On June 30, 2021, President Biden signed a Congressional Review Act (CRA) resolution rescinding the OCC True Lender Rule, a bright-line rule issued in October 2020 to simplify the standards governing when a traditional bank in a partnership with
Morrison & Foerster LLP
We collaborate across a global network of 17 offices located in key technology and financial centers in the United States, Asia, and Europe. Our clients include some of the largest financial institutions, Fortune 100 companies, and leading technology and life sciences companies. We also represent investment funds and startup companies, and over the years have supported many in their growth and development as leading industry players and household brands.
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Some Things Never Change… Including, Apparently, T&Cs in Germany
With a judgment dated April 27 and published on June 4, 2021, the German Federal Court (Bundesgerichtshof – the “Court”) declared unfair and therefore illegal and unenforceable a common way to make changes to terms and conditions (“T&Cs”) used vis-à-vis…
Northern District of California Holds that Section 230 Applies to App Store
While Section 230 of the Communications Decency Act continues to face significant calls for reform or even elimination, the recent Coffee v. Google case illustrates that Section 230 continues to provide broad protection to online service providers.
In Coffee…
Click Yes to Accept: Fairness and Transparency in Consumer Contracts in Europe
Companies contracting with consumers have to take care to ensure their agreement terms are enforceable. In one of the first post-Brexit decisions on issues in an online consumer contract, a UK court recently showed that principles of fairness and transparency …
Mitigating User Content Risk After EU Copyright Directive
Partner Christiane Stuetzle, senior associate Patricia Ernst, and research assistant Susan Bischoff authored an article for Law360 covering how online content service providers must act to mitigate risks and avoid liability under the European Union’s Copyright Directive, created in an effort to…
Draft EU Regulation for Artificial Intelligence Proposes Fines of up to 6% of Total Annual Turnover (client alert)
After the presentation of a general “European Approach to Artificial Intelligence” by the EU Commission in March 2021, a detailed draft regulation aimed at safeguarding fundamental EU rights and user safety was published today (“Draft Regulation”). The Draft Regulation’s main…
Ninth Circuit’s Snap Decision Limits Section 230 Immunity
A recent ruling by the Ninth Circuit Court of Appeals in Lemmon v. Snap provides a reminder that while Section 230 of the Communications Decency Act provides broad immunity to the owners and operators of websites and mobile apps, that…
AMLA Implementation: FinCEN Requests Input on Beneficial Ownership Rule
Following the enactment of the Anti-Money Laundering Act of 2020 (AMLA), which encompasses the Corporate Transparency Act (CTA), the Financial Crimes Enforcement Network (FinCEN) published an Advance Notice of Proposed Rulemaking (ANPR) on April 5, 2021, to implement Section 6403 of the…
Much-Anticipated Supreme Court Ruling Limits the Telephone Consumer Protection Act’s Definition of an Autodialer
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid, impacting many pending Telephone Consumer Protection Act (TCPA) cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally…
Who Do You Know? Contacts Access and Data Privacy Issues in Burgeoning Social Media Apps.
We’ve all been there: How many times have we downloaded a new social media app, only to have one of the sign-up steps ask for access to our contacts or address book? While on the surface the request seems innocent…