Orrick, Herrington & Sutcliffe LLP

One Step Forward and One Step Back: Southern District of New York Denies Motion to Enjoin SEC’s Administrative Proceedings, Despite Recent Defense Bar Victory Against SEC

Last week, the SEC scored a victory in its battle to defend the use of administrative proceedings in enforcement actions seeking penalties against unregulated entities or persons. On June 30, 2015, Southern District of New York…more
| Administrative Law, Commercial Law & Contracts, Constitutional Law, Finance & Banking, Securities Law

U.S. Bank Sues Countrywide for $178M in RMBS Losses

On June 25, 2015, U.S. Bank, in its capacity as Trustee for the LXS 2007-7N Trust, filed a summons with notice in New York Supreme Court against Countrywide Home Loans (“CHL”), Countrywide Home Loans Servicing LP (“Countrywide…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

CFTC Issues Proposed Rule on Cross-Border Margin

On June 29, the U.S. Commodity Futures Trading Commission voted unanimously to propose a rule that would apply the Commission’s margin requirements for uncleared swaps in the context of cross-border transactions (Proposed Rule)…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Merger Price and Process Win the Day Yet Again In Delaware Appraisal Action

On June 30, 2015, the Delaware Court of Chancery issued a post-trial opinion in which it yet again rejected a dissenting shareholder’s attempt to extract consideration for its shares above the merger price through appraisal…more
| Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

Flash Boy’s Conviction Thrown Out—Again

In a stunning victory for the former Goldman Sachs programmer, New York State Justice Daniel Conviser threw out Sergey Aleynikov’s jury conviction on state law charges that he stole intellectual property from Goldman. Trade…more
| Criminal Law, Intellectual Property, Science, Computers, & Technology

Personal Securities Transactions Reports By Registered Investment Advisers: Securities Held In Accounts Over Which Reporting Persons Had No Influence Or Control

In a recent Guidance Update, the Staff of the Division of Investment Management of the Securities and Exchange Commission addressed certain issues arising under Section 204A of the Investment Advisers Act of 1940 which requires…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Goldman Sachs’s Motion to Dismiss Mostly Denied in $73M RMBS Suit

On June 29, 2015, Justice Eileen Bransten of New York Supreme Court granted Goldman Sachs Group Inc.’s (“Goldman”) motion to dismiss a cause of action for negligent misrepresentation but denied Goldman’s motion to dismiss causes…more
| Civil Procedure, Finance & Banking, International Law & Trade, Real Estate - Residential, Securities Law

Agencies Finalize Revisions to Advanced Approaches Risk-Based Capital Rule Applicable to Large International Banking Organizations

On June 16, the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency finalized revisions to the regulatory capital rules adopted in June 2013 that apply to certain…more
| Finance & Banking, International Law & Trade

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
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