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Accrued Knowledge

Cybersecurity, Boards and Cyber-Board “Experts”: Caution Should Rule

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A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity.  Many public companies foist this additional burden on the audit committee.   Those large enough to have a risk committee frequently allocate it there.  Read More

AntitrustWatch Blog

FTC Provides New Guidance on Classifying Foreign Entities Under the HSR Pre-Merger Notification Program

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On May 19, 2016, the Federal Trade Commission (“FTC)” issued an important clarification regarding how the agency will determine whether a foreign entity is classified as corporate or non-corporate for the purpose of the agency’s premerger notification program.[1]  Under the 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

Orrick Ranked Among Top Ten Bankruptcy Law Firms

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The Deal has once again recognized Orrick as a Top Ten Bankruptcy Law Firm in its Q1 2016 Bankruptcy League Tables. After being named to the top ten in each quarter last year, Orrick extended the streak by gaining one Read More

Employment Law and Litigation Blog

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

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A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination.  It also serves to highlight the heavy burden that plaintiffs—whether government agencies Read More

Equal Pay Pulse

Employers Left Hanging Again: Coates v. Farmers Reaches Settlement & Still No Answers on Interpreting California’s Fair Pay Act

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What many were hoping would bring clarity to California’s Fair Pay Act, further left employers in the dark on how to interpret the Act. On April 29, 2015, Plaintiff Lynne Coates filed a class action lawsuit against Farmers alleging gender Read More

Financial Industry Review

Commission Summary of Contributions on EU Regulatory Framework

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The European Commission has published a summary of contributions received to the ‘Call for Evidence’ on an EU regulatory framework for financial services. The consultation closed on January 31, 2016. The summary reports who responded and gives an overview of Read More

Policyholder Insider

New York’s Highest Court Finds Policy Language Controls Allocation and Exhaustion Methods for Excess Coverage

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In a major victory for policyholders, the New York Court of Appeals held on May 3, 2016 that manufacturers Viking Pump, Inc. and Warren Pumps, LLC are entitled to coverage under excess insurance policies for liability resulting from asbestos claims, Read More

NorCal IP Blog

No “Last Resort” Striking of Undisclosed Expert Opinion

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Order Granting-in-Part Motion to Strike Declaration of Miguel Gomez, VIA Techs., Inc. et al. v. ASUS Computer Int’l, et al., Case No. 14-cv-03586 (Magistrate Judge Paul Grewal) In a recent order in VIA Techs., Inc. v. ASUS Computer Int’l, Magistrate Read More

Securities Litigation, Investigations and Enforcement

Supreme Court Issues Two Decisions That Limit Access to Federal Courts

On May 16, 2016, the United States Supreme Court handed down two decisions that may, in practice, limit the ability to access federal district courts.  In Spokeo, Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016), the Supreme Court rejected 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

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

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Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by President Obama on May Read More

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

Treasury Cites Cyber Challenges for Online Marketplace Lending Industry

On May 10, 2016, the United States Department of Treasury (Treasury) became the latest federal agency to highlight the importance of cybersecurity in the financial services industry.  In its white paper, which follows last year’s request for information to the Read More