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International Tax

Principally through its Paris office, Orrick superintends and coordinates European tax strategies and structures.

Inbound Inversions for German Technology Companies

by Dr. Stefan Schultes-Schnitzlein and Peter Connors | 12.13.14

Inversions have received an enormous amount of attention in the United States in recent years, as scores of companies have relocated to more tax-friendly jurisdictions. However, many non-U.S. companies (particularly in the technology area) may find it preferable to move into the United States to gain access to the U.S. capital markets, thereby creating local law exit tax issues. Set forth is a case study with a fairly typical fact pattern involving a German technology company that is evaluating the consequences of relocating to the United States. We discuss both the German and U.S. tax ...

International Arbitration & Dispute Resolution

We have appeared for clients before all major arbitral institutions and acted under all leading sets of rules, as well as in significant national court proceedings relating to those arbitrations. In addition, members of our group routinely sit as arbitrators, giving us the perspective of the decision-maker to use when we act as counsel. Global Arbitration Review ranks our practice in the top 20 in the world in 2016 and Chambers Global 2016 ranks three of our litigators for International Arbitration. Recent significant examples of our cross-border representations include the following: Natural ...

International Trade
& Compliance

Major companies such as General Electric, Intel and Marathon Oil commonly rely on us to help them overcome the most challenging barriers to cross-border business. We’ve counseled global financial institutions on how to comply with U.S. and EU economic sanctions against Russia. We’ve obtained national security clearance in one of the few CFIUS cases that has gone to the President for approval. We’ve resolved compliance and government affairs challenges related to trade in security-sensitive electronics products. We’ve advanced the interests of some of the largest industrial businesses in ...

ZTE Settlement Highlights Broad Extraterritorial Application of U.S. Sanctions and Export Controls to Non-U.S. Companies 中兴通讯和解案揭示,美国政府对非美国公司的制裁和出口管制的域外适用非常广泛

by Harry Clark | 03.14.17

On March 7, U.S. authorities settled criminal and civil proceedings involving Zhongxing Telecommunications Equipment Corporation and certain of its affiliates (“ZTE”).  ZTE is the largest publicly traded telecommunications manufacturer in China and the fourth largest telecommunications manufacturer in the world. Charges against ZTE centered on allegations that the company supplied electronics products to Iran and North Korea in violation of U.S. economic sanctions and export controls.  If the settlement is fully implemented, ZTE will pay at least $892 million, and as much as $1.19 billion, in ...

IP Counseling & Due Diligence

We also represent companies in a wide variety of technology transactions, including agreements to develop, license, test, market, distribute, co-brand, protect, and acquire or divest technology and related intellectual property rights. Our lawyers have significant experience representing licensors, licensees, developers, investors, sellers and purchasers of new and existing technology, vendors and buyers of content, and both large and emerging technology companies. Representing a wide variety of clients in a variety of industries enables us to understand all aspects of technology and ...

Industrial Development, Pollution Control and Solid Waste Financing

Reflecting restrictions imposed by the Tax Reform Act of 1986, our more recent financings have focused on solid waste disposal and resource recovery projects. At the same time, we have continued our leadership in “small-issue” industrial development bond financings in California. We also have extensive experience under the old air and water pollution control rules, as well as financings for “two-county” utility projects and other exempt facilities. Members of this group, while serving as bond counsel for the majority of projects, have diverse experience in representing all parties to private ...

Indian Tribal Finance

We represent Indian tribal governments and enterprises, Alaska native villages and native corporations and major financial institutions (including investment and commercial banking firms and credit enhancement providers), as well as others doing business in Indian country. Over the last 20 years, Orrick lawyers have served as counsel in dozens of successful tribal financings (both taxable and tax-exempt) for a wide range of projects. Orrick is also the nation's leading bond counsel firm, ranked number one for more than a decade. Our lawyers are known for innovation in the field, having served ...

Infrastructure

For decades we have been the firm of choice for prominent industry participants because of the innovative ways in which we design legal structures, draft project documents and manage complicated transactions. With lawyers across four continents, we have significant experience in every sector of the industry, including toll roads, bridges, tunnels, airports, ports, rail, water facilities, stadiums, mass transit and other infrastructure projects. Our practice was rated Band 1 for U.S. projects by Chambers Global 2016. We were named a Project Finance Group of the Year by Law360 in 2015, and ...

Impact Finance

Focused on social change, impact finance aligns social, environmental and financial considerations with investment and business strategy. Our clients include financial institutions, family offices and high-net-worth individuals, municipalities and other government entities, entrepreneurs and innovative nonprofits – all who share this goal.   Our work is wide ranging. We have created innovative structures to provide microfinance institutions (“MFIs”) with funds. We work with organizations such as Echoing Green to support social enterprises engaged in systems-changing work. We advise on the ...

