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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 ...

Health Care Finance

Scope We regularly act as bond counsel, disclosure counsel, underwriters counsel and direct purchaser’s counsel for health care finance transactions around the country. We have been specializing in health care finance since the early 1980s. Our practice encompasses financings for nonprofit 501(c)(3) health care systems, hospitals, clinics (including federally qualified health centers), retirement facilities, skilled nursing facilities, proton therapy centers and blood banks, as well as public health care providers. We are long-standing members of the finance teams for many of the most active ...

Orrick Grows Market Leading Public Finance Practice

March.11.2019

Leading healthcare finance lawyer Robyn Helmlinger has joined Orrick's Public Finance Group as a partner, based in San Francisco. For two decades, Robyn has been advising issuers, borrowers and underwriters involved in issuing municipal bonds, with a focus in the U.S. healthcare industry.

Property Assessed Clean Energy (PACE)

Soon after the passage of AB 811 in California in 2008, we began working with clients and other interested market participants on a variety of legal and structural issues associated with PACE and on possible financing structures. Since then, we have counseled numerous issuers, program administrators, lenders and others in California and several other states.

Private Litigation

We have extensive experience with every type of antitrust claim, including claims involving price fixing, predatory pricing and buying, bundling and loyalty programs, tying, exclusive dealing, monopolization, product distribution, counterclaims in infringement actions, mergers and acquisitions. We routinely handle the most challenging antitrust claims and procedurally complicated antitrust litigation, at times managing scores of cases involving many parties spanning multiple jurisdictions. Our lawyers have a strong record in both the trial and appellate courts. In fact, companies often turn ...

Export Controls & Economic Sanctions

We have undertaken scores of internal investigations and compliance reviews for companies in industries as varied as semiconductors, aerospace and defense, energy, consumer electronics, and financial services. We represent clients in voluntary disclosures to the U.S. government and in administrative enforcement actions under economic sanctions and anti-money laundering rules, and we negotiate settlements with enforcement authorities. Apart from embargoes and sanctions applicable to U.S. companies and individuals, we have a particular depth and expertise in U.S. measures that provide for ...

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 ...