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Water and Wastewater

Since 1985, members of our Water and Wastewater Financing Group have participated in over 800 tax-exempt financings aggregating nearly $80 billion dollars. We participate in financings for a broad range of purposes such as:   Storage facilities Treatment and pre-treatment facilities Collection and distribution facilities Desalination facilities System expansion and maintenance Rate relief and debt service savings    We particularly enjoy working with clients on long term capital programs and cutting edge financing structures and the development of new credits. ...

Welfare Plans

We have witnessed the enactment of the preexisting condition, nondiscrimination, and the privacy rules under HIPAA, to name just a few. Additionally, employers and their plans have become subject to the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, and the Women's Health and Cancer Rights Act. Other laws that have applied to employer welfare plans for some time, such as the continuation coverage rules of COBRA and the rules applying to cafeteria and flex plans, have undergone dramatic changes in just the last year or two. As if this were not enough, employers ...

Real Estate Investment Funds

In the United States, we have developed a robust fund formation platform drawing from our market-leading Real Estate practice and experienced Fund Formation network as well as longtime relationships with fund managers and sponsors.  We offer an international team that has worked on behalf of real estate and other private equity funds targeting investments in the United States, Mexico, Peru, France, Germany, the United Kingdom, Italy, Israel, Japan, China, India and Russia. Our clients include the leading international investment funds, fund sponsors, real estate advisors, developers, public ...

Swaps and Other Hedges

Derivative products have been developed in response to specific needs of issuers and bond purchasers.  Governing law or the issuer's objectives may not permit bonds to be issued in a form that would command the best price in the market.  Underwriters or other market participants, either in connection with the initial issuance of the bonds or in totally unrelated secondary market transactions, using custodial receipts, grantor trusts, swaps, puts or other devices, make a different instrument or instruments ("synthetic securities") out of the original bonds that they can market at an aggregate ...

Tax Advocacy

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 ...

Project Finance

Most recently, our work had included the US$2 billion Maryland Purple Line transit project in the U.S.; the €620 million Marseille bypass toll road in France; the US$1.4 billion Vinh Tan 1, a 1,200MW power plant in Vietnam; and the US$2.4 billion privatization of the Central Terminal Building at LaGuardia Airport - the first U.S. PPP project involving an airport that includes both design and reconstruction. We have been named “Project Finance Group of the Year” four times by Law360 and are regularly recognized by leading industry and legal publications, including Project Finance magazine, ...

Financial Services Appeals

Through our frequent representation of banks, other financial institutions, officers, directors, outside professionals, accounting firms, and corporations in high-stakes and high-profile appeals, we live and breathe the issues that concern financial services clients. And in recognition of our expertise in these areas, we are regularly called upon to assist with complex, critical trial-court litigation affecting the financial services sector. As our clients are well aware, financial services appeals often involve high stakes, complicated facts, and elaborate legal and regulatory frameworks. ...

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 ...

Does California’s Ban on Non-Competes Apply to Business Agreements? The California Supreme Court May Weigh In Shortly.

by Howard Ullman and Jason Yu | August.27.2019

The Ninth Circuit recently certified a question to the California Supreme Court regarding the scope of California Business & Professions Code Section 16600. As readers of the Orrick Trade Secrets Watch blog are likely aware, Section 16600 states that “[e]very contract by which anyone is restrained from engaging in a lawful profession, trade or business

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 ...

Public Finance Tax

Each year, our public finance tax lawyers structure many billions of dollars of tax-exempt financings and play pivotal roles in financings for governmental entities in 44 U.S. states and in several territories outside the U.S. The great diversity of Orrick’s practice (both geographically and in terms of the breadth of legal specializations we cover), together with our emphasis on sophisticated tax-driven transactions, gives Orrick unmatched strength in analyzing and opining on public finance tax matters and in crafting innovative solutions to tax-related problems. Orrick remains the national ...

Legislative/Regulatory Participation

Our lawyers leverage their knowledge of regulatory matters affecting participants in the global financial markets when advising a wide variety of clients, including financial institutions, finance companies, funds and investors, as well as leading industry associations.  Orrick has significant experience in helping clients conduct their businesses and design their financial products to comply with the broad spectrum of governmental regulations that might affect them, including securities law matters, rules governing permissible bank transactions, ERISA and tax. As a result of our extensive ...

Employment Advice & Counseling

We advise clients on all areas of employment law including the creation of global employment practices and procedures, proactive audit and risk identification in the employment arena, planning and implementing reductions in force and alternative right-sizing programs, performance, incentive and compensation (executive and staff), pre and post-employment restrictions, data privacy and expatriate matters. We take into account differences in our clients’ industry and business models and provide advice appropriate for their marketplaces and internal cultures. We partner with our clients’ in ...