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Revenue Bond Financing

Our Revenue Bond Financing Group focuses on enterprise revenue bonds, that is, bonds payable from the revenues of an enterprise conducted by the public entity that issues the bonds. Some of the these issues overlap practice areas and, when advantageous, we bring in expertise from other Orrick practice groups, including the Public Power Finance Group, the Water and Wastewater Finance Group, the Transportation Finance Group, the Industrial Development, Pollution Control and Solid Waste Financing Group, and the Health Care Finance Group. These issues might be handled by attorneys in several ...

Pension Obligation Bond Financing

History That financing and a number of copy-cats that rapidly followed were tax-exempt and primarily driven by then legal arbitrage possibilities. Many of these transactions were structured as lease financings or as installment sales of annuities. Tax-exempt pension obligation bonds largely came to an end with the introduction of tax legislation that became part of the Tax Reform Act of 1986. However, we have continued to work on pension bonds that are tax-exempt because of special transition rules or special (non-arbitrage) situations. A new taxable version of pension obligation bonds ...

Antitrust Counseling & Compliance

We have guided a diverse range of businesses, organizations and trade associations through the complexities of antitrust compliance, and helped them manage antitrust risk and avoid antitrust liability. We do so by understanding the business strategies of our clients and becoming strategic partners with them and our colleagues in related fields, such as intellectual property, regulatory matters, and mergers and acquisitions. We have extensive expertise in, and routinely provide guidance concerning, state antitrust, unfair practices and unfair competition law issues. Our antitrust and ...

The European Antitrust Enforcers’ response to the Covid-19 outbreak: Antitrust rules will bend, but will not break

by Marie-Laure Combet and Boris Marschall | March.26.2020

In a welcomed attempt to align their approaches, the antitrust enforcers of the European Competition Network (ECN)1 have published a brief joint statement on the application of competition law during the Covid-19 crisis. If one may regret that its content remains too high-level, it is an important step, which comes just shortly after the European

General Obligation Bonds

Since 1985, our attorneys have worked on more than 3,700 general obligation issues totaling more than $280 billion. Our clients have been cities, counties, states, school districts, community college districts, and other special districts and public works departments (among others) in California, Florida, Hawaii, Illinois, Mississippi, Nevada, New York, New Jersey, Oregon, Vermont, Washington, D.C., and Guam. Representative projects funded by these general obligation bonds include: school facilities parks and recreation district improvements water ...

Post-Issuance Tax Compliance

Such efforts include: (i) the distribution of tax questionnaires to 501(c)(3) borrowers and governmental issuers of tax-exempt bonds inquiring as to the scope and extent of post-issuance compliance practices and the date of adoption of written post-issuance tax policies; (ii) annual reporting requirements for 501(c)(3) borrowers of tax-exempt bonds in the form of IRS Schedule K (IRS Form 990), which requires detailed information regarding outstanding tax-exempt bonds and private business use calculations; (iii) audits of tax-exempt bonds (including physical examination of the bond financed ...

Higher Education, Exempt Organization & Governmental Financings - Tax Presentation

by Larry Sobel and Charles C. Cardall | November.07.2016

Topics covered: Qualified Equity - Allocation & Accounting Rules for Private Business Use Refunding Into Flexibility - Anticipatory Remedial Action In Connection With A Refunding Maximizing The Insubstantial - Multipurpose Elections &The $15 Million Limitation The Changing Landscape Of Private Service Contracts: Revenue Procedure 2016-44 Private Business Use - Research Contracts Private Business Use - Material Transfer Agreements Private Business Use - Incidental Use Exception & Examples & Short Term Use Exception Private ...

Assessment and Special Tax Bonds and Land Secured Financing

Our Special Tax and Assessment Financing Group focuses on infrastructure financing techniques that primarily use land-secured revenues (i.e. assessments or special taxes levied on benefited property) to pay for public improvements. The principal financing techniques used in infrastructure finance are: Special Assessment Bonds Mello-Roos/Community Facilities District (CFD) Special Tax Bonds Joint Powers Authority Financings Integrated Financing Districts Charter City Proceedings Marks-Roos Pooled Financings  Attorneys in Orrick’s Special Tax and Assessment Financing ...

Distressed Assets & Alternative Investments

We are a global leader in distressed claims transactions, leveraging the breadth and depth of the firm’s resources throughout the world and have firsthand knowledge of the business, regulatory and legal landscapes in every major international jurisdiction. Our attorneys are well-versed in LSTA, LMA and ISDA standard trade documentation, and are equally skilled in crafting bespoke documents tailored to suit the individual needs of our clients and their investments. Our team works closely with our restructuring group in developing loan to own and other debt-trading strategies. Bankruptcy claims ...

Real Estate Finance

Our team has a distinct capital markets focus with deep experience in secured and unsecured credit facilities, mezzanine, construction, and term loans, syndicated loan facilities, commercial mortgage loan origination, as well as investments in CMBS, RMBS and other structured real estate debt products.  We have also advised on A/B tiered structures, leasehold financings, preferred equity structures, participations and syndicated facilities, credit tenant loans, bridge, and permanent financings, acquisition and disposition of loans (collateralized or unsecured) as well as restructurings, ...

Housing Finance

The Housing Finance group has experience with virtually every type of financing structure used in the housing bond market, as well as with the restructuring of bond issues. Housing bond issues for which we have been bond or underwriters counsel have included a variety of features, many of which now seem commonplace, but many of which we helped create or refine, such as: Mortgage loan sales and bond defeasance Tax-exempt real estate loans (private placement pass-through documentation) Rehabilitation loans (including rehab loan advances) Variable rate or adjustable rate bonds ...

U.S. Supreme Court

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U.S. Supreme Court Preserves Protections for Dreamers

June.18.2020

The U.S. Supreme Court’s decision today preserving the Deferred Action for Childhood Arrivals (DACA) program supports the positions taken in two separate amicus briefs filed by Orrick appellate teams opposing the Trump Administration’s attempt to end DACA’s protections for hundreds of thousands of immigrants who entered the U.S. as children.

Cybersecurity, Data Privacy and State Attorneys General

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Higher Education and Student Loan Financing

Facilities Financings In the past eight years, Orrick has served as bond counsel or underwriters' counsel with respect to more than 525 issues aggregating nearly $35 billion on behalf of colleges and universities. These include The Regents of the University of California and the Trustees of The California State University (which have continual capital needs for their more than 30 campuses, satellite campuses and research stations), more than 30 private California institutions of higher education, and institutions located in other states. Among the private, California institutions of higher ...