Orrick, Herrington & Sutcliffe LLP

Real estate in Paris - Pre-emption right empowers the city

IMMOBILIER A PARIS: L’arsenal renforcé de la commune pour préempter - Dans un contexte où le mécanisme d’encadrement des loyers des logements instauré par la loi ALUR devrait, selon le communiqué de presse du cabinet de la…more
| Commercial Law & Contracts, Real Estate - Residential

Throwback Thursday: Why Trade Secret Theft Isn’t Just a Digital Problem And What Businesses Can Do About It

With stories of cyberattacks and data breaches on a seemingly endless loop, businesses and governments have been doubling down on their efforts to protect digital information and assets.  But, in some industries, the greatest…more
| Intellectual Property, Privacy, Science, Computers, & Technology

The Times They Are A-Changin: National Labor Relations Board Revises The Joint-Employer Test After More Than Thirty Years

After more than 30 years, the National Labor Relations Board (the “Board”) has concluded that it was time to change the standard for determining when companies are to be considered joint employers under the National Labor…more
| Franchise Law, Labor & Employment Law

Orrick's Financial Industry Week in Review

ESCB Reports on the Access of CCPs to Central Bank Liquidity Facilities under EMIR - On August 25, 2015, the European Central Bank (ECB) published a report by the European System of Central Banks (ESCB) on the need for any…more
| Civil Procedure, Finance & Banking, International Law & Trade, Real Estate - Commercial, Science, Computers, & Technology

FinCEN Proposes New Rule Requiring Anti-Money Laundering Programs for Registered Investment Advisers

On August 25, 2015, the Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (NPRM) that would define investment advisers registered (or required to be registered) with the Securities and Exchange…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

FHFA’s $32 Billion RMBS Claims Are Not Time-Barred

On August 21, 2015, Judge Alvin Thompson of the United States District Court for the District of Connecticut denied Royal Bank of Scotland Group PLC’s (“RBS”) motion for summary judgment as to claims brought by the Federal…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Seventh Circuit Reverses Summary Judgment Ruling in RMBS Case

On August 21, 2015, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a Wisconsin federal judge’s ruling granting summary judgment to RBS Securities Inc. (“RBS”) dismissing all but one of…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

ESMA Update on Waivers From MiFID Pre-Trade Transparency Requirements: August 2015

On August 26, 2015, the European Securities and Markets Authority (ESMA) published an updated version (dated August 21, 2015) of the waiver document (ESMA/2011/241g) that sets out its assessment of applications for waivers from…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Rating Agency Developments

On August 26, DBRS issued Methodology – Rating Companies in the Communications Industry. On August 26, DBRS issued Methodology – Rating Companies in the Consumer Products Industry. On August 26, DBRS issued Methodology – Rating…more
| Commercial Law & Contracts, Finance & Banking

SEC Expands its Focus in the Municipal Bond Market, Bringing First-Ever Charges Against an Underwriter for Pricing Violations Related to Primary Offerings

Coming on the heels of the SEC’s first wave of settlements with underwriters as part of its Municipalities Continuing Disclosure Cooperation (“MCDC”) initiative, the agency has brought yet another precedent-setting enforcement…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

More fines to come in Germany? Service provider engagements are under increased scrutiny.

Following a significant fine against the parties to an asset acquisition for illegally transferring customer information, the Bavarian Data Protection Supervisory Authority (Bavarian DPA) announced on August, 20, 2015 that it…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

ESCB Reports on the Access of CCPs to Central Bank Liquidity Facilities under EMIR

On August 25, 2015, the European Central Bank (ECB) published a report by the European System of Central Banks (ESCB) on the need for any measure to facilitate the access of central counterparties (CCPs) to central bank…more
| Finance & Banking, International Law & Trade

European Commission adopts Delegated Regulation on RTS on Risk Concentration and Intra-Group Transactions Under FICOD

On August 21, 2015, the European Commission published the text of the Delegated Regulation it has adopted on regulatory technical standards (RTS) on risk concentration and intra-group transactions under Article 21a(1a) of the…more
| Finance & Banking, International Law & Trade

What a Difference a Few Letters Make – Judge Donato Strikes Patent Claim over Ambiguous Typo, While Sparing Another Through Claim Construction

Order Re: Claim Construction and Invalidity, Altera Corp. v. PACT XPP Tech., AG, Case No. 14-cv-02868-JD (Judge James Donato) - When filing a patent application, make sure to cross your t’s and dot your i’s—and also check…more
| Civil Procedure, Intellectual Property

The New and Improved Defend Trade Secrets Act of 2015! Now Featuring a Lockbox

On July 31, 2015, TSW continued our reporting of the continuing saga of Congress’ attempts to establish a federal right of civil action for trade secrets misappropriation by covering the introduction of the “Defend Trade Secrets…more
| Intellectual Property
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The Orrick Building 405 Howard Street
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Contact: Adi Weisman

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