Orrick Blog Sites

AntitrustWatch Blog

DOJ Heightens Focus on Hospital Systems and Market Allocation

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On April 14, 2016, the U.S. Department of Justice and two West Virginia hospitals entered into a consent decree requiring the hospitals to cease allocating territories for marketing their healthcare services.  The complaint and consent decree can be viewed here Read More

Derivatives in Review

Novo Banco and CDS – A Post-Mortem

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In 2014, the International Swaps and Derivatives Association, Inc. (“ISDA”), published the 2014 ISDA Credit Derivatives Definitions (the “Definitions”), which updated the 2003 ISDA Credit Derivatives Definitions.[1] One of the most significant changes in the Definitions was the inclusion of Read More

Distressed Download

Litigation Finance: A Brief History of a Growing Industry

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Litigation costs money. Litigation finance can provide the cash a plaintiff needs to prevail in court. Plaintiffs holding valid—and potentially quite valuable—claims sometimes do not have the resources to initiate a lawsuit or to see one through to a favorable Read More

Employment Law and Litigation Blog

Germany – Premium Paid by Employer for Leaving Trade Union is Unlawful

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Powerful trade unions often are a thorn in the side of employers. But if a company tries to reduce the trade unions’ influence, it may violate the freedom of association under Article 9 section 3 of the German Constitution (Grundgesetz Read More

Equal Pay Pulse

Maryland’s Amendment Would Expand Equal Pay to Include “Gender Identity,” Strengthen Protections Along Other More Familiar Lines

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As we noted in last week’s coverage of Equal Pay Day’s twentieth anniversary, the issue of equal pay has been drawing increasing attention from regulators, legislators and plaintiffs’ attorneys nationwide.  Of particular note, a report issued in January 2016 by Read More

Financial Industry Review

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

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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 for advice Read More

Policyholder Insider

Fourth Circuit Finds Potential Coverage For Data Leak As Publication Under CGL Policy

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This week, a Fourth Circuit panel in an unpublished decision validated arguments long made by policyholders: that commercial general liability policies may provide coverage for certain data breach liabilities. In this case, Travelers Indemnity Company v. Portal Healthcare Solutions, the appellate Read More

NorCal IP Blog

Motion to Dismiss Granted: What Are The Facts?

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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 rare to see parties file motions to dismiss in Read More

Securities Litigation, Investigations and Enforcement

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

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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 U.S. Attorney’s Office Read More

Orrick Total Access

When do you need a 409A Valuation?

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We understand that the last thing any start-up wants to worry about is the taxes and legal side of running a business. It’s easy to let tax considerations slide when you have so many other things to worry about, like Read More

Trade Secrets Watch

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

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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 expansion” of federal intellectual property law in Read More

Orrick Trust Anchor: Trends in Cybersecurity, Data Privacy, Compliance.

7th Circuit Revives P.F. Chang’s Data Breach Class Action Suit

Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case that we previously reported on here.  Read More