Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.
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This alert provides an overview of shareholder proposals submitted to public companies during the 2014 proxy season, including statistics, notable decisions from the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") on no-action requests and information about litigation regarding shareholder proposals.
Client Alert | June 25, 2014
Munich partner Philip Martinius is author of “The Revival of Delisting” [PDF] published in the Business Law Magazine. The article deals with practical issues after German Federal Court of Justice dropped cumbersome restrictions.
Client Alert | June 24, 2014
On June 23, 2014, the U.S. Supreme Court ruled in Utility Air Regulatory Grp. v. EPA, that the United States Environmental Protection Agency ("EPA") exceeded its statutory authority under the Clean Air Act when it determined that stationary source emissions of greenhouse gases ("GHGs") would trigger permitting obligations under the Prevention of Significant Deterioration ("PSD") program and Title V of the Act.
Client Alert | June 24, 2014
Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of "Legal risks of fracking bans are real" [PDF] published on June 24, 2014 by the Los Angeles Daily Journal.
Client Alert | June 24, 2014
On June 23, 2014, the Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) (Halliburton II).
Client Alert | June 23, 2014
On June 19, 2014, the United States Supreme Court decided a closely watched case addressing the patent-eligibility under 35 U.S.C.
Client Alert | June 20, 2014
Palo Alto partner Lisa Fontenot and San Francisco associate Daniel Mandel are the authors of "Beyond Six Sigma – Six Key Items to Address Before an Exit is Above the Horizon." [PDF]
Article | June 16, 2014
San Francisco partner Marc Fagel is the author of "A new (old) enforcement tool for the SEC" [PDF] published in the June 5, 2014 issue of the Daily Journal.
Client Alert | June 16, 2014
On June 10, 2014, Los Angeles County Superior Court Judge Rolf M. Treu issued an historic decision in Vergara v.
Client Alert | June 13, 2014
New York partner Brian Gingold and Dallas associate Chris Babcock are the authors of "Del. v. N.Y. Law in Determining Liability Under Acquisition Agreements" [PDF] published on June 11, 2014 by the Delaware Business Court Insider.
Client Alert | June 11, 2014
On June 9, 2014, the Supreme Court issued its opinion in Executive Benefits Insurance Agency v. Arkison, No. 12-1200, 573 U.S. __, (June 9, 2014).In a 9-0 decision, the Supreme Court removed concerns that proceedings before a bankruptcy court may be later rendered a nullity. Specifically, the Court affirmed the Ninth Circuit's conclusion that claims that are statutorily defined as "core" bankruptcy claims by 28 U.S.C.
Client Alert | June 10, 2014
On June 2, 2014, the Supreme Court of the United States unanimously struck down the Federal Circuit's test for patent claim indefiniteness, holding that the lower court's "insolubly ambiguous" standard tolerated too much ambiguity in patent claims. Nautilus, Inc.
Client Alert | June 6, 2014
Gibson Dunn associate Eric Lorber and Peter D.
Client Alert | June 6, 2014
On June 4, 2014, the United States Court of Appeals for the Second Circuit issued an important decision in United States Securities and Exchange Commission v.
Client Alert | June 5, 2014
Palo Alto partner Paul Collins is the author of "A Second Look at the Decision in Chen v. Howard-Anderson" [PDF] published by the Delaware Business Court Insider on June 4, 2014.
Client Alert | June 4, 2014
On June 2, 2014, the United States Environmental Protection Agency ("EPA") issued its long-awaited proposed rule to limit carbon dioxide emissions from existing electric utility generating units ("EGU").
Client Alert | June 4, 2014
An Energy Bar Association program hosted by Gibson Dunn In an article to be published in the next issue of the Energy Law Journal, Bill Scherman, partner at Gibson Dunn & Crutcher and former General Counsel of the Federal Energy Regulatory Commission, along with co-authors Jason Fleischer and Brandon Johnson, explains that the current FERC Enforcement process raises "serious fundamental due process and substantive concerns." The article provides a glimpse behind the non-public curtain of the FERC enforcement process and related substantive considerations.
Webcasts | June 3, 2014
On June 2, 2014, the Supreme Court of the United States held that induced infringement requires a direct infringer--i.e., a single entity who performs every step of a patented method-- reversing an en banc decision of the Federal Circuit. Writing for a unanimous Court, Justice Alito explained that there can be no induced infringement under 35 U.S.C.
Client Alert | June 3, 2014
New York partner Andrew Fabens and San Francisco associate Sean Sullivan are the authors of "Practical Strategies for Effective Management of Earnings Calls" [PDF] published in the June 2014 issue of Insights.
Article | June 2, 2014
Brussels partner Peter Alexiadis is the author of “Net neutrality in Europe: reconciling the irreconcilable” [PDF] published in the June 2014 issue of Financier Worldwide.
Client Alert | June 1, 2014