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Pay Equity

Pay equity is at the forefront of regulatory, political, shareholder, employee, and public concern. 2016 brought an unprecedented wave of new and proposed pay equity 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 ...
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EEOC Yanks Its Pay Data Collection Efforts For Future Years

by Erin M. Connell, Jessica R. L. James and Necia Hobbes | September.13.2019

Yesterday, the EEOC announced that it does not intend to renew its request for authorization to collect employers’ pay data on the EEO-1 form in future years. The announcement comes less than three weeks before the September 30th deadline for employers nationwide to submit massive amounts of pay data for 2017 and 2018 (a deadline that is not impacted by the EEOC’s announcement).The rollercoaster saga of the EEOC’s pay data collection (which we previously reported on including here, here, here, here, here, here, and here) began over three-and-a-half years ago when the EEOC announced in January ...

Project Finance

Most recently, our work had included the US$2 billion Maryland Purple Line transit project in the U.S.; the €620 million Marseille bypass toll road in France; the US$1.4 billion Vinh Tan 1, a 1,200MW power plant in Vietnam; and the US$2.4 billion privatization of the Central Terminal Building at LaGuardia Airport - the first U.S. PPP project involving an airport that includes both design and reconstruction. We have been named “Project Finance Group of the Year” four times by Law360 and are regularly recognized by leading industry and legal publications, including Project Finance magazine, ...

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 ...
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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 ...

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 Finance

Ranked by Thomson Reuters as the No. 1 bond counsel, the No. 1 disclosure counsel in the United States once again for 2018, as well as the No. 2 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 fact ...

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.

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 ...

Privacy

Global Compliance Programs and CCPA & GDPR Readiness.  We assist public and emerging companies (e.g., FTSE 100 and Fortune 500) by developing global compliance programs that advance data focused business objectives and growth, while mitigating regulatory and litigation risk.  Clients regularly call on us to provide efficient and business-centric, risk-indexed advice to help them collect and process data related to customers, website visitors, employees and other individuals and use that data to develop new products and services, enhance customer experiences, improve employee performance and ...
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No Consent, No Cookie! CJEU Issues Far-Reaching Decision on Cookie Consent

by Dr. Christian Schröder, Candice O'Brien and Kolvin Stone | October.04.2019

In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that “passive” acceptance of cookies through prechecked boxes, or by posting a banner and assuming consent with continued browsing of the website, is not an acceptable form of consent. According to the CJEU, “consent” requires active behavior in the form of interaction with the banner, or some other affirmative action indicating consent. The court held that website operators must ensure this level of consent prior to placing any ...

Pension Obligation Bond Financing

History That financing and a number of copy-cats that rapidly followed were tax-exempt and primarily driven by then legal arbitrage possibilities. Many of these transactions were structured as lease financings or as installment sales of annuities. Tax-exempt pension obligation bonds largely came to an end with the introduction of tax legislation that became part of the Tax Reform Act of 1986. However, we have continued to work on pension bonds that are tax-exempt because of special transition rules or special (non-arbitrage) situations. A new taxable version of pension obligation bonds ...