JD Supra European Union › Orrick, Herrington & Sutcliffe LLP

• JD Supra European Union

The Trump administration, Congress, the Securities and Exchange Commission (SEC) and Nasdaq have all recently announced initiatives focusing on regulatory reform for non-U.S. companies (also known as foreign private issuers) listing their shares on U.S. exchanges. 

• JD Supra European Union

Il presente documento di approfondimento è il primo di una serie in cui verranno analizzate le implicazioni e i potenziali cambiamenti sotto il profilo legale conseguenti all'uscita del Regno Unito dall'Unione Europea.

• JD Supra European Union

Since the last financial crisis, borrowers and private equity sponsors have cut distressed investors out of most European leveraged loan deals. According to Reorg Debt Explained about 66% of European leveraged loans in 2019 restricted transfers to distressed investors.

• JD Supra European Union

There has been increasing use in Europe by non-bank lenders of warehouse finance in the commercial real estate (CRE) lending market. These private financing structures are used by non-bank CRE lenders such as real estate debt funds or real estate investment trusts (REITs) to lower their cost of funds and boost returns through leverage provided by banks.

• JD Supra European Union

On July 12, 2019, the following new EU directive and regulation on cross-border distribution were published in the Official Journal of the European Union...

• JD Supra European Union

A decade ago, the European Commission conducted a thorough sectoral inquiry into the European pharmaceutical sector that identified antitrust shortcomings impeding access to more affordable and innovative medicines and treatments.

• JD Supra European Union

In a landmark judgment (Case C-724/17, Vantaa vs. Skanska Industrial Solutions and others), the European Court of Justice (ECJ) decided on March 14, 2019 that companies cannot use corporate restructuring to escape their liability for cartel damages.

• JD Supra European Union

The Council of the European Union (EU) has adopted a new regulation “establishing a framework for the screening of foreign direct investments into the Union” (the Regulation). This is the first time the EU is equipping itself with a comprehensive framework to monitor investments into EU businesses by investors from outside the EU.

• JD Supra European Union

Margrethe Vestager, head of the European Union’s Directorate-General for Competition (“DG Comp”), recently announced that the EU was once again investigating actions of a high-profile tech company – Amazon.

• JD Supra European Union

The Fifth Anti-Money Laundering Directive (MLD5) entered into force in July 2018. MLD5 updates the legal framework under the Fourth Anti-Money Laundering Directive (MLD4) and must be implemented by the EU member states by January 2020.

• JD Supra European Union

As is well known by the market players, in December 2013 the European Union imposed definitive anti-dumping and anti-subsidy measures on Chinese photovoltaic products and components (Council Implementing Regulation EU 2013/1238).

• JD Supra European Union

Last year on this Blog we wrote about the uptick in enforcement action by European competition authorities against violations of merger control procedure.

• JD Supra European Union

The 2018 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2018. The majority of respondents predict that market conditions will be as challenging in 2018 as in 2017. Property and construction are expected to provide the best opportunities in 2018 according to 71% of respondents, followed by oil...

• JD Supra European Union

Kolvin Stone, a partner in Orrick’s Cyber, Privacy & Data Innovation practice in London, recently spoke with The Times’ The Brief Premium on how law firms can prepare for the EU’s new General Data Protection Regulation (GDPR), which takes effect on May 25, 2018.

• JD Supra European Union

The 2017 "State of European Tech Report," predicts that Europe is the strongest it has ever been and will see record investments this year. The report, now in its third year, prepared by Atomico in collaboration with Slush and supported by Orrick and Silicon Valley Bank, is the latest evidence of Europe's growing influence in the global tech ecosystem.

• JD Supra European Union

This booklet aims to provide an updated framework of the European NPLs market, presenting the last provisions entered into force, together with some papers of national and European Authorities and some observations of our lawyers. Please see full Publication below for more information.

• JD Supra European Union

From today, 26 June 2017, the Recast EU Insolvency Regulation (Council Regulation (EC) No. 2015/848) comes into force and will apply to all relevant insolvency proceedings (although existing and ongoing proceedings will continue to be bound by the EU Insolvency Regulation (Council Regulation (EC) No. 1346/2000) (the “EIR”)). The Recast EU Insolvency Regulation will have direct effect in all EU...

