Orrick, Herrington & Sutcliffe LLP

Boarding passes ready – when employees may unexpectedly move around within a corporate group

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air…more
| Commercial Law & Contracts, International Law & Trade

The SEC Opens Up a New Front in the Cybersecurity Wars

For the last few years, the SEC has been issuing guidance as to appropriate cybersecurity policies and procedures for financial firms. In a move that signal’s the regulator’s willingness to put muscle into its cybersecurity…more
| Communications & Media Law, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

Down The Arbitration Rabbit Hole: Ninth Circuit Refuses To Enforce Employee’s Waiver Of PAGA Claims

On September 28, 2015, the Ninth Circuit held in Shukri Sakkab v. Luxottica Retail North America, Inc. that the FAA does not preempt the rule that the California Supreme Court enunciated in Iskanian v. CLS Transportation that…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Constitutional Law, Labor & Employment Law

Distressed Download - October 2015

Recent EU Insolvency Regulation - The EC Regulations on Insolvency Proceedings (the "EIR") came into force throughout the European Union (the "EU") (except Denmark) on May 31, 2002 with the purpose of setting out the rules…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade

CFTC’s Division of Market Oversight Provides Additional Time to Comply with Electronic Reporting Requirements in the OCR Final Rule

On September 28, the U.S. Commodity Futures Trading Commission’s (the “Commission”) Division of Market Oversight issued a no-action letter that provides reporting parties additional time to comply with certain reporting…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

EBA Report on Asset Encumbrance: September 2015

On October 1, 2015, the European Banking Authority (EBA) published its first report analyzing asset encumbrance in EU banks. The aim of the report is to monitor the extent of and the changes in the levels of asset encumbrance at…more
| Finance & Banking, International Law & Trade

Legislative Proposal for an EU Framework for Simple, Transparent and Standardized Securitization

On September 30, 2015 the European Commission (EC) published a legislative proposal for an EU framework for simple, transparent and standardized securitization. It has also published a legislative proposal for a regulation…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

NYCCHR’s Enforcement Guidance on NYC Credit Check Law: Answers and New Questions

On September 2, 2015, the New York City Commission on Human Rights (NYCCHR or Commission) issued Enforcement Guidance (Guidance) on the New York City Stop Credit Discrimination in Employment Act (SCDEA), which took effect on…more
| Civil Rights, Finance & Banking, Labor & Employment Law

Rating Agency Developments

On September 24, DBRS published a report describing its approach for monitoring European CMBS ratings. On September 25, DBRS published its methodology for rating European RMBS transactions issued in Europe with residential loans…more
| Finance & Banking, International Law & Trade, Real Estate - Commercial, Real Estate - Residential, Securities Law

CLAIM CONSTRUCTION “GAMESMANSHIP”? Quantum Corporation’s Expert Ordered To Sit For Further Deposition On Claim Construction

Order Re Crossroads’ Motion To Strike, Quantum Corporation v. Crossroads Systems Inc., Case No. C 14-04293 WHA (Judge William Alsup) - Expert witnesses are often used during patent claim construction to offer extrinsic…more
| Civil Procedure, Intellectual Property

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is…more
| Communications & Media Law, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

Orrick's Financial Industry Week in Review

SEC Proposes to Amend Rules Governing Its Administrative Proceedings - On September 24, the U.S. Securities and Exchange Commission (the "SEC") proposed to amend rules governing its administrative proceedings. Key changes…more
| Business Torts, Civil Procedure, Finance & Banking, International Law & Trade, Securities Law

European Commission Adopts Delegated Regulation Amending Solvency II Delegated Regulation on Treatment of infrastructure and ELTIF Investments

The European Commission has adopted a Delegated Regulation amending the Solvency II Delegated Regulation (EU 2015(35)) concerning the calculation of regulatory capital requirements for several categories of assets held by…more
| Commercial Law & Contracts, Finance & Banking, Insurance

SEC Seeks Public Comment on Regulation S-X

On September 25, the U.S. Securities and Exchange Commission (the “SEC”) announced that it is seeking public comment on the effectiveness of financial disclosure requirements in Regulation S-X. The request for comments…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Court Denies CIFG’s Attempt to Refile CDO Suit Against J.P. Morgan

On September 23, Justice Marcy S. Friedman of the New York Supreme Court for New York County denied CIFG’s motion to amend its complaint against J.P. Morgan in a case the Court previously dismissed in June. CIFG had originally…more
| Commercial Law & Contracts, Finance & Banking, Securities Law
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