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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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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 ...

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 ...

Public Policy

We are the group that CEOs and GCs call when they need to pass legislation in their 10 most important states or respond to a multistate AG investigation that could land them on the front page of The Wall Street Journal. Need more proof? Just ask Financial Times, which singled us out in its 2014 North America Innovative Lawyers report for our novel "litigation avoidance strategy that helps clients solve company matters in the state legislature rather than the courtroom." Or ask DraftKings, FanDuel and Zenefits – all of which have turned to us when faced with existential threats from state AGs, ...

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 ...

The New Madison Approach Goes to Court

by James Tierney and Emily Luken | January.24.2019

On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District of California to obtain a license consistent with Interdigital’s voluntary commitment to license its 2G, 3G and 4G

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 ...

Bottled Booze in the Boarding Area – IRS Ruling Permits Use of Floating Equity in Airport Exempt Facility Private Activity Bond Financing

by Edwin Oswald, John Stanley, Larry Sobel, Charles C. Cardall and Scott Schickli | December.12.2018

In a recently released private letter ruling (Private Letter Ruling 201847001, or the “Ruling”), the IRS approved the use of a “floating equity” allocation method for exempt facility bonds issued to finance renovations to an airport terminal that included certain terminal shops – liquor stores – not permitted to be financed with proceeds of such bonds. Orrick was involved in obtaining the Ruling on behalf of one of its airport clients.

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 ...
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Roller Coaster Start to the New Year for Biometrics: Rosenbach v. Six Flags and Emerging Biometric Laws

by Aravind Swaminathan, David T. Cohen and Nicholas Farnsworth | February.14.2019

A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding that an individual who is the subject of a violation of Illinois’ Biometric Information Privacy Act—but who suffered no separate harm from the violation—is an “aggrieved party” with a cause of action under the statute. Rosenbach v. Six Flags Entertainment Corp., No. 123186 (Ill. Jan. 25, 2019). This decision will only further embolden plaintiffs’ lawyers to bring biometric privacy suits, and the risk to companies collecting biometric information will likely ...