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Strategic Counseling

eDiscovery Counseling Among other things, we help clients prepare for litigation by developing protocols to understand, manage, preserve and quickly isolate information — both in the United States and internationally. If left unmanaged, eDiscovery can quickly consume a significant slice of the litigation budget. In the worst case, such costs can dictate litigation strategy. Orrick focuses on developing and implementing eDiscovery proportional to the value of the case. Our eDiscovery lawyers advocate at meet-and-confers and negotiate discovery plans to reduce cost and scope.  We have a record ...

Financial & Structured Products

We advise clients on the structure and bankruptcy implications of proposed transactions, including mergers and acquisitions, collateralized debt obligations, trade receivables, project and structured financings, mortgage loans and other transactional work. We have participated in a larger number of derivative product transactions than any other firm and are uniquely positioned to assist clients with swap workouts, repurchase agreements and other derivative products in or out of bankruptcy proceedings. Since 1990, we have served as principal counsel in more than 450 secondary market ...

Reforms Needed to Revive Italian Project Finance

by Raul Ricozzi and Francesca Isgro | June.25.2014

The recent placement of project bonds to finance Belgium’s A11 motorway made Italian lawyers wonder when it will be possible to structure a similar transaction under Italy's national project bond laws. The asset class was introduced in Italy two years ago, with the aim of financing infrastructures and public interest services through bond markets rather relying solely on bank lending.

Please click above for the full article released by IFLR.

Nonprofit Organizations

Our involvement with sophisticated charitable organizations incorporated in California includes serving as general counsel to a complex family of entities that operates affordable housing facilities, assisting the Board of Directors of an organization with over $200 million in annual revenues in navigating the safe harbors on reasonable compensation, and forming organizations to assist hospitals and universities in off-balance sheet financings.  In addition, we have advised a considerable number of other corporate private foundations and individual private foundations with respect to ...

Orrick Lawyer Co-Authors Article Addressing Unique Confirmation Issues in Nonprofit Cases

by Evan C. Hollander | November.16.2016

  Orrick’s Evan Hollander co-authored an article for The Norton Annual Survey of Bankruptcy Law (2016 Edition) addressing unique confirmation issues faced by nonprofit debtors in Chapter 11. The article addresses the applicability of the absolute priority rule, distinctive feasibility issues, and appropriate comparators when considering the best interests test in a nonprofit case. The

Public Finance Renewable Energy

In conventional energy, our experience includes working with IOUs, municipal utilities, electric cooperatives and several Indian tribes. We also work with these entities and a variety of public and private developers on alternative and renewable energy projects. In many cases, we bring together our power purchase agreement-based energy practice with our emerging company equity financing practice focusing on clean energy to apply public finance tax-exempt debt financing to specific projects and programs.

Public Finance Credit Enhancement/Direct Purchase

Our Public Finance Credit Enhancement/Direct Purchase Group combines the expertise of our commercial finance practice with our public finance bond counsel practice (generally ranked first in the country) to offer a credit enhancer or direct purchaser expert advice on creditors’ rights in general and on public entities’ rights in particular. Public vs. Private Borrowers: Rights and Restrictions Public entities are governed by different laws and have very different rights and obligations than private borrowers.  For example, unlike private borrowers, public entities have few implied powers. ...

Financial Problems of Municipalities

Our European Restructuring team distinguishes Orrick from many other firms with whom we compete because of our on-the-ground resources and bankruptcy experience in London, Paris, Germany and Italy. Our lawyers have advised on restructuring matters in the U.S., Europe, the United Kingdom, China, Japan and Korea for global companies. Our firm offers an unusually broad perspective because we helped shape the practices and documentation involving bankruptcy regulations around the globe. For example, members of our team: Represent firms in formal and informal corporate restructuring ...

Orrick’s Marc Levinson Compares Chapter 9 to Chapter 11 for the Federal Judicial Center Website

January.06.2017

 Orrick Restructuring Senior Counsel Marc Levinson is one of the chapter 9 experts assisting in the preparation of a chapter 9 manual for bankruptcy judges and court clerks that has been posted on the website of the Federal Judicial Center, an arm of the United States Courts which educates federal judges.  Among other things, the manual will discuss the differences between chapter 9 and chapter 11 bankruptcies. The below video comparing chapter 9 v. chapter 11 was prepared at the FJC’s request that Marc draw upon his experience representing the cities of Stockton and Vallejo, California, in ...

Asset Recovery for Corporate Crime Victims

This experience has proved invaluable in Orrick’s representation of companies that are increasingly the victims of all types of crimes whether the perpetrator is an insider or a competitor. Companies fall victim to crimes such as: Cybercrime including hacking, phishing and malware attacks; Theft of trade secrets and other intellectual property crimes; Illegal counterfeiting of merchandise; Price-fixing in violation of antitrust laws; Embezzlement and kickback schemes; Insider trading; and ...

Asset-Backed Securities

We have a leading market presence as legal advisors on CLO transactions, and we are one of the preeminent law firms advising issuers and underwriters in the securitization of credit card, charge card, auto loan, auto lease and dealer floorplan receivables. Our team handles securitizations of tax liens, PACE liens, structured settlements, lottery receivables, student loans, time shares, portfolios of aircraft and aircraft engines and a variety of other assets. With strong practices in both public finance and securitization, Orrick is one of the few firms in the U.S. with substantial ...

Bankruptcy Litigation

We represent debtors, creditors, committees, fiduciaries and lender groups in a range of disputes—from complex litigation, asbestos and energy cases to creditors’ rights and claims, avoidance actions and confirmation and valuation issues. We develop cost-effective strategies to meet the specific needs of each case and employ a full range of options, including negotiation, mediation and litigation to achieve the best results for our clients.

Municipal Restructuring and Insolvency

In addition, reliable access to capital has been interrupted in recent years by unprecedented turmoil and change in the bond market and the near disappearance of the bond insurance industry. Rising pension and post-employment benefits costs combined with a generally flat or only slightly increasing revenue picture have been significant challenges for many communities. Credit deterioration, on the part of both municipalities and financial counterparties, has caused some transactions, particularly those involving variable rate debt and/or interest rate swaps, to unravel. In the face of these ...

Nonprofit Corporation Financing

Lawyers in our Nonprofit practice have been providing legal counsel to nontraditional issuers such as corporations that are just now establishing nonprofit status, and to organizations that may not even have the assets to qualify for a tax-exempt bond issuance under typical circumstances. We have acted as bond counsel for almost all of the tax-exempt financings for cultural institutions that have been done in New York and for numerous such financings in California. We also have extensive experience as bond counsel, underwriters’ counsel and institution counsel for colleges, universities, ...

Private Wealth

These clients are usually private persons and we do not reveal their names. Often they own large, closely held corporations or are founders of public corporations. Our goal in working with these clients is to formulate estate plans and business arrangements that meet the client’s personal and business needs, while minimizing the tax costs (income, gift, estate, and generation-skipping tax) inherent in the transfer of wealth. The Department’s work with these families includes comprehensive wealth transfer planning, business succession planning, corporate recapitalizations, the creation of ...