Orrick, Herrington & Sutcliffe LLP

What a Difference a Few Letters Make – Judge Donato Strikes Patent Claim over Ambiguous Typo, While Sparing Another Through Claim Construction

Order Re: Claim Construction and Invalidity, Altera Corp. v. PACT XPP Tech., AG, Case No. 14-cv-02868-JD (Judge James Donato) - When filing a patent application, make sure to cross your t’s and dot your i’s—and also check…more
| Civil Procedure, Intellectual Property

The New and Improved Defend Trade Secrets Act of 2015! Now Featuring a Lockbox

On July 31, 2015, TSW continued our reporting of the continuing saga of Congress’ attempts to establish a federal right of civil action for trade secrets misappropriation by covering the introduction of the “Defend Trade Secrets…more
| Intellectual Property

California Legislature Tries Again to Thwart Arbitration With Bill Purporting to Make Mandatory Arbitration Unlawful

California employers should keep an eye on a new challenge to arbitration provisions on its way to the Governor’s desk. On August 24, 2015, the California Senate passed AB 465, which would make it unlawful for any employer or…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Fines Issued for Transfer of Customer Data in an M&A Asset Deal

Recent enforcement actions by the Bavarian Data Protection Authority (DPA) [Bayerisches Landesamt für Datenschutzaufsicht] highlight the importance of severe restrictions placed on the transfer of such data, even in the context…more
| Business Organizations, Communications & Media Law, Consumer Protection, Mergers & Acquisitions, Privacy

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action for "Unfair" Cybersecurity Practices

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach action…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying…more
| Communications & Media Law, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

Judge Berman Deflates SEC’s ALJ Appointment Process

United States District Court Judge Richard M. Berman of the Southern District of New York has been making headlines in recent weeks as he presides over the highly publicized case between the National Football League (“NFL”) and…more
| Administrative Law, Commercial Law & Contracts, Constitutional Law, Elections & Politics, Securities Law

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach for Age Differences of Less than 10 Years

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)…more
| Civil Rights, Labor & Employment Law

Orrick's Financial Industry Week in Review

CFTC Issues Proposed Amendments to Swap Data Recordkeeping and Reporting Requirements for Cleared Swaps - On August 19, The U.S. Commodity Futures Trading Commission (CFTC) proposed amendments to existing rules relating to…more
| Business Torts, Finance & Banking, International Law & Trade, Securities Law

FDIC Sues BNY Mellon For Alleged Failure As Trustee of RMBS

On August 19, 2015, the Federal Deposit Insurance Corp., acting as receiver for Guaranty Bank, filed suit against Bank of New York Mellon Corp. in New York federal court, alleging that BNY breached its duties as trustee of 12…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

Rating Agency Developments

On August 18, Moody’s extended comment period on proposed clearing house global rating methodology to September 17, 2015. On August 17, Fitch released its updated corporate rating methodology. On August 13, DBRS published its…more
| Finance & Banking

Treasury Extends Comment Period on Marketplace Lenders RFI

On August 18, the Treasury Department extended the comment period for responding to the Request for Information (RFI) on marketplace lending titled “Public Input on Expanding Access to Credit through Online Marketplace Lending”…more
| Communications & Media Law, Finance & Banking

German Federal IT Committee Issues New Restrictions for Cloud Service Providers

Last month the German Federal Government IT Advisory Committee ("Federal IT Committee") issued new cloud computing service criteria for all prospective vendors to German Federal Agencies. Cloud services providers who offer, or…more
| Communications & Media Law, Science, Computers, & Technology

New York Appellate Court Upholds ACA’s Fraud Suit Against Goldman Sachs

On August 18, 2015, the New York Appellate Division’s First Department held that ACA Financial Guaranty Corp. adequately pled its fraud suit against Goldman Sachs Group Inc. A four-judge panel held that ACA sufficiently alleged…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

CFTC Extends No-Action Relief on the Applicability of Transaction-Level Requirements for Non-U.S. Swap Dealers

On August 13, 2015, CFTC Division of Swap Dealer and Intermediary Oversight, Clearing and Risk, and Market Oversight extended a time-limited no-action relief to swap dealers registered with the CFTC that are established under…more
| Commercial Law & Contracts, Finance & Banking, Securities Law
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The Orrick Building 405 Howard Street
San Francisco, CA 94105-2669, United States

Contact: Adi Weisman

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