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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. 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. We also help our corporate clients with ongoing compliance with the terms of their debt securities and other indebtedness. A key feature of our practice is our ...

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 ...

CFTC Amends Recordkeeping Rules

by Nikiforos Mathews and Jonas Robison | August.24.2017

 On August 28, amendments recently adopted by the Commodity Futures Trading Commission (“CFTC”) to recordkeeping obligations under CFTC Rule 1.31 are scheduled to become effective.[1] The CFTC periodically updates this rule to take into account technological advances and modernize requirements for persons subject to recordkeeping obligations under the U.S. Commodity Exchange Act or the CFTC’s rules, known as “records entities.”[2] In proposing these amendments earlier this year, the CFTC acknowledged that recordkeeping has “evolved significantly” since its last overhaul of Rule 1.31 in ...

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 ...

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 ...

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 ...

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

Data Privacy

Global Compliance Programs & GDPR Readiness. 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 ...
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