Orrick, Herrington & Sutcliffe LLP

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

April Brings Amendments to Washington and North Dakota Breach Notification Requirements

April saw amendments to Washington State's and North Dakota's breach notification statutes. In a prior Orrick Alert, we discussed some of the implications from the proposed data breach notification amendments in Washington…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Will We See Federal Trade Secret Legislation Passed This Year?

In January of this year, we noted that trade secret protection has lately been on the minds of lawmakers in Washington, and that federal trade secret legislation was very close to being enacted. While nothing is pending at the…more
| Civil Remedies, Elections & Politics, Intellectual Property

The Judge Next Door

Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015) - It is common to have discovery disputes in patent litigation, and parties often resolve such…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Delaware Supreme Court Clarifies That Section 102(b)(7) Charter Provisions May Be Basis For Dismissal At The Pleading Stage In Controlling Stockholder Transactions

On May 14, 2015, the Delaware Supreme Court clarified that, even in conflict-of-interest transactions subject to "entire fairness" review, breach of fiduciary duty claims against independent, disinterested directors should be…more
| Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts, Securities Law

IRS Limits Correction Opportunities under Section 409A Proposed Income Inclusion Regulations and Imposes 20% Penalty

In Chief Counsel Advice 201518013 (May 1, 2015) (the "CCA"), the IRS addresses an executive retention bonus that originally vested after three years and was payable in equal installments on the first two anniversaries of the…more
| Business Organizations, Labor & Employment Law, Finance & Banking, Taxation

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

Earlier this year, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset…more
| Bankruptcy, Commercial Law & Contracts, Labor & Employment Law

An Exercise of Business Judgment: Chancery Court Dismisses Shareholder Derivative Demand-Refused Case

Last week, Vice Chancellor Glasscock released an important decision dismissing a case under Rule 23.1 that was brought by a DuPont shareholder who alleged that the board improperly refused a demand to sue DuPont’s officers and…more
| Business Organizations, Business Torts, Civil Procedure, Commercial Law & Contracts, Securities Law

ESMA Publishes Clearing Obligation CP for Additional IRS Classes

On May 11, ESMA published a consultation paper (CP) on the clearing obligation for additional classes of interest rate derivatives, including fixed-to-floating interest rate swaps denominated in Czech Republic koruna (CZK),…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Nomura Found Liable in RMBS Trial

On May 11, 2015, Judge Denise Cote of the United States District Court for the Southern District of New York found Nomura Holdings Inc. liable for inaccurately characterizing the mortgage loan collateral backing seven RMBS…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

JP Morgan and Others Voluntarily Dismissed from FHLB Boston’s RMBS Suit

On May 8, 2015, the Federal Home Loan Bank of Boston filed a stipulation of voluntary dismissal with prejudice of claims it levied against JP Morgan Chase & Co., the Bear Stearns Companies Inc., EMC Mortgage Corporation and…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Joint Committee Report on Securitization

On May 12, 2015, the Joint Committee of the three European Supervisory Authorities (ESAs) published a report detailing its findings and recommendations regarding the disclosure requirements and obligations relating to due…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Kolon Finally Served With Criminal Summons in Korea, Subsequently Settles for $360 Million

On April 30, 2015, Kolon Industries finally resolved two long-standing disputes regarding its alleged misappropriation of trade secrets related to DuPont Co.’s bullet-proof Kevlar Material.  The settlement resolved a six-year…more
| Civil Procedure, Criminal Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology

ESMA Publishes Consultation Paper on Clearing Obligation Under EMIR

On May 11, 2015, the European Securities and Markets Authority (ESMA) published a fourth consultation paper (ESMA/2015/807) on the clearing obligation under EMIR (the Regulation on OTC derivative transactions, central…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

EBA Consults on Draft RTS on Specialized Lending Exposures

On May 11, 2015, the European Banking Authority (EBA) published a consultation paper (EBA/CP/2015/09) on draft regulatory technical standards (RTS) on assigning risk weights to specialized lending exposures under Article 153(9)…more
| Finance & Banking, International Law & Trade
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Contact: Adi Weisman

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