Orrick, Herrington & Sutcliffe LLP

Déjà Vu Not All Over Again: Ninth Circuit Strengthens CFAA In Nosal II

On July 5, 2016, the Ninth Circuit Court of Appeals issued its highly anticipated decision in the most recent chapter of United States v. Nosal, holding that an individual acts "without authorization" as used in the Computer…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

Government Involvement in Noncompetes… Against a Sandwich Maker?! Jimmy John’s Slapped With Another Lawsuit, This Time Brought by the Illinois Attorney General

Jimmy John’s can’t seem to escape the limelight. Last year, the company made headlines when employees hit it with a putative class action lawsuit seeking to invalidate their non-compete agreements. The District Court determined…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Franchise Law

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after…more
| Antitrust & Trade Regulation, Civil Procedure, Civil Remedies, Electronic Discovery, Business Torts

ESMA Updates Q&A on Application of UCITS Directive

The European Securities and Markets Authority (ESMA) has published an updated version of its Q&A paper on the application of the Undertakings for Collective Investment in Transferable Securities (UCITS) Directive (2009/65/EC) as…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

EBA Publishes Interim Report on MREL

The European Banking Authority (EBA) has published an interim report on the minimum requirement for own funds and eligible liabilities (MREL). Under the Bank Recovery and Resolution Directive (2014/59/EU) (BRRD) the EBA is…more
| Finance & Banking, International Law & Trade

FinCEN Issues Customer Due Diligence Rule (CDD) FAQs

On July 19, 2016, the Financial Crimes Enforcement Network (“FinCEN”) issued FAQs regarding the customer due diligence requirements (“CDD”) that it published on May 11, 2016, for certain financial institutions, including…more
| Business Organizations, Finance & Banking

A Baker's Dozen of Blue Chip CEO's and Leading Investors Speak Out on Corporate Governance: What Else Can be Offered to the Conversation?

A most curious press release sprouted up amidst summer's hot growing season: 13 leaders of public companies and investing firms have put forth self-professed governance principles for public companies. (See…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Rating Agency Developments

On July 19, 2016, DBRS published its criteria for rating CLOs backed by loans to European SMEs (small and medium-sized enterprises).  Report. On July 18, 2016, Fitch published its criteria for assigning new and existing ratings…more
| Business Organizations, Finance & Banking, International Law & Trade

EBA Final Draft RTS on Assessment Methodology for Internal Ratings-Based Approach

The European Banking Authority (EBA) has published final draft regulatory technical standards (RTS) on the specification of the assessment methodology for competent authorities regarding compliance of an institution with the…more
| Business Organizations, Finance & Banking, International Law & Trade

SEC Approves NASDAQ Golden Leash Disclosure

In the past couple of years, a relatively hot area of the sometimes rather lackluster world of bylaws amendments has centered on requiring candidates for election to a board of directors to disclose any compensation arrangements…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Deed of Trust Provisions Allowing Lenders/Servicers to Enter, Maintain, and Secure Encumbered Properties May be Unenforceable Under Washington Statute

On July 7, 2016, the Supreme Court of the State of Washington issued its opinion in Jordan v. Nationstar Mortgage, LLC, which, prior to foreclosure, may prevent servicers from securing property after a default or, at least,…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential

SEC Adopts Additional Rules Related to Security-Based Swap Transaction Reporting

On July 13, 2016, the Securities and Exchange Commission adopted rules focused on greater transparency in security-based swap transactions, relying on mandates in the Dodd-Frank Wall Street Reform and Consumer Protection Act…more
| Business Organizations, Consumer Protection, Finance & Banking, Securities Law

SEC Adopts Amendments to Rules of Practice for Administrative Proceedings

On July 13, 2016, the Securities and Exchange Commission adopted amendments to the rules governing administrative proceedings before it. Release…more
| Administrative Law, Securities Law

SEC Proposes Amendments to Update and Simplify Disclosure Requirements as Part of Overall Disclosure Effectiveness Review

On July 13, 2016, the Securities and Exchange Commission proposed amendments to various disclosure provisions in order to eliminate duplicative provisions and modernize the relevant requirements.   After the proposed amendments…more
| Business Organizations, Finance & Banking, Securities Law

ECB Guide on Approach for the Recognition of Institutions Protection Schemes

On July 12, 2016 the European Central Bank published a guide on the approach for the recognition of institutional protection schemes for prudential purposes. The report aims to ensure coherence, effectiveness and transparency in…more
| Finance & Banking, International Law & Trade
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