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Lanceurs d'alerte et enquêtes d'entreprise

We’ve worked on precedent-setting cases, including Livingston v. Wyeth, one of the leading cases to date that address what constitutes "protected activity" under the Sarbanes-Oxley Act. And we helped Broadcom secure a complete dismissal of a Dodd-Frank whistleblower claim brought by an in-house attorney in Davies v. Broadcom. Along the way, we’ve played an integral role in the development of whistleblower law. We authored the leading treatise on Whistleblower defense, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era. Our clients include multinational employers across a wide range ...

Regulators Offer Insights Into SEC, CFTC, and OSHA Whistleblower Program’s Trends and Priorities

by Mike Delikat, Renee Phillips and Hannah M. Ghaffari | August.02.2019

On July 16, 2019, three prominent whistleblower law regulators spoke at PLI’s Corporate Whistleblowing in 2019, which was co-chaired by Orrick partners Mike Delikat and Renee Phillips. With the standard disclaimer that their comments and opinions were their own and not the official comments of their respective agencies, each spoke about their agencies’ whistleblower program’s current progress, challenges, and priorities.

Litiges en matière de faillite

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.

Loi sur les fausses déclarations

As states continue to enact their own false claims statutes – approximately 30 states now have statutes modeled after the federal FCA – state attorneys general are also aggressively pursuing potential FCA violations and coordinating their efforts to extract treble damages and civil penalties from defendants. The FCA also deputizes whistleblowers to bring fraud claims (called qui tam actions) on behalf of the United States. Why It Matters The most recent statistics published by DOJ confirm that the number of FCA suits and the size of monetary recoveries under the FCA continue to be ...

Litige traditionnel de droit du travail

For our many clients with established collective bargaining relationships, Orrick lawyers have acted as spokespersons in collective bargaining with numerous unions or have otherwise assisted employers handling their own negotiations. We have represented employers in arbitrations under collective bargaining agreements, actions to compel or stay arbitration, injunction proceedings, significant appellate work often opposing enforcement efforts by the NLRB, and virtually every other type of proceeding that implicates the collective bargaining process. We have also counseled numerous employers ...

Litiges en matière de fiscalité

The Tax Advocacy Group has successfully represented taxpayers in various fora, including the U.S. Tax Court, various trial and appellate courts, the U.S. Supreme Court, the Internal Revenue Service, and state tax authorities. The group litigates on behalf of clients in state and federal courts, and advocates for taxpayers seeking determinations from the Internal Revenue Service and other tax authorities. These proceedings have involved nearly all types of U.S. federal, state and local taxes, as well as foreign income tax and VAT. Our clients include domestic and foreign corporations, public ...

Litiges en matière de secrets commerciaux

This is especially true in the technology, biotech, financial services and manufacturing sectors. Whether you are defending a new hire or facing a bet-the-company battle, our dedicated Trade Secrets team will mobilize to help. We have represented innovative companies and have secured settlements and awards for startups to some of the largest global companies. Our successes include clearing the way for Mark Hurd to move to Oracle, over the fierce objection of his former employer, the Hewlett-Packard Company. We won a trade secrets misappropriation verdict for Sierra Railroad against Patriot ...

The DOJ’s China Initiative—Protecting Your Assets

by Glenn Dassoff and Roland Chang | August.15.2019

As anticipated in May, rising trade tensions between the U.S. and China have led to a series of escalating measures including tariffs and trade investigations.  In July 2019 testimony to the Senate Judiciary Committee, FBI Director Christopher Wray noted that more than 1,000 active investigations on intellectual property theft “lead[] back to China.”  Against the backdrop of these issues, the Department of Justice announced the “China Initiative” on November 1, 2018.  The DOJ explained that the Initiative was launched against the background of prior findings by the Administration regarding ...

Loi Anti-blanchiment d'argent et secret bancaire

A Unique Enforcement Perspective We are uniquely situated to help our clients manage regulatory and enforcement risk, whether through front-end compliance assistance or responding to law enforcement or regulatory inquiries. Our team is led by two former federal prosecutors who focused much of their careers at the Department of Justice (DOJ) on Bank Secrecy Act and Anti-Money Laundering Enforcement. One of these former prosecutors was an inaugural Deputy Chief of the DOJ’s Money Laundering and Bank Integrity Unit, DOJ’s sole unit dedicated to criminally enforcing the Bank Secrecy Act, and ...

The FCA Reclassifies Cryptoassets, But Is It Moving Away From Its Technology Neutral Approach?

by Jacqui Hatfield and Rebecca Kellner | August.05.2019

The Financial Conduct Authority (FCA) has released final guidance on cryptoassets in a policy statement that includes feedback from their January consultation paper. It is important to note that the policy statement is of a limited scope and focuses on whether different types of cryptoassets fall within the regulatory perimeter of the Financial Services and Markets