Orrick, Herrington & Sutcliffe LLP

European Commission Issues Call for Advice on Own Fund Requirements for Market Risk

On April 22, 2016, the European Banking Authority published a call for advice it had received from the European Commission regarding revisions to the own fund requirement for market risk as part of the CRR review. The call…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Proposed German Equal Pay Act May Complicate Remuneration Issues

Statistics reveal a difference of 7 percent between the remuneration paid to men and that paid to women with the same qualifications in Germany. The average hourly wage even shows a difference of 22 percent, making pay…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Setback for EU-US Privacy Shield – How to Safely Get HR Data Across the Pond

After the Court of Justice of the European Union declared the EU-U.S. Safe Harbor Framework invalid in October 2015, multinational companies with employees in the EU are facing the question how to legally transfer personal data…more
| Commercial Law & Contracts, International Law & Trade, Labor & Employment Law, Privacy, Science, Computers, & Technology

In Biggest Expansion of IP Law in 70 Years, Congress Passes Defend Trade Secrets Act

Yesterday Congress passed federal trade secrets legislation (the “Defend Trade Secrets Act” or “DTSA”) by an overwhelming 410-2 vote. The Wall Street Journal notes that the DTSA has been called the “most significant…more
| Elections & Politics, Intellectual Property

Insurance Europe Raises Concerns over Misunderstanding of Ultimate Forward Rate

On April 21, 2016, Insurance Europe, the European insurance and reinsurance federation, released a press release raising concerns over how Solvency II liabilities are currently calculated, including discount rates. This press…more
| Commercial Law & Contracts, Insurance, International Law & Trade

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the Federal…more
| Energy & Utilities

Big Bucks for Baby-Bonding: San Francisco Passes Employer-Paid Parental Leave Ordinance

Staying true to form, earlier this month San Francisco passed the nation’s first fully-paid parental leave law known as the Paid Parental Leave for Bonding with New Child Ordinance (“Paid Parental Leave Ordinance”). …more
| Elections & Politics, Labor & Employment Law

For Theranos, Life is Not All Rainbows and Unicorns: Government Conducting Criminal and Civil Investigations of Blood-Testing Company Theranos

In a memorandum released on April 18, 2016, the private blood-testing company Theranos – once valued at over $9 billion – announced that it is under investigation by the U.S. Securities and Exchange Commission (“SEC”) and the…more
| Business Organizations, Business Torts, Criminal Law, Finance & Banking, Securities Law

Renewable Alert Letter 25: Introduction of Listed Renewable Energy Funds

Procedures began in April 2016 for the long awaited listing of the first infrastructure fund on the Tokyo Stock Exchange targeted at investments in renewable energy plants and other infrastructure facilities. Among the…more
| Energy & Utilities, Environmental Law, Finance & Banking, International Law & Trade

ECB Offers Opinion on Proposed Regulation to Establish a European Deposit Insurance Scheme

On April 20, 2016, the European Central Bank (ECB) published an opinion on a proposal for a regulation amending Regulation (EU) No. 8.6/2014 in order to establish a European Deposit Insurance Scheme (EDIS)…more
| Finance & Banking, Insurance, International Law & Trade

Get Off My Cloud: “BYOC” Workplaces Pose Trade Secrets Risks

There’s been a lot of talk in recent years about “BYOD” (“Bring Your Own Device”) policies, which are becoming increasingly common in the workplace. Employees want the flexibility and ease that comes with being able to use a…more
| Civil Remedies, Intellectual Property, Labor & Employment Law, Privacy, Science, Computers, & Technology

Sales Tax Revenue Bonds Provide Critically Needed Transportation Funding Source

Funding transportation infrastructure in California is becoming increasingly difficult, as diminished gasoline taxes and other state and federal funding sources continue to be insufficient to provide fully for burgeoning capital…more
| Construction Law, Elections & Politics, Finance & Banking, Taxation, Transportation

Rating Agency Developments

On April 18, 2016, Fitch issued a report entitled: Fitch Updates U.S. Tax-Supported Rating Criteria...…more
| Finance & Banking

Motion to Dismiss Granted: What Are The Facts?

Order Granting Motion to Dismiss, Bluestone Innovations LLC v. Bulbrite Industries, Inc., Case No. 15-cv-5478 (Judge Phyllis Hamilton) - Before the recent amendment to the Federal Rules abolishing form complaints, it was…more
| Civil Procedure, Intellectual Property

EBA Publishes Final Report on Provision of Information in Summary or Collective Form

On April 19, 2016, the European Banking Authority published its final report providing guidelines on the provision of information in summary or collective form for the purposes of Article 84(3) of Directive 2014/59/EU…more
| Finance & Banking, International Law & Trade, Privacy
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The Orrick Building
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