Orrick, Herrington & Sutcliffe LLP

Rating Agency Developments

On February 9, DBRS published its methodology for rating Canadian government STRIP bonds. On February 9, DBRS published its methodology for guarantees and other forms of support. On February 9, DBRS published its methodology for…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Approvato Il Decreto Legge Sullariforma Delle Banche Di Credito Cooperativo

Wednesday, February 10, the Cabinet of Ministers has approved the decree that, after months of discussions, starts the reform of cooperative banks (the "Decree"). The reform, as stated in the press release issued by the Council…more
| Finance & Banking

U.S. Commodity Futures Trading Commission and European Commission Announce Common Approach for Transatlantic CCPs

On February 10, the U.S. Commodity Futures Trading Commission (the “CFTC”) and the European Commission announced a common approach relating to requirements for transatlantic central clearing parties (CCPs). The CFTC and the…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Virtual Learning: The Scope of Preemption Under the California Uniform Trade Secrets Act

Companies seeking protection under the California Uniform Trade Secrets Act (“CUTSA”) should consider the effects of CUTSA preemption on their litigation strategy. Under the well-known Silvaco Data System v. Intel Corporation…more
| Civil Remedies, Communications & Media Law, Conflict of Laws, Intellectual Property, Science, Computers, & Technology

Financial Services and Technology Companies Beware: The U.S. Office of Federal Contract Compliance Has A Target on Your Back

The President released his 2017 budget this week. Budgets are aspirational documents that Congress rarely implements in full. The current acrimony between Congress and the Administration ensures that the President’s 2017 budget…more
| Commercial Law & Contracts, Finance & Banking, Government Contracting, Labor & Employment Law, Science, Computers, & Technology

BCBS Finalizes Revised General Guide to Account Opening

On February 4, the Basel Committee on Banking Supervision (“BCBS“) published a revised draft of its guidelines on “sound management of risks related to money laundering and financing of terrorism” which comprises the Guidelines…more
| Finance & Banking, International Law & Trade

ECB Publishes the Response of the Eurosystem to the European Commission’s Call for Evidence on the EU Regulatory Framework for Financial Services

On February 4, the European Central Bank (“ECB“) published a response of the ECB and the national central banks of member states of the eurozone (Eurosystem) to the European Commission’s call for evidence on the EU regulatory…more
| Finance & Banking, International Law & Trade

Orrick's Financial Industry Week in Review

Financial Industry Developments - FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program - On February 2, the Federal Housing Finance Agency (the "FHFA") announced that Fannie Mae and Freddie…more
| Alternative Dispute Resolution (ADR), Finance & Banking, International Law & Trade, Real Estate - Residential, Securities Law

EIOPA Publishes Consultation Paper on the Development of an EU Single Market for Person Pension Products

On February 1, the European Insurance and Occupational Pensions Authority (“EIOPA“) published a consultation paper on its advice on the development of an EU Single Market for personal pension products (“PPP“). This consultation…more
| Finance & Banking, International Law & Trade

Chancery Court Continues to Close the Door on Disclosure-Only Settlements and Fees (But Opens a Window for “Mootness Dismissals”)

As previously discussed here, in 2015, the Delaware Court of Chancery issued a number of decisions calling for enhanced scrutiny of “disclosure-only” M&A settlements that involve no monetary benefits to a shareholder class. For…more
| Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Where Have You Gone Dennis Kozlowski? Third Circuit Dismisses Tyco Employee’s Whistleblower Claim Over Excessive Corporate Spending

On February 2, 2016, the Third Circuit affirmed the dismissal of a long-running SOX whistleblower suit filed by Jeffrey Wiest, a former accounts payable manager for Tyco Electronics. The decision is the first in which the Third…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Managers Beware: Individual Liability Confirmed Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain…more
| Civil Rights, Labor & Employment Law, Military Law

Morgan Stanley Settles RMBS Litigation with FDIC for $63M

On January 29, Morgan Stanley and the Federal Deposit Insurance Corporation agreed to settle five suits encompassing state and federal claims alleging that Morgan Stanley made misrepresentations in offering residential…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Rating Agency Developments

On February 2, DBRS released its critical obligations rating criteria. On February 1, KBRA released its general rating methodology as it pertains to corporate issuers…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Monkey Business: A Primate Can’t Claim Copyright in Selfies

Order Granting Motions to Dismiss, Naruto, et al. v. Slater, et al., Case No. 15-cv-04324-WHO (Judge William Orrick) - Are photographic “selfies” a uniquely human conceit? Parties in a Northern District copyright lawsuit…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property
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