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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 ...

Debtwire European Distressed Debt Market Outlook 2017

by Stephen Phillips | February.07.2017

 The 2017 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2017.  Jointly sponsored by Orrick and Greenhill, the report predicts that European restructurings will hit their next peak in 2017, with respondents citing interest rate rises (22%), geopolitical conflict (21%) and Brexit (16%) as the most important macroeconomic factors driving this trend. 

Debt Capital Markets

Our team has significant experience with high yield, investment grade and convertible notes offerings, including financing for leveraged acquisitions, as well as liability management transactions such as exchange offers, tender offers and consent solicitations. We continue to broaden our strong platform assisting corporate issuers of debt securities, many of whom are longstanding clients. Our ongoing work with leading global companies across a wide range of industries highlights the strength of our relationships with our clients and their trust in our counsel. Levi Strauss, Millicom ...

Orrick Advises Aerodom on $533 Million Debt Refinancing with Concurrent Notes Offering and Credit Facility

January.23.2017

A multijurisdictional Orrick team advised Aeropuertos Dominicanos Siglo XXI, S.A. (“Aerodom”), the Dominican airport operator, and its parent, VINCI Airports S.A.S., in a refinancing transaction raising a total US$533 million of new senior financing. The transaction involved a combination of a US$317 million Rule 144A/Regulation S offering of 6.750% Senior Secured Notes due 2029 and a US$216 million term loan facility, the proceeds of which were used primarily to finance a tender offer for Aerodom’s existing 9.250% Senior Secured Notes due 2019, and the satisfaction and discharge of the ...

Derivatives

We regularly draft and negotiate master agreements, standard and bespoke credit support agreements, complex transaction confirmations and ancillary documentation in connection with derivatives transactions.  In addition, we represent clients in the negotiation of clearing arrangements for swaps and futures. We represent financial institutions, corporations, municipalities and other market participants in connection with all their derivatives needs.  In addition to advising on contemplated transactions, we review existing derivatives contracts and relationships and advise on the restructuring ...

CME and LCH Amend Rulebooks on Variation Margin

by Jonas Robison and Nikiforos Mathews | May.04.2017

 Cleared derivatives are generally characterized as being either “collateralized-to-market” (“CTM”) or “settled-to-market” (“STM”) in connection with the mitigation of counterparty credit risk resulting from movements in mark-to-market value. Under the CTM approach, transfers of variation margin are characterized as daily “collateral” transfers, with the transferring party having a right to reclaim the collateral (a financial asset) and the receiving party having the obligation to return the collateral (a financial liability), as well as a legal right to liquidate the collateral in the event ...

Discrimination, Harassment & Retaliation

Our abilities to help clients evaluate strategies and options are backed by solid skills in the courtroom. Our Employment lawyers have extensive experience with high-profile cases, including significant civil actions, private class actions and Equal Employment Opportunity Commission (EEOC) pattern-and-practice investigations. The Orrick experience adds real value to clients trying to resolve difficult high-exposure claims. Our lawyers achieve positive outcomes for our clients at all stages of a matter – whether through success at a motion to dismiss, class certification, trial, appeal or ...

Salary History Becomes a Thing of the Past in New York City

by Jill Rosenberg and Lisa Lupion | May.04.2017

On April 5, 2017, the New York City Council passed an amendment to the New York City Human Rights Law prohibiting employers or their agents from inquiring about the salary history of an applicant.  The law also restricts an employer’s ability to rely upon that salary history in determining the salary, benefits or other compensation during the hiring process “including the negotiation of a contract.” The term “salary history” is defined to include current or prior wages, benefits or other compensation, but does not include “objective measures of the applicant’s productivity such as revenue, ...

Defense Energy Projects

This adds up to significant opportunity – and some important challenges.  Most renewable energy projects in the United States are developed, built, and financed on a “project finance” model.  In contrast, the contracting functions at the DoD are largely structured around a traditional government contracting procurement approach.  Our team helps our clients bridge that gap and assists them in taking on the most challenging issues related to developing and financing DoD projects.    Our team includes members of our energy project development and finance practice and our government contracting ...

