Orrick, Herrington & Sutcliffe LLP

The Orrick Building 405 Howard Street
San Francisco, CA 94105-2669, United States

Contact: Adi Weisman

  • 415-773-5700
  • 415 773 5972

Orrick's Financial Industry Week in Review

New FAQ's Regarding the Scope and Implementation of the Volcker Rule Issued by the U.S. Banking, Securities and Commodities Regulatory Agencies - On February 27, the Board of Governors of the Federal Reserve System, the…more
| Commercial Law & Contracts, Finance & Banking, Business Torts, International Law & Trade, Securities Law

Federal Reserve Board Extends Comment Period

On February 26, the Federal Reserve Board extended until April 3 the comment period for its proposed rule to implement capital surcharges for the largest, most systemically important U.S. bank holding companies…more
| Finance & Banking

Rating Agency Developments

On February 23, DBRS releases its Criteria for Guarantees and other forms of explicit support…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

EBA Opinion on Regulation of EU Lending-Based Crowdfunding

On February 26, 2015, the European Banking Authority (“EBA“) published an opinion on lending-based crowdfunding. The opinion notes that certain Member States (France, Italy, Spain and the UK) have created specific regulations to…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, International Law & Trade, Securities Law

ECB Publishes Eurosystem Oversight Report

On February 27, 2015, the European Central Bank (“ECB“) published its 2014 Eurosystem oversight report, the third such report, reviewing the oversight that the Eurosystem has performed in the period from 2011 to mid-2014. The…more
| Finance & Banking, International Law & Trade

U.S. Supreme Court Holds That to Invoke Antitrust Immunity, State Agencies Controlled by Market Participants Must Prove Active State Supervision

On Feb. 25, 2015, the U.S. Supreme Court held in a 6-3 decision that a state board with a controlling number of decision-makers who are active market participants in the occupation the board regulates does not enjoy state action…more
| Administrative Law, Antitrust & Trade Regulation, Civil Procedure, Health

Morgan Stanley Reaches Agreement to End DOJ Investigation into MBS Deals

On February 25, 2015, Morgan Stanley announced that it reached an agreement in principle with the U.S. Department of Justice, Civil Division, and the U.S. Attorney’s Office for the Northern District of Califoirnia, Civil…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Public Finance Update: New Clean Renewable Energy Bonds: IRS Notice 2015-12 Application Submission and Requirements

The Internal Revenue Service (“IRS”) recently released Notice 2015-12 (the “Notice”), which solicits applications for allocations of the approximately $1.4 billion remaining available amount of national bond volume limitation…more
| Administrative Law, Energy & Utilities, Environmental Law, Finance & Banking, Taxation

FHFA House Price Index Shows Increases for Fourteen Consecutive Quarters

On February 26, the FHFA House Price Index showed that U.S. house prices rose 1.4 percent in the fourth quarter of 2014. This marked the fourteenth consecutive quarterly price increase in the purchase-only, seasonally adjusted…more
| Finance & Banking, Real Estate - Residential

SEC Chair and European Union Financial Services Commissioner Meet

On February 26, the SEC Chair Mary Jo White hosted a meeting with European Union Financial Services Commissioner Jonathan Hill. Chair White and Commissioner Hill discussed the importance of international cooperation in…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

CFTC Reopens Comment Periods

On February 24, the CFTC submitted for publication in the Federal Register a notice reopening the comment periods for the two Position Limit rulemakings, in anticipation of questions and comments that may arise from the…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law, Finance & Banking, Securities Law

PTAB Allows Petitioner to Join Its Own Previously Filed Inter Partes Review

In Target Corp. v. Destination Maternity Corp., IPR2014-00508, the Patent Trial and Appeal Board (PTAB) granted Target Corporation’s Request for Rehearing on its previously denied Motion for Joinder, and ultimately granted…more
| Administrative Law, Civil Procedure, Intellectual Property

Overview and Analysis of Select Provisions of the ABI Chapter 11 Reform Commission Final Report and Recommendations - Part Two of Three

Last month, Orrick’s Restructuring team began a three-part look at the American Bankruptcy Institute’s Chapter 11 Reform Report. In part one we looked at issues related to confirmation, valuation, financing and asset sales. This…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Securities Law

Remote Controlled: Keeping Trade Secrets Safe While Employees Work Remotely

One of the biggest challenges the cyber-security field faces today—aside from outright hacking—is the fact that employees’ data is increasingly portable. Data portability can be a major boon for employers. For instance, it may…more
| Labor & Employment Law, Intellectual Property, Science, Computers, & Technology

IRS Announces That It Will No Longer Refund FICA Taxes on Severance Payments

The IRS recently announced that severance payments are taxable wages under FICA, and thus employers who seek tax refunds on those payments will be denied. The IRS’s position reflects the United States Supreme Court’s ruling in…more
| Labor & Employment Law, Taxation
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