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

Michael Brickman Named Deputy Comptroller for Special Supervision

On January 26, 2015 Michael Brickman was named Deputy Comptroller for Special Supervision at the OCC. As Deputy Comptroller of Special Supervision, Mr. Brickman will oversee the supervision of the OCC’s most critical problem…more
| Administrative Law, Finance & Banking

CFTC Issues No-Action Relief to Certain Introducing Brokers

On January 23, 2015 the CFTC Division of Swap Dealer and Intermediary Oversight issued no-action relief to certain introducing brokers (IBs) with respect to net capital and financial reporting requirements under Commission…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations

In December, the American Bankruptcy Institute issued its Final Report and Recommendations of the Commission to Study the Reform of Chapter 11. The Report is almost 400 pages long and contains more than 200 recommendations…more
| Bankruptcy, Civil Procedure, Communications & Media Law, Finance & Banking

Rating Agency Developments

On January 23, 2015 DBRS released its methodology relating to Structured Finance Flow-Through Ratings..…more
| Finance & Banking

Federal Reserve Issues “Strategies for Improving the U.S. Payment System”

On January 26, 2015 the Federal Reserve issued a multi-faceted plan for collaborating with payment system stakeholders, including large and small businesses, emerging payments firms, card networks, payment processors, consumers…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking

Sacking UK Employee for Inappropriate Tweets May be a “Fair” Dismissal Under UK Law

In the recent case of Game Retail Limited v Laws, the UK Employment Appeal Tribunal (or “EAT“) considered the fairness of an employee’s dismissal for offensive tweets. This is the first time this issue has been considered at EAT…more
| Communications & Media Law, Labor & Employment Law, Privacy

FHFA Director testifies in front of the U.S. House of Representative Committee on Financial Services

On January 27, 2015 the  FHFA Director, Melvin L. Watt, testified in front of the U.S. House of Representatives Committee on Financial Services. Director Watt’s testimony provided..…more
| Finance & Banking, Real Estate - Residential

White House Proposal: Beef Up Anti-Hacking Laws and Resolve a Circuit Split

President Obama wants to go where the Supreme Court refused to tread.  As part of his  cybersecurity and privacy initiatives, which we discussed last week, the President would strengthen the federal anti-hacking provisions of…more
| Conflict of Laws, Criminal Law, Elections & Politics, Intellectual Property, International Law & Trade

Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment or…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Diverted Profits Tax and You: What does it mean?

A New Tax on doing business in or through the UK - The UK is on course to enact a new tax (the "DPT") with extraterritorial scope which will apply to profits arising on or after 1 April 2015 and will be applied at a rate…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Lehman Brothers Pension Scheme - The treatment of pensions claims in a UK insolvency process

When the Lehman Brothers group imploded in September 2008, the impact of events on the Lehman Brothers UK pension scheme (the "Scheme") was not seen as a key concern for anyone other than the members themselves. Yet as time…more
| Bankruptcy, Civil Procedure, Civil Remedies, Labor & Employment Law, Finance & Banking

Annual Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plans

Annual Information Statements and IRS Returns - Requirement to Report - For (1) any exercise of an incentive stock option (ISO) during 2014 or (2) transfer during 2014 of a share previously purchased pursuant to a…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law, Taxation

Orrick's Financial Industry Week in Review

Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) Regulations 2015 published - On January 13, 2015, the Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment)…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, International Law & Trade

High Court Says “Let It Ride”; Limo Company Fails to Flag Down Enough Justices to Hear PAGA Carve-out Case

On January 20, the United States Supreme Court denied certiorari in CLS Transportation Los Angeles LLC v. Iskanian, leaving intact a decision by the California Supreme Court holding that representative Private Attorney General…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

The Continuing Fall-Out from the Second Circuit’s Insider Trading Decision in Newman

Last week, a New York federal judge struck another blow to prosecutorial efforts to secure insider trading convictions in tipper-tippee cases. As discussed in detail here, the U.S. Attorney’s Office for the Southern District of…more
| Civil Procedure, Commercial Law & Contracts, Securities Law
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