Defense Energy Projects: Latest Trends

by Harry Clark, Christopher Gladbach and Evgeniya Shakina | June.30.2016

In this Industry Current, originally published in Power Finance & Risk, three attorneys at Orrick discuss the evolution of the U.S. Department of Defense's power procurement process and the implications for sponsors seeking DoD power purchase agreements. The authors are Harry L. Clark, a partner in the firm's international trade and compliance group, Christopher Gladbach, a partner in the energy and infrastructure group, and Evgeniya Shakina, an associate in the international trade and compliance group. The U.S. Department of Defense and each of the three major military service branches are ...

Drones and Other Unmanned Vehicles

Over the last several years, drones and other unmanned vehicles have evolved from niche industries to main stream commerce regularly featured in the headlines. Drones are the favorite new gadget for many. However, drones and other unmanned vehicles, such as driverless cars, face significant complicated legal issues, ranging from public policy, product liability and mergers and acquisitions, to intellectual property, cybersecurity and data privacy.  Orrick lawyers advise many companies in the drone and unmanned vehicle industries—both large and small—throughout the world. In addition to ...

Direct Lending

From our offices in New York, London, Paris and San Francisco, we advise clients on highly sophisticated and innovative transactions and provide commercial, value-oriented lending solutions for acquisitions, recapitalizations, refinancings, working capital lines and other borrower needs.

Our teams have experience across a wide array of debt products, including senior secured and second lien loans, unitranche loans, mezzanine and subordinated loans, asset-based loans and other specialty financings.

Direct Lending

Novità in materia di direct-lending. Gli OICR di credito

by Patrizio Messina, Gianrico Giannesi, Raul Ricozzi, Madeleine Horrocks, Emanuela Molinaro and Annalisa Dentoni-Litta | February.15.2017

In data 23 dicembre 2016, Banca d'Italia ha integrato il regolamento sulla gestione collettiva del risparmio (il "Regolamento") con cui, inter alia, viene data attuazione all'art. 46-ter del d.lgs. n. 58/1998 ("TUF"), introdotto con l'art. 17 del D.L. n. 18/2016, come convertito in legge, (il "Decreto"), che stabilisce le condizioni in base alle quali i Fondi di Investimento Alternativi UE (i "FIA UE") possono svolgere attività di investimento in crediti in Italia, sia sotto forma di erogazione diretta di finanziamenti che di acquisto crediti. Il Regolamento è entrato in vigore il 5 gennaio ...

Data Privacy

Global Compliance Programs. We assist emerging and public companies (e.g., FTSE 100 and Fortune 500) with global compliance programs that facilitate business objectives and growth while mitigating regulatory and litigation risk. Clients that collect and process data related to customers, website visitors, employees and other individuals and use that data in connection with customer service, HR functions, big data analytics, product and service development, and strategic planning regularly call on us to provide efficient and business-sensitive advice on managing risk associated with these ...
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Digital Crimes

Partnering with leading global technology companies, industry associations and international law enforcement, we have been disrupting and taking down international botnets, and the infrastructure of malware and phishing campaigns, controlled by a wide spectrum of threat actors for many years. We’ve carried out deep investigation and pursuit of hacking groups through civil litigation and law enforcement referrals in multiple jurisdictions. And we’ve litigated scores of enforcement actions involving cybercrime, trade secret misappropriation, fraud and deceptive activity and data breaches. In ...

Insurance Coverage Dispute Over Fraudulent E-mail Scam Heard by Ninth Circuit

by Darren S. Teshima and Harry J. Moren | February.18.2017

Insurance coverage for “Business Email Compromise” (BEC) scams is a hot issue being litigated by companies and their insurance providers in jurisdictions across the country. The Ninth Circuit is poised to issue what may be an influential decision after hearing oral argument this week in a coverage action initiated by an accounting firm that lost its