• JD Supra European Union

Il 17 maggio 2017 la Commissione europea ha pubblicato lo studio "Covered Bonds in the European Union: harmonisation of legal frameworks and market behaviours". Il report comprende una overview del mercato europeo dei Covered Bonds ("CB") e, in particolare, un'analisi costi/benefici delle proposte presentate alla fine del 2016 dalla European Banking Autorithy ("EBA")*

• JD Supra European Union

With an increasingly mature tech ecosystem, Europe has never been more attractive to international venture capital and growth equity investors. European Tech had its best ever fundraising year in 2016 with European companies raising €16.2B in venture capital (https://blog.dealroom.co/wp-content/uploads/2017/01/2016-European-Venture-Capital-Report.pdf) and the good times don’t appear to be coming...

• JD Supra European Union

On 20 December 2016, the European Banking Authority (the "EBA") published the final version of a report entitled "EBA Report on Covered Bonds - Recommendations on Harmonisation of Covered Bond Frameworks in the EU" (the "Report"). The Report builds on previous work and provides additional recommendations on how to further harmonise the national legislative frameworks

• JD Supra European Union

Last June, in RJR Nabisco v. European Union, a deeply divided U.S. Supreme Court resolved a three-way split among the federal courts to define the extraterritorial reach of the Racketeer Influenced and Corrupt Organizations Act. The court held that extraterritorial conduct generally can be prosecuted by the government as a criminal or civil RICO violation to the same extent as the underlying...

• JD Supra European Union

What are some of the key hurdles and obstacles for Chinese investors in Europe? Tips on how to manage them. Chinese outbound foreign direct investment ("ODI") has grown rapidly in Europe. 2016 was no exception, and Chinese enterprises are constantly presented with new opportunities to expand overseas. China's footprint as a global investor expanding at a rapid pace,

• JD Supra European Union

It's a common issue: a US venture capitalist and a European company agree on the commercial terms of an investment transaction and think that the hard work is done but quickly find themselves at an impasse over the way the transaction will be documented. With the increase in cross-border venture capital transactions, particularly US investors taking stakes in European companies, this is an issue...

• JD Supra European Union

The European Court of Justice ("ECJ") has ruled that, in certain circumstances, when a subsidiary company is wound up, its employees will transfer automatically to its holding company. What happened? In 1993, Air Atlantis SA ("AIA"), a Portuguese company operating charter flights, was wound up. Its main shareholder – TAP, the...

• JD Supra European Union

For those focused on the debt restructuring market, the Greek sovereign crisis (covered extensively in our recent updates) has drowned out news of other debt restructuring matters this year. Our Alert below addresses key trends in Europe and the Emerging Markets this year which may have gone unnoticed given the understandable emphasis on Greece.

• JD Supra European Union

On July 16, 2015, the EU's highest court, the Court of Justice, rendered its long-awaited ruling on whether seeking an injunction for a standard-essential patent ("SEP") against an alleged patent infringer constitutes an abuse of a dominant position pursuant to Article 102 TFEU. The judgment was in response to a request for a preliminary ruling from the Landgericht Düsseldorf (Regional

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European Commission Requests 11 Member States to Implement Bank Recovery and Resolution Directive (BRRD) - On May 28, 2015, the European Commission published a press release announcing that it has requested 11 member states (Bulgaria, the Czech Republic, France, Italy, Lithuania, Luxembourg, the Netherlands, Malta, Poland, Romania, and Sweden) to fully implement the BRRD.

• JD Supra European Union

The number of European startups in search of funding and full of ambition to compete on the global stage has never been greater. U.S.-based venture capital funds are in prime position to take advantage of the opportunity of investing in a dynamic market which is less competitive and has lower valuations than the U.S. The key to successful venture capital investing in Europe is to understand the...

• JD Supra European Union

This alert focuses on the European Market Infrastructure Regulation (or "EMIR" as it is better known) which was introduced as the equivalent of the Dodd-Frank Act of 2010, to address a wide range of issues, many of which were said to be linked to the problems identified in the over the counter ("OTC") derivatives market following the collapse of Lehman. However, as we set out...

• JD Supra European Union

Fed Announces Dates of Stress Test Releases - On February 12, the Fed announced that results from the latest supervisory stress tests conducted as part of Dodd-Frank will be released on March 5, and the related results from the Comprehensive Capital Analysis and Review, will be released on March 11. Results for both exercises will be released at 4:30 p.m.