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Private Litigation

We have extensive experience with every type of antitrust claim, including claims involving price fixing, predatory pricing and buying, bundling and loyalty programs, tying, exclusive dealing, monopolization, product distribution, counterclaims in infringement actions, mergers and acquisitions. We routinely handle the most challenging antitrust claims and procedurally complicated antitrust litigation, at times managing scores of cases involving many parties spanning multiple jurisdictions. Our lawyers have a strong record in both the trial and appellate courts. In fact, companies often turn ...

Public Finance Credit Enhancement/Direct Purchase

Our Public Finance Credit Enhancement/Direct Purchase Group combines the expertise of our commercial finance practice with our public finance bond counsel practice (generally ranked first in the country) to offer a credit enhancer or direct purchaser expert advice on creditors’ rights in general and on public entities’ rights in particular. Public vs. Private Borrowers: Rights and Restrictions Public entities are governed by different laws and have very different rights and obligations than private borrowers.  For example, unlike private borrowers, public entities have few implied powers. ...

Public Finance Renewable Energy

In conventional energy, our experience includes working with IOUs, municipal utilities, electric cooperatives and several Indian tribes. We also work with these entities and a variety of public and private developers on alternative and renewable energy projects. In many cases, we bring together our power purchase agreement-based energy practice with our emerging company equity financing practice focusing on clean energy to apply public finance tax-exempt debt financing to specific projects and programs.

Private Wealth

These clients are usually private persons and we do not reveal their names. Often they own large, closely held corporations or are founders of public corporations. Our goal in working with these clients is to formulate estate plans and business arrangements that meet the client’s personal and business needs, while minimizing the tax costs (income, gift, estate, and generation-skipping tax) inherent in the transfer of wealth. The Department’s work with these families includes comprehensive wealth transfer planning, business succession planning, corporate recapitalizations, the creation of ...

Property Assessed Clean Energy (PACE)

Soon after the passage of AB 811 in California in 2008, we began working with clients and other interested market participants on a variety of legal and structural issues associated with PACE and on possible financing structures. Since then, we have counseled numerous issuers, program administrators, lenders and others in California and several other states.

Public Power Financing

Since 1985, members of the Public Power Group have participated in more than 575 tax-exempt financings aggregating more than $106 billion in twenty-five U.S. states and territories, plus more than 95 taxable financings aggregating more than $55 billion for Federal power agencies and rural electric cooperatives. Orrick works with a broad range of issuer clients such as state agencies, small and large cities, districts, and joint action agencies, as well as with 9 of the 20 largest public power systems. We also work with the largest electric utility in the country (the Tennessee Valley ...

Pro Bono Appeals

Pro bono is part of our DNA. The founding president of the Brennan Center for Justice began our group, and many of our lawyers devoted their careers to public service before joining us. The result is a practice in which we encourage our lawyers to devote themselves to the causes that matter to them, supported by the resources that a large law firm can provide. Those causes take numerous forms. We work with the National Veterans Legal Services Program to represent deserving veterans who have been deprived of the benefits they earned. We have teamed up with the New York Office of the Appellate ...

Power

Our team members understand the legal aspects of power transactions and are also intimately familiar with the key commercial issues and market positions that drive our clients’ success. We draw from that in-depth understanding to provide our clients with effective and cost-efficient representation. For these reasons, leading industry participants consistently select us for their most important power transactions. Our clients include developers; private equity sponsors; strategic investors; utilities, including consumer-owned utilities; government and multilateral agencies; and lenders. Our ...

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 ...
data_privacy

To Be Or Not To Be: NY High Court Rules that Data Copied to a Server is a Tangible Reproduction under the New York Penal Code

by James McQuade and Toni K. Lambert | May.10.2018

On May 3, 2018, the New York Court of Appeals held that data copied onto a server constitutes a tangible reproduction for purposes of liability under the New York Penal Code, marking the end of Sergey Aleynikov’s nine year battle with federal and state prosecutors.  Trade Secrets Watch has kept you up to date with the seemingly never-ending saga – most recently here, here, and here.As a refresher, Programmer Sergey Aleynikov was accused of copying thousands of lines of code from his former employer, Goldman Sachs Group Inc. in July 2009.  The Second Circuit upheld Aleynikov’s conviction under ...

Patents

We have a formidable record in competitor versus competitor cases. And we’ve prevailed against the most aggressive patent assertion entities. We have a winning record in the toughest arenas, from the Eastern District of Texas and the Northern District of California to the International Trade Commission (ITC). And we’ve handled more than 60 inter partes review proceedings before the Patent and Trademark Office (PTO) Patent Trial and Appeal Board. Our results prompted The American Lawyer to name us "IP Litigation Department of the Year" in 2016. "Time and again, we heard stories…lauding ...

Federal Circuit Law Governs Venues in Patent-Infringement Suits, and Plaintiffs Bear the Burden to Establish Proper Venue

by Scott Lonardo and Johannes Hsu | May.17.2018

Order Granting Mandamus, In re: ZTE (USA) Inc., Fed. Cir. (May 14, 2018) (Judge Richard Linn)In a rare grant of a mandamus petition, the Federal Circuit made two key holdings related to venue in patent cases in the wake of TC Heartland: (1) Federal Circuit law, not regional circuit law, governs patent-litigation venue; and (2) plaintiffs bear the burden to show proper venue. The court called these “basic” and “undecided” issues and found “exceptional circumstances” to grant the petition, vacating the district court’s denial of a motion to dismiss and remanding the case for application of the ...

Public Finance

Ranked by Thomson Reuters in as the No. 1 bond counsel, the No. 1 disclosure counsel in the United States once again for 2017, as well as the No. 6 underwriters counsel, our team averages over 500 bond issues, accounting for more than 13% market share, each year. The Bond Buyer awarded our work with the California Health Facilities Financing Authority as the 2017 National and Healthcare Deal of the Year and our work on behalf of the Bay Area Toll Authority in its $1.9 billion bond sale as Far West Deal of the Year. We are honored by these distinctions, most of all because they reflect the ...

Public Finance Tax

Each year, our public finance tax lawyers structure many billions of dollars of tax-exempt financings and play pivotal roles in financings for governmental entities in 44 U.S. states and in several territories outside the U.S. The great diversity of Orrick’s practice (both geographically and in terms of the breadth of legal specializations we cover), together with our emphasis on sophisticated tax-driven transactions, gives Orrick unmatched strength in analyzing and opining on public finance tax matters and in crafting innovative solutions to tax-related problems. Orrick remains the national ...