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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 ...

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 ...

U.S. Department of Labor Releases Guidance on Consideration of ESG Factors for ERISA Plan Fiduciaries

May.01.2018

  On April 23, 2018, the U.S. Department of Labor issued Field Assistance Bulletin No. 2018-1, which provides guidance on environmental, social and governance ("ESG") issues. The Bulletin's stated purpose is to provide guidance to the Employee Benefits Security Administration's to assist in addressing questions they may receive from ERISA plan fiduciaries and other interested

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 ...

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 ...

Say It Again: No Common Question Binds a Class Subject to Thousands of Individualized Pay Decisions

by Erin M. Connell and Necia Hobbes | December.11.2018

Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of producing a common answer to “the crucial question why was I disfavored.” Relying largely upon Wal-Mart Stores, Inc. v. Dukes, the court found certification inappropriate because the putative class members were subject to countless independent decisions involving the judgment and discretion of individual managers. The case also serves as another reminder that courts (including California state ...

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 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 ...

Say It Again: No Common Question Binds a Class Subject to Thousands of Individualized Pay Decisions

by Erin M. Connell and Necia Hobbes | December.11.2018

Echoing an increasingly familiar refrain, another district court has declined to certify a class of women bringing pay equity claims on the basis that they did not present a common question capable of producing a common answer to “the crucial question why was I disfavored.” Relying largely upon Wal-Mart Stores, Inc. v. Dukes, the court found certification inappropriate because the putative class members were subject to countless independent decisions involving the judgment and discretion of individual managers. The case also serves as another reminder that courts (including California state ...

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. Our practices and teams are recognized globally as leaders in the sector. Chambers & Partners 2018 rates our teams across 20 energy and infrastructure categories in markets worldwide, including the United States, Africa, France, Italy, Japan and the UK. In addition, our lawyers have earned 71 individual rankings from Chambers ...

Renewable Alert Letter 38: 32-40 yen Projects: The Risk of Lower Applicable Procurement Prices – Revised Outline From METI

by Yoichi Katayama and Minako Wakabayashi | December.07.2018

On December 5, 2018, METI announced its "New Measures for Non Operational PV Projects under the FIT Scheme (Outline of Revisions)" to revise proposals it presented in October 2018 regarding new rules to substantially cut applicable procurement prices for non-operational solar power projects.