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

Behind the curtain – update on new transparency rules for UK companies

The Small Business, Enterprise and Employment Bill has completed its third reading in the House of Commons. It will now proceed to debate in the House of Lords. What’s changing? For companies and business owners, the…more
| Commercial Law & Contracts, International Law & Trade, Securities Law

SEC Releases Accounting Bulletin to Update Guidance on Pushdown Accounting

On November 18, the SEC released a Staff Accounting Bulletin (SAB) to rescind portions of the interpretive guidance included in its SAB Series for what is known as pushdown accounting…more
| Finance & Banking, Securities Law

SEC Adopts Rules to Improve Systems Compliance and Integrity Rules to Strengthen Technology Infrastructure of Securities Markets

On November 19, the Securities and Exchange Commission voted to adopt new rules designed to strengthen the technology infrastructure of the U.S. securities markets. The rules – together comprising Regulation Systems Compliance…more
| Commercial Law & Contracts, Science, Computers, & Technology, Securities Law

Agencies Propose Technical Corrections and Clarifications to the Capital Rules Applicable to Advanced Approaches Banking Organizations

On November 18, the Federal Reserve Board, the FDIC and the OCC proposed clarifications to the revised regulatory capital rules adopted by the agencies in July 2013. The proposal applies to large internationally active banking…more
| Finance & Banking

CFTC Launches National Campaign to Protect Consumers

On November 19, the CFTC launched CFTC SmartCheck, a new national campaign to help investors identify and protect themselves against financial fraud…more
| Commercial Law & Contracts, Finance & Banking, Consumer Protection, Securities Law

Ultramercial Inc. v. Hulu, LLC: Federal Circuit Invites Early Challenges to Subject Matter Eligibility of Software Patents

Earlier this year, in Alice v. CLS Bank, the Supreme Court set out guidelines for determining whether patents claiming software and hardware features are statutorily eligible for patentability under 35 U.S.C. § 101. Following…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Court Dismisses U.S. Bank’s RMBS Repurchase Claims Against Citigroup as Too Speculative

On November 14, Judge George B. Daniels of the United States District Court for the Southern District of New York dismissed several of U.S. Bank’s repurchase claims against Citigroup Global Markets Realty Corp. U.S. Bank alleged…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Office of Whistleblower Annual Report (Version 2014); More of the Same or Progress on Dodd-Frank Objectives?

The SEC released its Fiscal Year 2014 Annual Report (the “Report”) to Congress on the Dodd-Frank Whistleblower Program on November 18, 2014. The Report analyzes the tips received over the last twelve months by the SEC’s Office…more
| Civil Rights, Labor & Employment Law, Securities Law

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Labor & Employment Law, Business Torts, Intellectual Property

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse…more
| Labor & Employment Law

Tweet, Tweet: The SEC Gets Social

The SEC recently issued an investor alert to warn investors about potential fraudulent investment schemes involving popular social media sites such as Facebook, YouTube and Twitter, turning its eye towards investor fraud…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

IOSCO Publishes Report on Post-Trade Transparency in the Credit Default Swaps Market

On November 17, the International Organization of Securities Commissions (IOSCO) published a report (CR08/2014) on post-trade transparency in the credit default swaps market. The report analyzes the potential impact of mandatory…more
| Finance & Banking, Securities Law

No Good Deed Goes Unpunished: Document Preservation Notices Can Lead to SOX Violation!

On November 12, 2014, the Fifth Circuit affirmed a Department of Labor finding that Halliburton retaliated against a whistleblower by including his name in a document preservation notice. The court also held that emotional…more
| Administrative Law, Civil Remedies, Labor & Employment Law, Finance & Banking, Securities Law

Orrick's Financial Industry Week in Review

FSB Consults on Total Loss-Absorbing Capacity for G-SIBs - On November 10, the Financial Stability Board (FSB) published a consultation paper on proposals on the adequacy of total loss-absorbing capacity (TLAC) of global…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, International Law & Trade

OCC Comptroller Discusses Risks to Global Banking

On November 12, Comptroller of the Currency Thomas J. Curry spoke at the 25th Special Seminar on International Finance in Tokyo, Japan. The comptroller identified cybercriminals as possibly the biggest threat to the global…more
| Criminal Law, Finance & Banking, International Law & Trade
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