Orrick, Herrington & Sutcliffe LLP

Knowledge Is Key to These Pleadings

Order Regarding Motions to Dismiss, CAP Co., Ltd. v. McAfee, Inc., Case No. 14-cv-05068, CAP Co., Ltd. v. Symantec Corp., 14-cv-05071 (Judge James Donato) - Further highlighting the inconsistent treatment of Seagate…more
| Civil Procedure, Intellectual Property

Texas Federal Court: Copyright Law Doesn’t Preempt Trade Secrets Claim Where “Extra” Elements Exist

We’ve blogged on trade secret preemption before, but we’ve usually focused on trade secrets claims preempting other types of claims, and not the other way around. But, as the cowboy in the cult-classic film The Big Lebowski…more
| Conflict of Laws, Intellectual Property

Show Me the Money: DOL Proposed Regulations Dramatically Expand Overtime Eligibility for White Collar Employees

After months of talk and speculation about new overtime regulations, on June 30, 2015, the United States Department of Labor (“DOL”) issued its proposed rule and request for comments on its “white collar exemption” regulations…more
| Labor & Employment Law

A Short Guide to the Implications for the Imposition of Capital Controls in Greece

Following the recent event over the weekend (27/28 June 2015), we set out below a short guide on the current status in Greece. Background - Months of negotiations on a deal to restructure Greece’s debts appear to…more
| Bankruptcy, Finance & Banking, International Law & Trade

Banks’ Motion to Dismiss Commerzbank RMBS Fraud Claims Granted

On June 18, 2015, Justice Marcy Friedman of the New York Supreme Court dismissed RMBS fraud claims brought by Commerzbank AG London Branch (“Commerzbank”) against UBS, Nomura Holdings Inc., Barclays Bank PLC, Citigroup and other…more
| Civil Procedure, Finance & Banking, Business Torts, Real Estate - Residential, Securities Law

MassMutual Motion for Partial Summary Judgment Denied As to 9 of 10 Securitizations

On June 22, 2015, United States District Judge Mark G. Mastroianni of the District of Massachusetts largely denied Massachusetts Mutual Life Insurance Company’s (“MassMutual”) motion for partial summary judgment seeking to…more
| Business Torts, Civil Procedure, Finance & Banking, Securities Law

ISDA’S Standard Initial Margin Model (SIMM) For Uncleared Derivatives: Draft Documents

On June 19, 2015, the International Swaps and Derivatives Association, Inc. (ISDA) published three draft documents relating to its proprietary Standard Initial Margin Model (SIMM) for non-cleared derivatives. The SIMM project…more
| Securities Law

More Headaches: Emeryville Enacts Paid Sick Leave & Minimum Wage Ordinance

Emeryville will join San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances. On June 2, 2015, the city of Emeryville adopted its Minimum Wage and Paid Sick Leave Ordinance which…more
| Labor & Employment Law

EBA Updates Single Rulebook Q&AS: June 26, 2015

On June 26, 2015, the European Banking Authority (EBA) updated its Q&As on the single rulebook, publishing eight new questions. The single rulebook Q&As relate to the CRD IV package of reforms (that is, the CRD IV Directive…more
| Finance & Banking, International Law & Trade

IAIS Consults On Higher Loss Absorbency Requirement For Global Systemically Important Insurers

On June 25, 2015, the International Association of Insurance Supervisors (IAIS) published a consultation paper on the higher loss absorbency (HLA) requirement for global systemically important insurers (G-SIIs), seeking feedback…more
| Insurance

Orrick's Financial Industry Week in Review

EBA Updates Single Rulebook Q&As: June 26, 2015 - On June 26, 2015, the European Banking Authority (EBA) updated its Q&As on the single rulebook, publishing eight new questions. The single rulebook Q&As relate to…more
| Civil Procedure, Finance & Banking, Business Torts, International Law & Trade, Securities Law

Rating Agency Developments

On June 26, Fitch released its updated criteria for rating credit card asset-backed securities. On June 23, Fitch released its updated criteria for rating thermal power projects. On June 23, Fitch released its updated global…more
| Finance & Banking, Securities Law

CFPB Delays Implementation of TRID

On June 24, the Consumer Financial Protection Bureau (CFPB) issued a proposed amendment to delay the effective date of the TILA-RESPA Integrated Disclosure Act, also known as the Know Before You Owe mortgage disclosure rule,…more
| Finance & Banking, Real Estate - Residential

CFPB Publishes Final Rule that Allows its Supervision of Nonbank Auto Finance Companies

On June 10, CFPB published a final rule today that allows the agency to begin supervising large, nonbank auto finance companies for the first time. The newly adopted rule will extend the CFPB’s supervision to any nonbank auto…more
| Consumer Protection, Finance & Banking

SEC Requests Public Comments on Exchange-Traded Products

On June 12, the Securities and Exchange Commission announced that it is seeking public comments on issues relating to listing and trading of new, novel, or complex exchange-traded products. The request for comment addresses key…more
| Securities Law
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