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eDiscovery & Information Governance

If left unmanaged, eDiscovery can quickly consume a significant slice of the litigation budget. In the worst case, such costs can dictate litigation strategy. Orrick focuses on ensuring that discovery is proportional to the value of the case. Our eDiscovery lawyers advocate at meet-and-confer, negotiate discovery plans to reduce cost and scope, and when necessary, play a leading role on motion practice and appeals. We have a record of successfully litigating eDiscovery challenges, including issues related to preservation, cost shifting, proportionality and spoliation claims. Beyond ...

Employment Advice & Counseling

We advise clients on all areas of employment law including the creation of global employment practices and procedures, proactive audit and risk identification in the employment arena, planning and implementing reductions in force and alternative right-sizing programs, performance, incentive and compensation (executive and staff), pre and post-employment restrictions, data privacy and expatriate matters. We take into account differences in our clients’ industry and business models and provide advice appropriate for their marketplaces and internal cultures. We partner with our clients’ in ...

Employment Law & Litigation

We’ve secured important precedents in the wage and hour arena. And we bring deep subject area knowledge in areas most important to employers throughout the world. Leading companies turn to us for help avoiding the courtroom in the first place. We partner with our in-house teams to conduct investigations and audits, draft employment policies, and tailor executive compensation agreements that attract top C-suite talent. And we do it on a global basis. In selecting us as Employment Group of the Year in 2015, Law360 reported that our "preference for the most complex labor disputes makes Orrick ...

Allegations of Misclassification Are Insufficient to Demonstrate Commonality and Typicality According to California Court of Appeal Decision

by Joseph Liburt, Lisa Lupion and Alexandra Heifetz | August.15.2017

The California Court of Appeal for the Fourth District held that misclassification alone does not establish liability for overtime violations, and, thus, the fact that members of a putative class were classified as exempt was not sufficient to demonstrate the required commonality and typicality for a misclassification class action to proceed. The court in Kizer v. Tristar Risk Management held that in addition to alleging misclassification, the plaintiffs needed to prove that the misclassification caused harm. The standard announced by the Kizer Court augments the burden on plaintiffs in ...

ERISA & Benefits Litigation

Orrick's ERISA and Benefits Litigation lawyers counsel clients on withdrawal liability exposure in multiemployer pension plans and on the effects of asset sales and corporate transactions on potential withdrawal liability. Our lawyers also arbitrate disputes concerning withdrawal liability assessments and litigate a broad range of ERISA issues, including multiple plaintiff denial of benefit claim enforcement actions. Our ERISA and benefits litigation lawyers work closely with Orrick's Compensation and Benefits Group, whose lawyers have extensive experience in the application of the tax ...

Executive Compensation

This comprehensive service includes participant reports and tax notices, capitalization tables, Blue Sky compliance, Rule 701 or Reg. D compliance, equity grant guidelines, and Section 12(g) compliance. We routinely assist our public company clients with corporate governance, reasonable compensation, Sarbanes-Oxley compliance, proxy disclosure and M&A issues, 1933/1934 Act compliance, Section 16 compliance, insider trading and 10b5-1 plans, Section 162(m) deduction limits, stock option repricings, global stock plans, and accounting issues. With the recent enactment of Section 409A of the ...

Export Controls & Economic Sanctions

We have undertaken scores of internal investigations and compliance reviews for companies in industries as varied as semiconductors, aerospace and defense, energy, consumer electronics, and financial services. We represent clients in voluntary disclosures to the U.S. government and in administrative enforcement actions under economic sanctions and anti-money laundering rules, and we negotiate settlements with enforcement authorities. Apart from embargoes and sanctions applicable to U.S. companies and individuals, we have a particular depth and expertise in U.S. measures that provide for ...

Ethics & Compliance

Client Service Our primary consideration when approaching compliance assignments is practicality – a program won’t work if it is not grounded in the systems, culture, economics and business needs of our clients. We help our clients prevent, detect and correct potential wrongdoing by developing compliance programs that are tailored to their specific situations. Our approach is designed to build on a client’s existing needs so that internal resources can be allocated efficiently and initiatives can evolve over time. We also regularly test and assess our clients’ compliance programs to ensure ...

European Capital Markets

Our team has extensive experience advising companies on initial listing, corporate governance issues, follow-on offerings, M&A transactions, structured products and corporate reorganisations, leveraging our teams in London, Paris, Italy, Germany and Moscow. We also have a team of U.S.-qualified securities lawyers in London able to provide seamless, integrated advice on the application of U.S. securities matters to the European capital markets. Our practice also benefits from close integration with our market-leading European Finance team, which advises on finance matters and complex ...

Econ Draft Report on Proposed Regulation Amending CRR as Regards Transitional Period for Mitigating Impact on Own Funds of Introduction of IFRS 9

June.13.2017

  On June 8, 2017, the European Parliament's Committee on Economic and Monetary Affairs ("ECON") published its draft report on the proposed Regulation amending the Capital Requirements Regulation (Regulation 575/2013) ("CRR") regarding the transitional period for mitigating the impact on own funds of the introduction of International Financial Reporting Standard 9 ("IFRS 9") and the

Equal Pay

Equal pay is at the forefront of regulatory, political, shareholder, employee, and public concern. 2016 brought an unprecedented wave of new and proposed equal pay legislation and other initiatives at the federal and state level, seeking to address the pay gap. This is also a trend internationally. These initiatives will make it easier for employees and government agencies to bring pay claims against employers and may expose employers to public scrutiny as well as increased litigation risks and costs. While it remains to be seen how the Trump administration will pursue these issues at the ...

Equity Capital Markets

In addition to representing issuers, we have acted as underwriters’ counsel for all of the leading investment banks:           - Barclays - BOC Internatonal - BMO Capital Markets - Bank of America Merrill Lynch     - CCB International - Citi   - Credit Suisse - Deutsche Bank Securities     - Goldman Sachs - Guotai Junan Capital - Jefferies - JP ...

Energy

We work with clients in every part of the energy spectrum, including electric power, renewables, and oil and gas. Our clients range from the largest global sponsors and developers to banks and funds, new market entrants, and government entities on all four continents. We are ranked Band 1 in the energy space for renewables and alternative energy by Chambers USA in 2017. We’re also ranked by the Legal 500 United States in 2017, and have been named Law360's “Project Finance Group of the Year” in 2016 and Legalcommunity’s “Energy Law Firm of the Year” in 2016.  Our energy partners are ...

Renewable Alert Letter 32: METI Operation Change - Changes to Business Plan before Completion of Transition to New FIT Scheme

by Yoichi Katayama and Minako Wakabayashi | July.21.2017

A FIT facilities approval (setsubi nintei) under the old FIT Act may be deemed as a FIT business plan approval (jigyo nintei) subject to certain conditions under the new FIT Act.  However, in order to complete the transition of the subject project to the new FIT scheme, submission of a business plan (jigyo keikaku) by the designated due date is required.  As introduced in our Alert Letter No. 30, there is an institutional restriction that any amendment to FIT approval is not allowed until completion of METI’s confirmation of the business plan under the new FIT scheme.  Accordingly, the issue ...