Green e Social Bond. Le modifiche al Regolamento ExtraMOT della Borsa Italiana

by Patrizio Messina, Gianrico Giannesi, Raul Ricozzi, Madeleine Horrocks, Emanuela Molinaro, Annalisa Dentoni-Litta and Francesca Isgro | 03.13.17

LE MODIFICHE In data 13 marzo 2017 sono entrate in vigore alcune modifiche al Regolamento ExtraMOT pubblicate da Borsa Italiana S.p.A. (“Borsa Italiana”). Tali modifiche sono state introdotte al fine di prevedere alcuni specifici requisiti in relazione alle obbligazioni ed ai titoli di debito i cui proventi vengono utilizzati per finanziare progetti con specifici benefici o impatti di natura ambientale (c.d. “green bonds”) (i “Green Bonds”) e/o sociale (c.d. “social bonds”) (i “Social Bonds”). In particolare, le modifiche sono finalizzate a: disciplinare le modalità di ottenimento dello ...

Insurance Recovery

According to Chambers USA, clients describe us as "top-notch lawyers who provide great customer service and are practical. They understand our business concerns and can help us balance the pros and cons of various paths." We represent the interests of policyholders exclusively, working tirelessly to secure recoveries for our clients. We litigate coverage claims when necessary, but focus on developing innovative, non-litigation solutions for our clients’ complex coverage disputes. To proactively avoid disputes, we provide risk management counseling and insurance advice to our clients on all of ...

Utah Federal Court Holds That Incontestability Statute Bars Insurer From Avoiding Death Claim on STOLI Policy

by Stephen Foresta and Philipp Smaylovsky | 03.17.17

On March 13, 2017, Judge David Nuffer of the United States District Court for the District of Utah granted defendant Wilmington Trust Company's motion to dismiss a lawsuit seeking to invalidate an alleged "STOLI" (stranger-originated life insurance) policy in Sun Life Assurance Company of Canada v. Wilmington Trust Company, No. 15-cv-00758. The court held that Utah's incontestability statute barred plaintiff Sun Life Assurance Company of Canada's claims and rejected Sun Life's arguments that the insurance policy was void ab initio.  The lawsuit stemmed from a $6 million universal life ...

Intellectual Property

We’ve won cases involving all types of intellectual property and related claims, including patents (particularly competitor disputes), copyright, trademark, unfair competition, internet security and trade secrets. Based on these results, The American Lawyer named us one of the top IP firms in the country in its "Litigation Department of the Year" contest in 2016, and Law360 called us one of four "MVP" IP firms in 2015 based on our results over the past five years. We handle some of the biggest competitor versus competitor disputes. We’ve efficiently shut down multidefendant cases brought by ...
Super IP

Two Noerr-Pennington Rulings Affirm Narrow Scope Of Immunity

by Elena Kamenir, Russell P. Cohen and Richard Goldstein | 03.21.17

Associate Elena Kamenir and Partners Russell Cohen and Richard Goldstein published an article discussing the scope of antitrust petitioning immunity in light of recent FTC and First Circuit opinions that addressed the Noerr-Pennington doctrine. In these two recent matters, defendants asserted the doctrine as an affirmative defense in two different contexts: in connection with trademark disputes in 1-800 Contacts and in relation to private standards-setting activity that was adopted by a regulatory agency in Amphastar v. Momenta. In their article, the authors suggest that the scope of the ...

Internal Investigations

We routinely represent companies, boards of directors, special committees and individuals in wide-ranging types of investigations. In so doing, we develop a customized approach to each matter and bring deep knowledge in all facets of internal investigation practices, criminal and regulatory enforcement, securities laws, and fiduciary duty and corporate governance obligations. We lead some of the most complex and high-profile internal investigations for clients from diverse industries, including technology, retail, consumer products, energy and natural resources, financial services, health ...

Understanding the New DOJ Guidance: Part 1 – Tone at the Top

by Justin Giovannettone, Lily Becker and Pamela Davis | 03.18.17

In February, the Department of Justice’s Fraud Section offered a new perspective on what the government expects in a compliance program in the form of a series of questions that companies should be prepared to answer about their program. Although some reported these questions provided limited, if any, new information, we see it differently. The guidance offers companies an unusually detailed roadmap for building or assessing their compliance program when it is explored in conjunction with past guidance.This is the first in a series of posts where we will explore key topics for companies of ...

The SEC Wins First Jury Trial in a Muni Case: SEC v. City of Miami and Michael Boudreaux

by Kenneth Herzinger and McGregor W. Scott | 09.17.16

In what the SEC called “the first federal jury trial by the SEC against a municipality or one of its officers for violations of the federal securities laws,” a jury in the U.S. District Court for the Southern District of Florida found the City of Miami and its former budget director, Michael Boudreaux, guilty of securities fraud for misrepresentations related to three municipal bond offerings in 2009. Both Defendants are expected to appeal the jury decision.