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Antitrust/Intellectual Property

Orrick’s Antitrust and Competition Group is often called upon to guide clients through the challenging antitrust and competition issues that arise in obtaining, licensing and protecting intellectual property rights. We help owners of IP rights realize the value of their innovation, while guiding them through the minefield of licensing practices that can create antitrust or competition problems, or provide the basis for a patent misuse defense in an infringement action. Our antitrust and competition lawyers work with Orrick’s intellectual property lawyers in developing license agreements, ...

Antitrust & Competition

Or why Whole Foods instructed us to represent it before the FTC, why Telenor came to us for the European Commission’s review of its mobile telephony merger in Denmark and Aland Jiangsu Nutraceutical Co. chose us to defend it in the first cartel case ever brought against a Chinese company in a U.S. court. Simply, we are relentless in helping our clients. The tireless pursuit of business success would mean little if we didn’t have the skill and experience to back it up. Our lawyers have helped shape antitrust law in groundbreaking decisions in the United States, Europe and Asia. Our success as ...

European Capital Markets

Our team has extensive experience advising companies on initial listing, corporate governance issues, follow-on offerings, M&A transactions, structured products and corporate reorganisations, leveraging our teams in London, Paris, Italy, Germany and Moscow. We also have a team of U.S.-qualified securities lawyers in London able to provide seamless, integrated advice on the application of U.S. securities matters to the European capital markets. Our practice also benefits from close integration with our market-leading European Finance team, which advises on finance matters and complex ...

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. ...

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, ...

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 ...

Supreme Court Upholds but Limits the SEC's Imposition of Disgorgement of Unjust Enrichment

by Richard J. Morvillo, Daniel Nathan, Robert Stern, Tiffany Rowe and Sarah A. Hafeez | June.25.2020

On Monday, June 22, 2020, the Supreme Court decided in Liu v. SEC by an 8-1 vote that the Securities and Exchange Commission (SEC) can continue to collect disgorgement awards as equitable relief, but limited the award to the amount of the wrongdoer’s net profits and required that it be distributed to victims.

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, ...

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. ...