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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 Issues on Collection and Use of Big Data in Japan

by Shinsuke Yakura and Kazuo Isshiki | August.03.2017

On June 6, 2017, a committee within Japan’s Fair Trade Commission published a report on competition policy and big data. The report is based on a concern that dominance of big data by certain major technology companies could impede competition and innovation, and addresses how Japan’s Antitrust Act (Act) could be applied in this context.A main focus of the report is how certain cases of “collection of data” and “use of data” could trigger antitrust issues.

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 ...

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.

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 ...

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 ...

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 ...

Reforms Needed to Revive Italian Project Finance

by Raul Ricozzi and Francesca Isgro | June.25.2014

The recent placement of project bonds to finance Belgium’s A11 motorway made Italian lawyers wonder when it will be possible to structure a similar transaction under Italy's national project bond laws. The asset class was introduced in Italy two years ago, with the aim of financing infrastructures and public interest services through bond markets rather relying solely on bank lending.

Please click above for the full article released by IFLR.

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 ...

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 ...

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 ...

Transparency International Publishes “Top Secret: Countries Keep Financial Crime Fighting Data to Themselves”

by Luke Steele | February.22.2017

  On February 15, 2017, Transparency International ("TI") published the above report, recommending that national authorities engage to a greater level in making public disclosure of their countries' anti-money laundering ("AML") statistics. TI's report investigated leading EU nations (notably the UK, France, Italy and Germany) as well as the U.S. and found, in particular, that AML

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 (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 ...

German Competition Authority Still One of the Most Active Regulators in Europe

by Dr. Till Steinvorth and Boris Marschall | July.14.2017

Germany’s Federal Cartel Office (FCO) has published two documents summarizing its activities for the public: a more detailed "Activities Report" for the years 2015 and 2016 and the high-level "Annual Report 2016." These documents confirm that the FCO continues to be a highly active operator in the area of competition law enforcement in Europe.