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Copyright, Trademark & False Advertising

Copyright has emerged as the arena for some of the most significant disputes in the technology sector. Our team has crafted some of the most innovative – and successful – copyright arguments, protecting innovations for clients like Oracle and DISH Network. Global brands like AT&T, eBay, Visa and Microsoft look to our team for counseling on trademark enforcement and false advertising issues. Sports leaders from NFL Properties to the United States Golf Association rely on us to protect their brands. And we help emerging companies develop strong IP portfolios and future growth strategies. Our ...

Corporate Tax

Tax Department lawyers have been involved in domestic and international transactions involving purchases and acquisitions, business combinations and divestitures, corporate restructuring such as recapitalizations, multi-tier spin-offs and split-offs and hybrid entities, and innovative transactions involving the consolidated return regulations. Orrick’s Tax Department offers services to address clients’ corporate tax needs in: Asset-based Securitizations Compensation and Option Plans Consolidated Return Regulations Corporate Restructuring Cross-border Transactions ...

Cross-Border Employment Law Issues

Our lawyers provide strategic and results-oriented advice on all aspects of employment disputes and contentious matters before agencies, tribunals and in the courts, with special expertise on discrimination matters, wage-and-hour issues, cross-border trade secret protection and wrongful termination actions. Working with Orrick’s Global Corporate Solutions team, we also provide advice on data privacy and protection issues, employee benefits matters and global equity compensation programs. We have innovative single point of contact representations which allow companies with operations ...

Continuing Disclosure

This Continuing Disclosure Agreement not only obligates the issuer (or obligated person) to provide annual reports and current material event disclosures, but also exposes the issuer (or obligated person) to potential liability for securities fraud under S.E.C. Rule 10b-5 if those disclosures contain material misstatements or omit any information, whether or not required by the Continuing Disclosure Agreement, necessary to make the information contained in such disclosures not misleading in any material respect. Orrick has established procedures and practices to help issuers and other ...

Compensation & Benefits M&A

We have advised clients on all types of transactions, including traditional stock and asset acquisitions, divestitures, spin-offs and multinational joint ventures. We work with each client to achieve maximum tax and financial results, while reducing liabilities and attaining employee retention and incentive goals. Orrick lawyers also help companies structure transactions at the early planning stages of an acquisition. Our counseling extends well beyond legal documentation as we assist clients with quantitative analyses on the different approaches to a transaction and provide practical and ...

Cybersecurity & Data Privacy

Our global, interdisciplinary team comprises lawyers across the U.S., Europe and Asia. We provide clients with practical, creative and comprehensive guidance using our deep knowledge of, and experience with, cybersecurity and data privacy regimes across worldwide industries. We leverage strong relationships with domestic and international government regulators and agencies, data protection authorities, law enforcement agencies, industry experts and policy groups to bring a multi-faceted approach. Our objective is to help our clients manage risk while advancing their business priorities and ...
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Above the Clouds: Jeweler’s Trade Secret Spat Highlights Risk of Employee-Controlled Cloud Storage

by Christina Von der Ahe and Robert L. Uriarte | June.15.2017

We have discussed before the importance of maintaining internal policies and procedures to protect the security and integrity of cloud-based repositories. A recent case in the U.S. District Court for the District of Maryland illustrates that this continues to be an important issue—particularly for companies who store their crown jewels on the cloud.
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Compensation & Benefits

We have those lawyers. We are unique. With over 15 experts in New York City, San Francisco, Silicon Valley, and Wheeling, we work with clients on both domestic and global compensation & benefits matters. It’s all about you. As one client told Chambers USA: "They have good foresight – not just reacting in a transactional sense, but also looking at the trends and the bigger picture and being proactive in working with you to avoid a problem before it happens. The attorneys are incredibly responsive to our needs and are always able to assist when asked." Supporting Your Strategy We partner with ...

Charter School Finance

We have assisted a wide variety of charter schools throughout the United States, developed innovative school bond financings and participated in policy and legislative activities designed to meet unique challenges and achieve a comprehensive range of purposes. We have worked with the financing and refinancing of a wide variety of charter school projects, including working capital projects such as teaching specialists, administrative staff, Internet access, after-school and summer programs, pupil transportation, kindergarten programs, extracurricular offerings, information technology, and ...

Capital Markets

From blue-chip companies to technology-driven start-ups, we guide clients through the many challenges that arise during the different stages of the life of a company and craft financing solutions to serve strategic objectives. We combine industry knowledge and deep technical expertise to help our clients navigate capital markets, structure offerings of equity and debt securities and comply with securities and regulatory requirements. We focus on providing pragmatic business solutions to our clients’ needs, and our experienced partners stay actively involved on a day-to-day basis throughout ...

Cybersecurity, Data Privacy and State Attorneys General

As leading retailers, consumer products companies, financial institutions and health insurers have become victims of data breaches and other attacks, state AGs are focusing increasing attention on protecting their states’ residents and bringing actions against corporations for violations of state cybersecurity and consumer protection laws. Companies that have been hacked must contend with not only federal cybersecurity and data privacy laws, but also each state’s own privacy laws and data security rules. Following a significant data breach, a company may face AG inquiries and investigations ...

Class Action Defense

Our clients include Fortune 500 companies in the technology, finance, energy and consumer sectors; high-growth companies; and individuals. We focus on early dismissals and low settlements, but we’re well-known for our willingness to go to trial when justified. Our record includes victories in a variety of claims, from traditional breach of warranty, product liability, employment and securities class actions to novel false labeling and massive Telephone Consumer Protection Act (TCPA) cases. We work with our clients’ in-house team to understand the risks and objectives for each matter, conduct ...

In Nationwide Conditional Certification, Evidence Still Matters

by James McQuade, Zachary Scott and Andrea Johnson | June.01.2017

As employers well know, the Fair Labor Standards Act (“FLSA”) permits employees to file suits on behalf of themselves and others who are “similarly situated.” 29 U.S.C. 216(b).  In practice, this often means large employers find themselves defending against a single or handful of employees attempting to certify a collective action that includes hundreds or thousands of employees nationwide.  Many times, the collective group includes employees in states where the plaintiffs have never worked.  However, as a NY federal court recently reminded us, while plaintiffs’ evidentiary burden is not ...
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Corporate Governance

The group’s lawyers counsel boards, committees and management on legal requirements and best practices; respond with a seasoned team in the event of a corporate crisis; and litigate high-profile corporate governance and disclosure matters in Delaware and around the country. Because corporate governance matters often cut across traditional practices and geographies, we take a multidisciplinary cross-border approach when problems arise. Working with partners in the U.S., Europe and Asia, we can quickly put together a team consisting as necessary of securities litigators, transactional and tax ...

Supreme Court Unanimously Limits the SEC's Ability to Seek Disgorgement

by Blake L. Osborn, William J. Foley Jr. and Amy Ross | June.07.2017

This week, the United State Supreme Court finally resolved a circuit split and unanimously held that SEC actions seeking to disgorge ill-gotten gains are subject to a five-year statute of limitations on civil fines, penalties or forfeitures under 28 U.S.C. § 2462.  This decision is expected to dramatically reduce the SEC’s ability to collect disgorgement in enforcement actions.The decision arose out of an SEC enforcement action brought in 2009 that alleged between 1995 and 2006, Charles Kokesh, a New Mexico-based investment adviser, misappropriated $35 million from two investment advisory ...
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