Orrick, Herrington & Sutcliffe LLP

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

The OJ Publishes MiFIR and MiFID II Corrigendum

Corrections to the text of MiFIR (Regulation 600/2014) and MiFID II (2014/65/EU) have been published in the Official Journal of the EU. These correct “obvious errors” in the original text, as published in certain language…more
| Business Organizations, Finance & Banking, International Law & Trade

EEOC Provides Second Bite of the Apple on EEO-1 Report Proposal

The EEOC has provided a second chance to comment on its proposed revisions to the EEO-1 form. The revised proposal does not change the EEOC’s insistence on collecting pay and hours worked data and does not fully respond to…more
| Labor & Employment Law

Rating Agency Developments

On July 11, 2016, DBRS issued a report entitled Rating U.S. Retail Auto Loan Securitizations. Report. On July 7, 2016, S&P issued a report entitled ABS: U.S. Structured Settlement Securitizations: Methodology And Assumptions…more
| Business Organizations, Finance & Banking, Securities Law

These are Not the Trade Secrets You’re Looking For: Star Wars Model Maker Sues Ex-Employees for Misappropriation

In a tale of alleged betrayal and misappropriation of trade secrets in a courtroom (not) far, far away, a pioneering company in the area of special effects has sued its former employees and a vendor, claiming that they conspired…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

SEC Proposes Rules to Enhance Order Handling Information Available to Investors

On July 13, 2016, the Securities and Exchange Commission proposed rules that “for the first time would require broker-dealers to disclose the handling of institutional orders to customers … [and] would expand the information…more
| Business Organizations, Securities Law

Yet Another Congressional Proposed Corporate Reform: Proxy Advisory Firms in the Crosshairs.

Over the past six months, U.S. legislators have engaged in an unusual burst of energy to introduce three separate bills regulating various areas affecting U.S. public company corporate governance: - The Cybersecurity…more
| Commercial Law & Contracts, Elections & Politics, Securities Law

ESMA Consultation on Validation and Review of Credit Rating Agencies’ Methodologies

On July 13, 2016 the European Securities and Markets Authority published a new consultation paper relating to Credit Rating Agency methodologies. This follows on from a discussion paper published on November 17, 2015 and an open…more
| Business Organizations, Finance & Banking, International Law & Trade, Securities Law

EC Summary of Contributions of the Green Paper on Retail Financial Services

On July 14, 2016 the European Commission published a summary of responses to the public consultation launched on December 10, 2015 relating to the Green Paper on retail financial services prepared by the Directorate-General for…more
| Business Organizations, Finance & Banking, International Law & Trade

OCC Report Examines Risks Facing National Banks and Federal Savings Associations

On July 11, 2016, the Office of the Comptroller of the Currency issued its semiannual report on risks faced by national banks and federal savings associations, using data through December 31, 2015…more
| Finance & Banking
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The Orrick Building
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