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Artificial Intelligence & Machine Learning

We draw on our extensive experience working with innovators. We’ve been named the Most Innovative Law Firm in North America by the Financial Times three years in a row. And we bring a reputation as a leading advisor to the tech sector. In 2019, we were named by Law360 as Technology Practice Group of the Year. Our global team has advised on hundreds of AI and machine learning matters. Here are some issues we’ve helped our clients navigate: Data Innovation – We counsel companies on risk assessment and risk mitigation with respect to development and use of AI technologies, data sets, ...

Antitrust (Cartels)

Cartel expertise Competition authorities worldwide are dialing up their anti-cartel efforts and heightening cross-border collaboration, with synchronized "dawn raids" mounted across jurisdictions. Companies can expect more of the same going forward – perhaps much more. Critical to risk management is an aggressive response that proactively addresses compliance alerts and other indications of anti-competitive conduct. Speed and agility can also mean the difference between amnesty or leniency and catastrophic sanctions. The choice of cartel counsel is thus a crucial decision point in protecting ...
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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

Appellate Litigation

Our lawyers have briefed, and argued on appeal, cases that are considered to be among the constellation of leading antitrust precedents, including a number of the U.S. Supreme Court’s key decisions. Not only do we routinely represent clients from the beginning of litigation through all levels of appeal, we also frequently are retained in significant matters for the first time on appeal.

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 ...

Airport and Port Financing

Orrick is one of a few bond counsel firms with a practice group devoted to airport financing. The purpose of each of our practice groups is to focus and enhance experience, efficiency, consistency, quality and responsiveness to clients. The group can field several teams of attorneys with broad experience in airport financing, familiarity with all of the financing options that may be considered, knowledge of the most recent developments in tax law, FAA regulations, risk disclosure and financing techniques, and sufficient resources to meet any financing schedule. Attorneys in Orrick's Airport ...

Alternative Investors

Our global network offers experience in key industries that our clients invest in. We are particularly recognized for our experience in the Technology, Energy & Infrastructure and Real Estate sectors. Private Investment Fund Formation Our private investment funds practice advises on all stages of fund formation, from negotiating terms and developing marketing strategy, negotiating with placement agents, drafting fund and sponsor documents, negotiating with investors, and providing advice on internal sponsor and management company arrangements. Finance Our global finance team represents ...

New lending opportunities for EU Alternative Investment Funds in Italy

by Patrizio Messina, Gianrico Giannesi, Raul Ricozzi, Emanuela Molinaro and Annalisa Dentoni-Litta | February.17.2017

On 23 December 2016, the Bank of Italy supplemented the regulation on the collective investment management (the "Regulation") which, inter alia, implements article 46-ter of Legislative Decree. n. 58/1998 ("Consolidated Financial Act"), introduced by article 17 of Law Decree n. 18/2016, as subsequently converted into law, (the "Decree"), which sets out the conditions under which the EU Alternative Investment Funds (the "EU Credit AIFs") may carry out investment activities in Italy both in the form of purchasing credit receivables and providing direct credit. The Regulation entered into force ...

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 ...

‘Competitors’ Challenges to the Merits of a State Aid Decision is a Tough Nut to Crack, the Scor (Court) Case Reminds Us’

by Marie-Laure Combet and Lena Boucon | October.01.2019

1. Background: Back in 2013, Scor SE (“Scor”), whose subsidiary is engaged on the French market for the reinsurance of risks relating to natural disasters, lodged a complaint with the European Commission alleging unlawful and incompatible State aid in favor of Caisse Centrale de Réassurance (“CCR”). CCR is a public undertaking of reinsurance whose core activity

Asset-Backed Securities

We have a leading market presence as legal advisors on CLO transactions, and we are one of the preeminent law firms advising issuers and underwriters in the securitization of credit card, charge card, auto loan, auto lease and dealer floorplan receivables. Our team handles securitizations of tax liens, PACE liens, structured settlements, lottery receivables, student loans, time shares, portfolios of aircraft and aircraft engines and a variety of other assets. With strong practices in both public finance and securitization, Orrick is one of the few firms in the U.S. with substantial ...

Asset Recovery for Corporate Crime Victims

This experience has proved invaluable in Orrick’s representation of companies that are increasingly the victims of all types of crimes whether the perpetrator is an insider or a competitor. Companies fall victim to crimes such as: Cybercrime including hacking, phishing and malware attacks; Theft of trade secrets and other intellectual property crimes; Illegal counterfeiting of merchandise; Price-fixing in violation of antitrust laws; Embezzlement and kickback schemes; Insider trading; and ...

Anti-Money Laundering and Bank Secrecy Act

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 ...
financial regulation

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

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, ...