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Gibson Dunn's Supreme Court Round-Up summarizes all of the Court's decisions from the 2013 Term, the questions presented in cases that will be heard by the Court next Term, and other key developments on the Court's docket.
Client Alert | July 15, 2014
This is the second update we have provided to summarize the recent merits rulings issued in the large number of cases currently making their way through Sacramento Superior Court challenging the application of AB1x 26 ("AB 26") and AB 1484 (collectively, the "Dissolution Law").
Client Alert | July 15, 2014
The following article written by Gibson Dunn partner Jose W.
Client Alert | July 15, 2014
New York partner James Hallowell and associate Jefferson Bell are the authors of “Forum Selection Bylaws: One Year After Boilermakers” [PDF] published in the July 15, 2014 issue of the Delaware Business Court Insider.
Client Alert | July 15, 2014
Brussels of counsel Lena Sandberg and associate Lyndy Davies are the authors of "The creeping scope of State aid in relation to energy taxes and charges" [PDF] published in the July 2014 issue of the European Energy Journal.
Client Alert | July 15, 2014
New York partner Andrea Neuman and associates Jason Stavers and Rachel Brook are the authors of “Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp.
Client Alert | July 14, 2014
Our mid-year report one year ago presented an exciting opportunity to discuss a time of great change at the SEC. A new Chair and a new Director of Enforcement had recently assumed the reins and begun making bold policy pronouncements.
Client Alert | July 14, 2014
Cartel enforcement remains strong. As in recent years, enforcement authorities continue to open new investigations, cooperate with one another when investigating multinational cartels, and impose high monetary penalties.
Client Alert | July 10, 2014
I. INTRODUCTION It has been an explosive past six months in matters under the federal False Claims Act ("FCA"), 31 U.S.C. § 3729 et seq., which prohibits the knowing submission of false claims for payment to the government or false statements material to false claims.
Client Alert | July 9, 2014
As the debate continues over whether and how to punish companies for unlawful conduct, U.S.
Client Alert | July 8, 2014
San Francisco associate Joshua Lipshutz is the author of “The Legal Road Map to Better Public Schools” [PDF] that was published in the Wall Street Journal on July 8, 2014.
Client Alert | July 8, 2014
Aggressive cross-border anti-corruption enforcement continued during the first half of 2014, as U.S. and foreign prosecutors pursued companies, individuals, and public officials across the globe for all manner of corruption-related offences.
Client Alert | July 7, 2014
On June 25, 2014, the U.S. Supreme Court unanimously held in Riley v. California, 13–132, that the Fourth Amendment generally requires law enforcement to obtain a warrant prior to reviewing digital information that is stored on a cellphone seized incident to arrest. Riley represents the first time that the Supreme Court has examined Fourth Amendment protections in the context of "digital" searches.The Two Cases BelowIn the first of the two cases below, defendant/petitioner David Leon Riley was pulled over by California police for driving with expired registration tags.
Client Alert | July 3, 2014
On June 5, 2014, the Court of Justice of the European Union (respectively, the "EU" and the "CJEU") issued a Ruling in relation to so-called "umbrella pricing" cartel damage actions. These claims refer to damages allegedly suffered due to the surcharge applied by non-cartelists who, independently and rationally, adapted to a price increase resulting from a cartel by increasing their own prices. Pursuant to the Ruling of the CJEU in Case C-557/12 Kone ("Kone"), the Treaty on the Functioning of the European Union ("TFEU") preempts the EU Member States from having in place domestic regulations which "categorically exclude" umbrella pricing claims deriving from breaches of EU Competition law. I. Backgroun
Client Alert | July 2, 2014
Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of "Fracking Fights Are Increasingly Becoming Local" [PDF] published by Law360 on July 2, 2014 at www.law360.com.
Client Alert | July 2, 2014
Washington, D.C. partner F. Joseph Warin, of counsel Daniel Chung and associate Melissa Farrar are the authors of “Renewing the Call for Compliance Defence to the Foreign Corrupt Practices Act” [PDF] published in the July-September issue of Corporate Disputes magazine.
Client Alert | July 1, 2014
Los Angeles partners Kevin Rosen and Christopher Chorba and associate Peter Bach-y-Rita are the authors of “Finishing Some ‘Unfinished Business’ – California And New York Courts Reject ‘Unfinished Business’ Claims Involving Dissolved Law Firms”
Article | July 1, 2014
On June 30, 2014, the staff of the Securities and Exchange Commission's (the "Commission") Division of Investment Management and Division of Corporation Finance (the "Staff") issued much-anticipated guidance regarding proxy advisory firms, in the form of 13 Questions and Answers. Published in Staff Legal Bulletin No. 20 ("SLB 20"), available at http://www.sec.gov/interps/legal/cfslb20.htm, the Staff's guidance addresses both (1) investment advisers' responsibilities in voting client proxies and retaining proxy advisory firms (Questions 1-5), and (2) the availability and requirements of two exemptions to the proxy rules often relied upon by proxy advisory firms (Questions 6-13).SLB 20 includes an acknowledgement that investment advisers and proxy adv
Client Alert | July 1, 2014
New York partner Lee Dunst is the author of "City of Pontiac v. UBS AG: The Continued Limitation of the Extraterritorial Application of US Securities Laws" [PDF] published by the Wall Street Lawyer in July 2014 in Volume 18, Issue 7.
Client Alert | July 1, 2014
On June 25, 2014, the Supreme Court of the United States ruled in American Broadcasting Cos. v. Aereo, Inc., 13-461 (U.S. June 25, 2014), that the video streaming service offered by Aereo, Inc.
Client Alert | June 25, 2014