Welcome to the MoFo D.C. Download

The inauguration of Donald J. Trump as the 45th president of the United States is a significant global event. The ongoing transition of leadership following the 2016 presidential election continues to raise questions for companies — both in the United States and elsewhere — about the potential business implications of the regulatory and legislative reforms that are being discussed.


January 17, 2017Announcements + Press

Welcome to the MoFo D.C. Download

The inauguration of Donald J. Trump as the 45th president of the United States is a significant global event. The ongoing transition of leadership following the 2016 presidential election continues to raise questions for companies — both in the United States and elsewhere — about the potential business implications of the regulatory and legislative reforms that are being discussed. ...›

Impact of the U.S. Government Shutdown on Antitrust Enforcement

The U.S. government partially shut down on December 22 after lawmakers failed to agree on appropriations to fund certain federal operations. The shutdown impacts hundreds of thousands of government employees, nine federal departments, and several agencies, including the Department of Justice (DOJ) and Federal Trade Commission (FTC), which are jointly responsible for antitrust enforcement. The ...›

December 20, 2018Antitrust + Competition

FTC Announces that Owner of New York Knicks, Rangers Agrees to Pay Civil Penalty for HSR Act Violation

On December 6, 2018, the FTC announced that James Dolan, Executive Chairman and CEO of The Madison Square Garden Company (MSG), agreed to pay a $609,810 civil penalty to settle charges brought by the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) that he violated the premerger notification requirements of the Hart-Scott-Rodino Act ...›

The President’s “Infrastructure Plan” Has Been Revealed… But What Does It Really Mean?

Several weeks ago, the Trump Administration revealed its long-awaited plan for renewing US infrastructure with the release of its Legislative Outline for Rebuilding Infrastructure in America. Like many of you, we at Morrison & Foerster have been asking ourselves: What exactly does this Outline represent? And how should those in the infrastructure business respond now? ...›

A ‘global game of whack-a-mole’: Overseas data rules are stuck in the 19th century

Law enforcement and national security officials’ attempts to access foreign-stored data often reveal a stark contrast: the digital data at issue is from the 21st century, while the available mechanisms to access it are decades or centuries old. The Supreme Court is addressing this very issue in United States v. Microsoft, which was argued last week and appeared ...›

In U.S. v. Microsoft, a Decades-Old Law Leaves Few Good Options

Writing in Wired, Morrison & Foerster’s David Newman reviews last week’s much-anticipated oral argument in United States v. Microsoft—which asks whether a warrant issued under 18 U.S.C. § 2703 of the Stored Communications Act (SCA) reaches communications stored overseas by providers located in the United States. Among the takeaways of oral argument was that several justices ...›

February 21, 2018Government Contracts

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›

February 15, 2018Government Contracts

New Debriefing Rules in Effect for DoD Contractors

As we discussed in an earlier post about the NDAA for FY 2018, one of the most significant changes with respect to procurement issues may be related to the DOD’s conduct of debriefings.  Perhaps missed in the discussions of a potential new protest regime going into effect in a couple years is the fact that one ...›