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

Orrick's Derivatives in Review - October 2014

Prudential Regulators and CFTC Re-Propose Rules for Uncleared Swap Margin - Both the Commodity Futures Trading Commission and the prudential regulators re-proposed their April 2011 proposed rules imposing initial and…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Delaware Court Dismisses Action Against Seller's Directors and Financial Advisor, And Finds That Large Stockholder's "Side Deals" Did Not Warrant Entire Fairness Review

On October 24, 2014, the Delaware Court of Chancery issued a decision, In Re: Crimson Exploration Inc. Stockholder Litigation, addressing when: (i) a stockholder with less than majority voting power may be deemed a controlling…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Securities Law

U.S. and U.K. Officials Meet to Discuss Key Components for the Resolution of a Global Systemically Important Bank

On October 13, the heads of the Treasuries and leading financial regulatory bodies in the United States and United Kingdom participated in an exercise designed to further the understanding, communication, and cooperation between…more
| Finance & Banking, International Law & Trade

Court Grants in Part and Denies in Part JPMorgan’s Motion to Dismiss RMBS Action

On October 16, Judge Susan J. Dlott of the United States District Court for the Southern District of Ohio granted in part and denied in part several JPMorgan entities’ motion to dismiss a complaint filed by several Western &…more
| Civil Procedure, Finance & Banking, Business Torts, Insurance, Securities Law

Rating Agency Developments

On October 13, Moody’s released is rating methodology for U.S. Health Insurance Companies. On October 10, DBRS published its methodologies regarding the following..…more
| Commercial Law & Contracts, Finance & Banking, Health, Insurance

Holidays (Un)Limited

We’ve received a number of requests in the past 12 months to include an unlimited holiday clause in standard employment contracts. It’s a Silicon Valley trend edging its way into the UK employment landscape via tech companies…more
| Labor & Employment Law, International Law & Trade

First Department Affirms Dismissal of Ambac’s Contract Claims Against EMC

On October 16, the Appellate Division, First Department of the Supreme Court of New York affirmed the dismissal of Ambac Assurance Corporation’s breach of contract claims against EMC Mortgage arising out of an RMBS transaction…more
| Civil Procedure, Constitutional Law, Finance & Banking, Real Estate - Residential, Securities Law

Federal Reserve Board and FDIC Welcome ISDA Announcement

On October 11, the Board of Governors of the Federal Reserve System and the FDIC applauded the International Swaps and Derivatives Association (ISDA) for the agreement of a new resolution stay protocol…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

The Federal Reserve Bank of New York Releases Survey of Consumer Expectations

On October 14, the Federal Reserve Bank of New York released results from its September 2014 Survey of Consumer Expectations (SCE)…more
| Finance & Banking, Consumer Protection

CFTC Staff Announces Self-Executing Registration No-Action Relief for Delegating CPOs

On October 15, CFTC Division of Swap Dealer and Intermediary Oversight (DSIO) announced that it is providing self-executing registration no-action relief for certain commodity pool operators (CPOs) who delegate certain…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Housing Survey Takes Deep Dive into U.S. Housing Stock

On October 16, HUD released the American Housing Survey (AHS), which takes a deep look at the U.S. housing stock including detailed information on housing costs and quality…more
| Real Estate - Residential

There’s No Place Like Home: The Constitutionality of the SEC’s In-House Courts

Until recently, it was extremely rare for the SEC to bring enforcement actions against unregulated entities or persons in its administrative court rather than in federal court. However, as a result of the Dodd-Frank Act (and…more
| Administrative Law, Constitutional Law, Finance & Banking, Securities Law

Including PAGA Representative Action Waivers in Arbitration Agreements Post-Iskanian

After the California Supreme Court’s recent decision in Iskanian v. CLS Transportation, which held that PAGA representative action waivers are unenforceable under California law, employers have struggled with whether to retain…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

CFPB Report Finds Distressed Private Student Loan Borrowers Driven Into Default

On October 16, the CFPB released a report highlighting complaints by struggling private student loan borrowers who describe being driven into default…more
| Education, Finance & Banking, Consumer Protection

New Strings Attached: LinkedIn Contacts Are Now Trade Secrets?

From a birds-eye view, Cellular Accessories For Less, Inc. v. Trinitas, LLC appears to be a typical dispute between an employer and its former employee. However, a closer look reveals an issue new to the world of trade…more
| Communications & Media Law, Labor & Employment Law, Business Torts, Intellectual Property
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