Orrick, Herrington & Sutcliffe LLP

Managers Beware: Individual Liability Confirmed Under USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain…more
| Civil Rights, Labor & Employment Law, Military Law

Morgan Stanley Settles RMBS Litigation with FDIC for $63M

On January 29, Morgan Stanley and the Federal Deposit Insurance Corporation agreed to settle five suits encompassing state and federal claims alleging that Morgan Stanley made misrepresentations in offering residential…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Rating Agency Developments

On February 2, DBRS released its critical obligations rating criteria. On February 1, KBRA released its general rating methodology as it pertains to corporate issuers…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Monkey Business: A Primate Can’t Claim Copyright in Selfies

Order Granting Motions to Dismiss, Naruto, et al. v. Slater, et al., Case No. 15-cv-04324-WHO (Judge William Orrick) - Are photographic “selfies” a uniquely human conceit? Parties in a Northern District copyright lawsuit…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

The ITC Flexes Its Trade Secrets Muscles Again

The Federal Circuit has once again affirmed the ITC’s broad jurisdiction to investigate and, if necessary, remedy extraterritorial misappropriation of trade secrets. Based on this and other recent decisions, it looks like the…more
| Administrative Law, Civil Procedure, Intellectual Property, International Law & Trade

Judge Mostly Denies Deutsche Bank National Trust Co.’s Motion to Dismiss in RMBS Class Action

On February 3, Judge Alison Nathan of the United States District Court for the Southern District of New York largely denied Deutsche Bank National Trust Co.’s (the “Trustee’s”) motion to dismiss in a proposed class action…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

FHFA, Fannie Mae and Freddie Mac Announce Independent Dispute Resolution Program

On February 2, the Federal Housing Finance Agency (the “FHFA”) announced that Fannie Mae and Freddie Mac have implemented an independent dispute resolution process for resolving repurchase disputes. The process would allow…more
| Alternative Dispute Resolution (ADR), Finance & Banking

FinCEN to Financial Institutions: Include Cyber Data in Suspicious Activity Reports (SARs)

As new legislation aimed at facilitating greater cybersecurity information sharing between private industry and government takes effect (i.e., Cybersecurity Information Sharing Act), FinCEN Director Jennifer Shasky Calvery…more
| Finance & Banking, Science, Computers, & Technology

EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades

The EEOC seeks public comment on its new Enforcement Guidance on Retaliation and Related Issues, which will supersede the agency’s last-issued guidance on the topic from 1998. The updated guidance addresses several significant…more
| Civil Rights, Labor & Employment Law

Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

The SEC is focusing its enforcement and investigation efforts on preparers and auditors of financial statements, Mary Jo White tells accountants

In a recent address, SEC Chair Mary Jo White stated that the SEC had focused its reinvigorated investigation and enforcement efforts on holding preparers and auditors accountable for their work on financial statements. She…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Rating Agency Developments

On January 25, 2016, DBRS updated its methodology for rating Subscription Loans (Capital Call). On January 21, 2016, Fitch updated its U.S. RMBS Master Rating Criteria…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Eleven Banks Reach Settlement with Commonwealth of Virginia on RMBS Claims

On Friday, January 22, 2016, eleven banks, including Merrill Lynch, RBS, and Barclays, agreed to settle claims brought by the Commonwealth of Virginia in a 2014 action alleging misrepresentations as to the nature, quality,…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

EBA to Assess the Potential Impact of IFRS 9 on EU Banks

In a press release dated 27 January 2016, the European Banking Authority (EBA) launched an impact assessment of IFRS 9 (dealing with financial Instruments) which is due to be implemented in the EU in 2018. The impact assessment…more
| Finance & Banking, International Law & Trade

Bad Timing? Judge Defers § 101 Issue Until After Claim Construction

Order Denying Motion for Judgment on the Pleadings, Cave Consulting Group, Inc. v. Truven Health Analytics Inc., Case No. 15-cv-02177-SI (Judge Susan Illston) - It has been just over a year since Judge Illston last…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology
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