wave Of The Consumer Products Future

CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall

Cutting-Edge Issues in Global Anti-Corruption and Compliance

Cyber Security: You've been breached. Now what?

Dancing with the DOJ: Negotiating a Please Agreement

Delaware Supreme Court Holds that Collateral Estoppel Applies to Dismissal on Demand-Futility Grounds

Design Patents in High Tech and Component Industries

Designing and Managing the Developing Venture – Speaking to your Customers’ Needs

DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue

Don’t Judge a Book by Its Cover: Proactive Solutions to Counter Implicit Bias at Work and in the Legal Profession

Driving on Both Sides of the Road: Supreme Court Hears Bartlett Oral Argument

Employment Law Commentary, April 2013

Employment Law Commentary, February 2013

Employment Law Commentary, March 2013

Enforcement Heads Reveal All at SIFMA Annual Seminar

Environmental Standards

Fair Lending – Disparate Impact

Financial Services Report, Spring 2013

FINRA Focuses on Anti-Money Laundering Procedures and Red Flags

Food & Health Entrepreneurship Academy

FTC Releases Report on Improving Consumer Protections in Mobile Payments; Recommends Financial, Privacy and Data Security Protections

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

Further Setback for the CFPB Director’s Authority?

GAO Dismisses Protest Based on a Post-Hoc Waiver of OCIs

Gleaning Insights from the Latest DOJ Guidance on Joint Licensing and Patent Pooling

Growth for Emerging Game Platforms

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

Hot Topics in Employee Privacy and Technology

Hot Topics in Patent Law 2012-2013: The Good, the Bad, and the Ugly

How to Change Your Style at Trial

Howard v. Zimmer: Negligence Per Se Based on Violations of the FDCA—Blurring the Line Between Parallel Claims and Preemption

International Conference on Investment, Merger & Acquisition and Intellectual Property Deployment & Transaction in Biotech/Pharma Industry

International Intellectual Property Society March 2013 Meeting

International Policy: What Changes in the US Team and its Approach?

International Seminar on Cross-border E-Discovery

ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE

It's Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval

LAIPLA Spring Seminar 2013

Legal Framework for IP Protection—Patents, Trademarks, Copyright, Trade Secrets

Licensing Academy 2013

Life in Patent Law

Mind the Gap: Sixth Circuit Finds Room for Suit Against Generic Manufacturers After Mensing

MoFo BioMed Luncheon Series: How to Stay Off the Litigation Turnpike

New COPPA Rule and Compliance Challenges

New COPPA Rule and Compliance Challenges

New DOJ Guidance on Joint Licensing and Patent Pooling

New EU rules on online and alternative dispute resolution – a win/win?

New FCPA Decision: The Battle Continues on the FCPA’s Jurisdictional Reach

Patent Pending: Corporations, The Constitution, and the Human Gene

Patent Prosecution Presentation to Law Students

Picking Up Steam? CARB Reports that California’s Second Carbon Auction Exceeds Price Expectations

PLI Privacy and Data Security Law Institute

Presenting Argument

Privacy in Asia

Privacy In The Cloud

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Revolving Door Risk: Failure to Follow Best Practices Can Have Severe Consequences

SEC and CFTC Issue Identity Theft Rules

11^th Annual Rocky Mountain Intellectual Property and Technology Institute

MoFo BioMed Luncheon Series:
How to Stay Off the Litigation Turnpike