Orrick, Herrington & Sutcliffe LLP

RMBS Suit to Proceed Against Morgan Stanley

On June 16, 2016, Justice Marcy S. Friedman of the Supreme Court of the State of New York largely denied Morgan Stanley’s motion to dismiss a breach of contract action brought by RMBS trustee Wilmington Trust Company. The court…more
| Business Organizations, Finance & Banking, Securities Law

New Appointment Underscores SEC’s Focus on Cybersecurity Threats

On June 2, 2016, the SEC announced the appointment of Christopher Hetner as Senior Advisor to the Chair for Cybersecurity Policy. Hetner, who was formerly the Cybersecurity Lead for the Technology Control Program within the…more
| Administrative Law, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law

SEC Proposes Rules to Modernize Property Disclosures for Mining Registrants

On June 16, 2016, the Securities and Exchange Commission (“SEC”) announced that it had proposed rules to update the disclosure requirements for mining properties. The proposed revisions are meant to align disclosure requirements…more
| Finance & Banking, Securities Law

SEC Approves IEX Proposal to Launch National Exchange, Issues Interpretation on Automated Securities Prices

On June 17, 2016, the Securities and Exchange Commission (“SEC”) approved the application of Investors’ Exchange LLC (“IEX”) to register as a national securities exchange. Prior to transitioning its operation to a national…more
| Business Organizations, Finance & Banking, Securities Law

European Commission Adopts a Delegated Regulation on RTS Relating to Clearing Access in Respect of Trading Venues and Central Counterparties under MiFIR

The European Commission has adopted a Delegated Regulation and annex supplementing the Markets in Financial Instruments Regulation (Regulation 600/2014) (“MiFIR“) with regard to regulatory technical standards (“RTS“) relating to…more
| Business Organizations, Finance & Banking, International Law & Trade

Brexit - What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we've all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Here's our…more
| Elections & Politics, Finance & Banking, Mergers & Acquisitions, Intellectual Property, International Law & Trade

CAISO Tariff Changes Facilitate Participation of Small Renewable and Storage Technologies in California Energy Markets

On June 2, 2016, FERC approved revisions to the California Independent System Operator's open access transmission tariff that facilitate the participation of small, distribution level energy generation, storage and…more
| Commercial Law & Contracts, Energy & Utilities, Taxation

Labor Laws and Federal Contracting Intersect: How Universal Health Systems Could Subject Federal Contractors to False Claims Act Liability

The Supreme Court has made federal contracting more treacherous by extending the reach of False Claims Act (“FCA”) liability. While the decision related to FCA liability for misrepresentations related to staffing levels, the…more
| Civil Procedure, Labor & Employment Law, Health, Government Contracting

Council Agrees its Negotiating Stance on the Money Market Funds

On June 15, the Council of the EU released a press release stating that the Permanent Representatives Committee had agreed, on behalf of the Council, a negotiating stance on a draft regulation on money market funds, aimed at…more
| Finance & Banking, International Law & Trade

2015 Annual Reports

The following bodies have released their 2015 annual reports in the past week: - EIOPA (European Insurance and Occupational Pensions Authority) - ESMA (European Securities and Markets Authority) - EBA (European Banking…more
| Finance & Banking, Insurance, International Law & Trade, Securities Law

Financial Stability Board Issues Asset Management-Related Policy Recommendations

On June 22, 2016, the Financial Stability Board (FSB) published for public consultation Proposed Policy Recommendations to Address Structural Vulnerabilities from Asset Management Activities. The document sets out 14 proposed…more
| Finance & Banking

EOIPA and China Insurance Regulatory Commission Sign MoU

On June 15, the European Insurance and Occupational Pensions Authority (EOIPA) and the China Insurance Regulatory Commission signed a Memorandum of Understanding to set up joint work programs and pursue joint…more
| Finance & Banking, Insurance, International Law & Trade

Early Returns (Part 2 of 2): The DTSA Lifts Off

(Editorial Note: This is the second in our two-part series exploring recent litigation under the newly-enacted Defend Trade Secrets Act.) We’ve been tracking the development of the Defend Trade Secrets Act (“DTSA”) for a…more
| Civil Procedure, Communications & Media Law, Intellectual Property

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. It…more
| Business Organizations, Elections & Politics, Labor & Employment Law, Immigration Law, International Law & Trade

Orrick's Financial Industry Week in Review

FHFA Releases 2015 Report to Congress - On June 15, 2016, the Federal Housing Finance Agency's "Report to Congress" for 2015 was released. The document, required under federal law, analyzes Fannie Mae, Freddie Mac and…more
| Finance & Banking, Insurance, International Law & Trade, Securities Law
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The Orrick Building
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Contact: Adi Weisman, Senior Communications Coordinator

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