Orrick, Herrington & Sutcliffe LLP

Understanding The Defend Trade Secrets Act

With its passage by the House of Representatives, the Defend Trade Secrets Act ("DTSA" or "Act") has now cleared both houses of Congress and will be sent to President Obama for his approval. Where trade secrets were once…more
| Civil Procedure, Civil Remedies, Elections & Politics, Intellectual Property, Labor & Employment Law

SEC Issues Order Modifying and Extending the Pilot Period for the National Market System Plan to Address Extraordinary Market Volatility

On April 21, 2016, the Securities and Exchange Commission issued an order extending the pilot period of the National Market System Plan to Address Extraordinary Market Volatility, otherwise known as the limit-up-limit down…more
| Commercial Law & Contracts, Securities Law

Trade Secrets and Cloud Services: Is the Sky the Limit?

Germany is not only known as one of the best countries for enjoying beer and bratwurst, but it is also known as a country with some of the strictest data privacy laws on the planet. Within this environment, should companies…more
| Intellectual Property, Privacy, Science, Computers, & Technology

Justice Friedman of the New York Supreme Court Dismisses Two FHFA Repurchase Actions

On April 12, 2016, Justice Marcy Friedman of the New York Supreme Court granted motions to dismiss in two RMBS breach of contract actions filed by FHFA against Morgan Stanley ABS Capital I Inc. (“MSAC”) and Morgan Stanley…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of personal…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Il Decreto Banche E La Vigilanza Sulle Obbligazioni Bancarie Collateralizzate

The decree law no. 18 of 14 February 2016 (cd. Banks Decree, hereinafter the "Decree 181 ") has recently been converted, with modifications, by Law no. 49 of 8 April 20162 ("Exchange Act"). Thanks to the Conversion Law were…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Second Circuit Reverses and Remands Trial Court’s Summary Judgment Order in Favor of Morgan Stanley in a CMBS Case

On April 27, 2016, the Second Circuit Court of Appeals vacated and remanded the district court’s summary judgment order entered in favor of defendant Morgan Stanley Mortgage Capital, Inc. in the Southern District of New York. …more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Securities Law

More DB DC Plan Design Flexibility in Maximizing Benefits for Highly Compensated Employees

Given the subject matter involved, this Alert is very technical and specialized. If your company offers both an active pension plan and a 401(k) or profit sharing plan and performs the general test to satisfy the…more
| Finance & Banking, Labor & Employment Law, Taxation

Regulation S-K Concept Release: Will the SEC Reform the Norm for Corporate Disclosures?

On April 13, 2016, the SEC published a concept release discussing and seeking public comment on modernizing certain business and financial disclosures required by Regulation S-K, which lays out reporting requirements for various…more
| Commercial Law & Contracts, Securities Law

SEC’s Division of Investment Management Issues Letter Regarding Independent Verification Required by Rule 206(4)-2 Under the Advisers Act

On April 25, 2016, the Staff of the Division of Investment Management of the Securities and Exchange Commission issued a no-action letter that provides that it would not recommend enforcement action to the Commission under…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

“Temporary Employees” in Germany Need to be Temporary Under New Draft Law

Draft legislation regarding the reform of the German Act on the Supply of Temporary Employees (Arbeitnehmerüberlassungsgesetz – AÜG) has been introduced by Germany’s Federal Minister of Labor. Although further amendments to this…more
| Elections & Politics, Labor & Employment Law

Bonus Points: ARB Upholds Whistleblower Order Challenging Bonus Plan

The Department of Labor’s Administrative Review Board (“ARB”) recently upheld an order finding a semiconductor company had constructively discharged a manager who complained the company’s bonus plan violated state wage and hour…more
| Administrative Law, Civil Rights, Labor & Employment Law

It’s All Relative: A California Court Says Employers Must Accommodate Employees “Associated” With a Person With a Disability

In an issue of first impression, the California Court of Appeals held that employers have a duty under California’s Fair Employment and Housing Act (FEHA) to provide reasonable accommodations to an applicant or employee who is…more
| Civil Rights, Labor & Employment Law

The FCC’s Proposed Privacy Regulations: What They Mean for ISPs and Those That Do Business with Them

The Federal Communications Commission (“FCC”) recently issued a proposed set of privacy regulations that, if passed, will have broad implications for broadband providers, as well as for the companies that collect or receive…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

We Get Out Our Crystal Balls on the Imminent DOL Overtime Rules

The prognostication efforts are going into high gear as employers seek to forecast and prepare where the Department of Labor may land on its final overtime rules. As with all rules in the post-comment phase, government…more
| Labor & Employment Law
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