Orrick, Herrington & Sutcliffe LLP

RMBS Trustee Defeats Motion to Certify Class

On March 21, 2017, Judge Alison Nathan of the United States District Court for the Southern District of New York denied plaintiff’s Motion to Certify Class without prejudice in Royal Park Investments SA/NV v. Deutsche Bank…more
| Finance & Banking

SDNY Finds Three of Commerzbank AG’s RMBS Claims Against The Bank of New York Mellon Timely Under German Three-Year Statute of Limitations

On March 21, 2017, Judge George Daniels of the United States District Court for the Southern District of New York partially granted and partially denied defendant’s motion to dismiss in Commerzbank AG v. The Bank of New York…more
| Civil Procedure, Finance & Banking

SDNY Grants Trustees’ Motion to Dismiss Triaxx CDOs’ RMBS Claims for Lack of Standing

On March 21, 2017, Judge Naomi Reice Buchwald of the United States District Court for the Southern District of New York issued a Memorandum and Order granting defendants’ motion to dismiss plaintiffs’ First Amended Complaint in…more
| Constitutional Law, Finance & Banking, Real Estate - Residential, Securities Law

Corporate Governance Features: for Silicon Valley and San Francisco Bay Area Public Companies

Orrick has unveiled an unprecedented new study examining the corporate governance structures of the largest public companies in the Bay Area, including tech industry leaders. The comprehensive study reviewed the 153…more
| Commercial Law & Contracts, Science, Computers, & Technology, Securities Law

Il recupero transfrontaliero dei crediti: l'ordinanza europea di sequestro conservativo su conti bancari

Il 18 gennaio 2017 è entrato in vigore il Regolamento di esecuzione (UE) n. 1823/2016 della Commissione (il "Regolamento") che ha completato la procedura per l'ordinanza di sequestro conservativo sui conti bancari (European…more
| Finance & Banking, International Law & Trade

European Commission Publishes Inception Impact Assessment on New Prudential Framework for Investment Firms

The European Commission has published an inception impact assessment on its review of the appropriate treatment for investment firms. The impact assessment relates to the Commission’s review of the prudential framework for…more
| Finance & Banking, International Law & Trade

Rating Agency Developments

On March 22, 2017, DBRS issued a report entitled DBRS Criteria: Commercial Paper Liquidity Support for Non-Bank Issuers. Report. On March 22, 2017, Fitch issued a report entitled Fitch Updates US RMBS Seasoned,…more
| Finance & Banking, Securities Law

SEC Adopts T+2 Settlement Cycle for Securities Transactions

On March 22, 2017, the Securities and Exchange Commission (SEC) adopted an amendment to Rule 15c6-1(a), shortening the standard settlement cycle for most broker-dealer securities transactions by one business day, beginning on…more
| Finance & Banking, Securities Law

DTSA’s First Verdict “Fig”-ure: Jam’n to the Tune of $500,000

In little under a year after its enactment, a Federal Court jury in the Eastern District of Pennsylvania issued the first verdict under the Defend Trade Secrets Act in favor of the Plaintiff Dalmatia Import Group, Inc. The jury…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property

Orrick's Financial Industry Week In Review

Financial Industry Developments - OCC Provides Additional Details to Evaluate Charter Applications From Fintech Companies - On March 15, 2017, the Office of the Comptroller of the Currency ("OCC") issued a "Draft…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Real Estate - Residential, Securities Law

IRS Revenue Procedure 2017–13 Safe Harbor Requirements for Services Contracts

IRS Revenue Procedure 2017-13 (the "Revenue Procedure") sets forth, and significantly liberalizes, the requirements for determining whether a contract (a "Services Contract") with a service provider or manager (a "Service…more
| Commercial Law & Contracts, Taxation

EPC Publishes Updated White Paper on Mobile Payments in the SEPA

On March 7, 2017, the European Payments Council (“EPC“) published version 5 of a white paper that evaluates mobile payments across Single Euro Payments Area (“SEPA“). The white paper, the result of a collaborative effort between…more
| Finance & Banking, International Law & Trade

European Parliament Publishes Report on Fifth Money Laundering Directive Proposal

On March 9, 2017, the European Parliament published a report on the Fifth Money Laundering Directive (MLD5), this being the same report adopted by the Parliament’s Economic and Monetary Affairs Committee (ECON), as well as…more
| Finance & Banking, International Law & Trade

Hold the Phone: SEC Takes One Last Stand Before the Tenth Circuit regarding the Constitutionality of the SEC’s Administrative Law Judges

Last week, the United States Securities and Exchange Commission filed a petition for rehearing en banc with the Tenth Circuit Court of Appeals, imploring the court to reconsider a divided panel’s ruling on the…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Constitutional Law, Securities Law

Vive la France! French Parent Company Potentially Liable on Alleged ADEA Claim on a Single-Employer Theory

With some exceptions, the ADEA applies to the U.S.-incorporated subsidiaries of foreign corporations. It remains unsettled whether employees can sue foreign parent companies of U.S. subsidiaries for age discrimination under the…more
| Labor & Employment Law, Law Firm Marketing
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