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Troubled Transactions

This increase corresponds directly to the increase in the variety and complexity of the types of bonds issued, as well as the financing structures used and the sources of repayment and security for the bonds. Other contributing factors include the increasing complexity of tax and other laws pursuant to which bonds are issued, the requirements for disclosure of information, the duties of issuers, trustees, underwriters and other participants after, as well as before, issuance of the bonds, and the greatly increased enforcement attention to the municipal bond sector from the IRS and the SEC. As ...

Orrick Ranked a Top 10 Bankruptcy and Restructuring Firm by The Deal

November.12.2016

  The Deal’s latest Q3 2016 bankruptcy and out-of-court restructuring league tables again rank Orrick as a top bankruptcy and restructuring law firm. In the Out-of-Court Restructuring League Tables, Orrick earned a #6 ranking for creditor’s counsel in out-of-court restructurings. Additionally, the firm ranked #7 by billings in The Deal’s Bankruptcy League Tables for

Water and Wastewater

Since 1985, members of our Water and Wastewater Financing Group have participated in over 800 tax-exempt financings aggregating nearly $80 billion dollars. We participate in financings for a broad range of purposes such as:   Storage facilities Treatment and pre-treatment facilities Collection and distribution facilities Desalination facilities System expansion and maintenance Rate relief and debt service savings    We particularly enjoy working with clients on long term capital programs and cutting edge financing structures and the development of new credits. ...

Welfare Plans

We have witnessed the enactment of the preexisting condition, nondiscrimination, and the privacy rules under HIPAA, to name just a few. Additionally, employers and their plans have become subject to the Newborns' and Mothers' Health Protection Act, the Mental Health Parity Act, and the Women's Health and Cancer Rights Act. Other laws that have applied to employer welfare plans for some time, such as the continuation coverage rules of COBRA and the rules applying to cafeteria and flex plans, have undergone dramatic changes in just the last year or two. As if this were not enough, employers ...

Transportation Finance

Orrick's Transportation Finance Group lawyers are based in California, Seattle and New York and are fully experienced in financing all types of transportation facilities owned by state and local government entities. Multi-purpose financings involving transportation issues have been successfully completed for a wide variety of issuers, such as:

  • California Transportation Commission
  • Massachusetts Port Authority
  • Metropolitan Transportation Authority (MTA)
  • Port Authority of New York and New Jersey
  • Port of Oakland
  • Port of San Diego

Revenue Bond Financing

Our Revenue Bond Financing Group focuses on enterprise revenue bonds, that is, bonds payable from the revenues of an enterprise conducted by the public entity that issues the bonds. Some of the these issues overlap practice areas and, when advantageous, we bring in expertise from other Orrick practice groups, including the Public Power Finance Group, the Water and Wastewater Finance Group, the Transportation Finance Group, the Industrial Development, Pollution Control and Solid Waste Financing Group, and the Health Care Finance Group. These issues might be handled by attorneys in several ...

School Finance

Our School Financing Group played a significant role in developing financing substitutes, including lease certificates of participation (COP) financing, asset transfer lease/leasebacks, Mello-Roos financing, and Education Code 39308.5 financing (using pre-Proposition 13 tax overrides for new school facilities). Innovative School Financing Solutions When Proposition 46, adopted in June 1986, restored school districts’ authority to use general obligation bonds, Orrick responded by drafting and implementing legislation and conducting seminars outlining the new procedures by which school ...

Short-Term Financing

Since 1985, we have served as bond or other counsel on more than 3,000 issues totaling in excess of $200 billion. These issues have ranged from $600,000 for the City of Corning (CA) sewer revenue bond anticipation notes to $10.0 billion for the State of California 2010 revenue anticipation notes. Orrick generally ranks number one in the country in the volume of short-term financings it handles as bond counsel. In addition to representing states, cities, counties, school districts, community college districts, transit and other special districts, we have also served as bond counsel on and ...

Swaps and Other Hedges

Derivative products have been developed in response to specific needs of issuers and bond purchasers.  Governing law or the issuer's objectives may not permit bonds to be issued in a form that would command the best price in the market.  Underwriters or other market participants, either in connection with the initial issuance of the bonds or in totally unrelated secondary market transactions, using custodial receipts, grantor trusts, swaps, puts or other devices, make a different instrument or instruments ("synthetic securities") out of the original bonds that they can market at an aggregate ...

Tax Advocacy

The Tax Advocacy Group has successfully represented taxpayers in various fora, including the U.S. Tax Court, various trial and appellate courts, the U.S. Supreme Court, the Internal Revenue Service, and state tax authorities. The group litigates on behalf of clients in state and federal courts, and advocates for taxpayers seeking determinations from the Internal Revenue Service and other tax authorities. These proceedings have involved nearly all types of U.S. federal, state and local taxes, as well as foreign income tax and VAT. Our clients include domestic and foreign corporations, public ...

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 ...

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 ...

Unfair Import Proceedings & Trade Agreements

These cases have involved myriad administrative proceedings before federal agencies, NAFTA panel appeals, World Trade Organization (WTO) dispute proceedings, judicial proceedings, London Court of International Arbitration (LCIA) arbitrations and international settlement agreements.

As a closely related matter, we have pursued major arbitrations at the WTO and provided counsel on the negotiation of leading international trade agreements.