Orrick, Herrington & Sutcliffe LLP

The Orrick Building 405 Howard Street
San Francisco, CA 94105-2669, United States

Contact: Adi Weisman

  • 415-773-5700
  • 415 773 5972

ESMA Discussion Paper on Calculation of Counterparty Risk by UCITS for OTC Derivatives Subject to EMIR Clearing

On July 23, ESMA published a discussion paper on how the limits on counterparty risk in centrally cleared OTC derivative transactions under the UCITS IV Directive should be calculated, and whether the same rules for both OTC…more
| Finance & Banking, International Law & Trade, Securities Law

Reviews into LIBOR, EURIBOR and TIBOR

On July 22, the International Organisation of Securities Commissions (IOSCO) published a Web page on its review of the implementation of IOSCO’s principles for financial benchmarks by administrators of the London Interbank…more
| Finance & Banking, International Law & Trade

Perhaps Overdue, Pregnancy Discrimination Update Issued by the EEOC

Following up on our recent post regarding pregnancy discrimination developments, the Equal Employment Opportunity Commission issued the Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14, 2014. This is…more
| Civil Rights, Labor & Employment Law

Rating Agency Developments

On July 24, S&P issued a request for comment on changes to methodology and assumptions for assessing Japanese RMBS. On July 24, Fitch issued Asia-Pacific Consumer ABS ratings criteria. On July 24, Fitch issued UK…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

Morgan Stanley Settles RMBS Charges with SEC

On July 24, the SEC announced that it had charged three Morgan Stanley entities with misleading investors with regard to two RMBS securitizations that the firms underwrote, sponsored and issued and that the firm agreed to settle…more
| Civil Remedies, Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Sends Wells Notice to S&P Concerning MBS Ratings

On July 23, S&P’s parent company, McGraw Hill Financial Inc., disclosed that it received a Wells notice indicating that the SEC’s enforcement staff had made a preliminary determination to recommend that the SEC institute an…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Court Grants in Part and Denies in Part Nomura’s Motion to Dismiss Trustee Repurchase Action

On July 18, Justice Marcy Friedman of the New York County Supreme Court, Commercial Division, granted in part and denied in part Nomura Credit & Capital Inc.’s motion to dismiss claims brought by HSBC, as Trustee for the NAAC…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

SEC Issues Money Market Fund Reform Rules

On July 23, the SEC adopted amendments to the rules that govern money market mutual funds. The new rules require a floating net asset value (NAV) for institutional prime money market funds to fluctuate, which allows the daily…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Proposes Removing Credit Rating References and Amending Issuer Diversification Requirement

On July 23, the SEC re-proposed amendments, initially proposed in March 2011, related to the removal of credit rating references in rule 2a-7 and Form N-MFP of the Investment Company Act. The re-proposed amendments would…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Fed Releases Study on Payments within the United States

On July 21, the Fed released a study providing insights into payments within the United States…more
| Finance & Banking

FDIC Gives Guidance to S-Corporation Banks Regarding Dividends under Basel III

On July 21, the FDIC clarified how it will evaluate requests by S-Corporation Banks to make dividend payments that would otherwise be prohibited under the Basel III capital conservation buffer. New Basel III capital rules…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Securities Law, Taxation

Orrick's Financial Industry Week in Review

Amendments to Offshore Fund Rules to Reflect Finance Act 2014 AIFM Partnership Tax Changes - Regulations amending the Offshore Funds Regulations 2009 (the 2009 Regulations) to reflect the Finance Act 2014 changes to the…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Federal District Court in San Francisco Sentences More Defendants in Trade Secret Cases

The U.S. District Court in San Francisco was busy this month sentencing defendants in two of the year’s biggest trade secrets cases. First, on July 10, U.S. District Court Judge Jeffrey S. White sentenced Walter Lian-Heen…more
| Civil Remedies, Criminal Law, Intellectual Property

The German Federal Labor Court (Bundesarbeitsgericht – BAG) rejects doubtful discrimination complaints

Even if a potential Employer does not know that an applicant is unsuitable for the offered job from an objective point of view, compensation claims based on discrimination would not be granted. The first comprehensive…more
| Civil Procedure, Civil Rights, Labor & Employment Law

U.S. District Court Limits the Extraterritorial Application of U.S. Bankruptcy Law but Important Considerations for Foreign Investors Remain

On July 6, 2014, Judge Jed S. Rakoff, United States District Judge for the Southern District of New York, declined to extend the reaches of section 550(a) of the Bankruptcy Code abroad to permit the recovery of funds that were…more
| Bankruptcy, Civil Procedure, Finance & Banking, International Law & Trade, Securities Law
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