Michelle van Oppen

Michelle van Oppen

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Repurchase Action Against Natixis Real Estate Holdings, LLC Survives Motion to Dismiss

On July 1, Justice Marcy Friedman of the Supreme Court of New York for New York County denied Natixis Real Estate Holdings, LLC’s (“Natixis”) motion to dismiss a repurchase action brought by Wells Fargo Bank, N.A., and...more

7/14/2015 - Attorney's Fees Banking Sector Banks Financial Institutions Holding Companies Motion to Dismiss NY Supreme Court PSA Repurchases Wells Fargo

Court Denies Motion for Partial Summary Judgment in RMBS Repurchase Litigation

On May 22, 2015, Judge Denise Cote of the United States District Court for the Southern District of New York denied defendants WMC Mortgage, LLC and GE Mortgage Holding, L.L.C.’s motion for partial summary judgment to dismiss...more

6/3/2015 - Bank of New York Mellon Economic Damages Pooling Agreement Repurchases RMBS

There’s No Place Like Home: The Constitutionality of the SEC’s In-House Courts

Until recently, it was extremely rare for the SEC to bring enforcement actions against unregulated entities or persons in its administrative court rather than in federal court. However, as a result of the Dodd-Frank Act (and...more

10/29/2014 - Administrative Hearings Dodd-Frank Enforcement Actions Judge Rakoff SEC

Judge Rakoff’s “Sour Grapes”: SEC v. Citigroup Settlement Approved

On August 5, 2014, U.S. District Judge Jed Rakoff reluctantly approved a$285 million settlement in the SEC’s enforcement action against Citigroup. In SEC v. Citigroup, the SEC alleged that after Citigroup realized in early...more

8/13/2014 - Citigroup Enforcement Enforcement Actions Judge Rakoff Mortgage-Backed Securities SEC SEC v Citigroup Settlement

Insider Trading Gets Political: Trading on Political Intelligence

Some things are better left unsaid. Especially, it seems, when they involve political intelligence shared by a congressional aide with a lobbyist linked to a political intelligence firm serving Wall Street traders....more

7/2/2014 - CMS DOJ Grand Juries Healthcare Insider Trading Misappropriation SEC STOCK Act Subpoenas Testimony Wall Street Ways and Means Committee

Sheer Yoga Pants And Over-Stretched Allegations: Court Refuses To Stretch Allegations Of Corporate Mismanagement Into Federal...

A lack of sweaty models trying on yoga pants may be problematic, but does it give rise to securities fraud? Not in the Southern District of New York. In In re lululemon Securities Litigation, decided on April 18, 2014,...more

5/14/2014 - Class Action False Advertising Lululemon Mismanagement Rule 10b-5 Section 10(b) Securities Exchange Act Securities Fraud

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