Publications - Gibson Dunn

Publications

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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Revised EU Antitrust Rules on Technology Licensing

The European Commission (the "Commission") has enacted a revised Block Exemption Regulation governing technology transfer agreements.  The revised regime has been enacted following two prior consultation phases in 2011/2012 and in 2013 (the "Consultations") (cf.

Client Alert | April 30, 2014

European Parliament Adopts Broad New Compliance and Sustainability Reporting Requirements

On April 15, 2014, the European Parliament adopted the Directive on Disclosure of Non-Financial and Diversity Information by Certain Large Companies and Groups (the "Directive").

Client Alert | April 29, 2014

White House, European Union Announce Additional Ukraine-Related Sanctions Designations

In the Obama Administration's latest response to the ongoing crisis in Ukraine, the Office of Foreign Assets Control ("OFAC") at the U.S.

Client Alert | April 29, 2014

The Commodities Activities of Banks: Comments on the Federal Reserve’s Advance Notice of Proposed Rulemaking

On April 16, 2014, the public comment period for the Federal Reserve's Advance Notice of Proposed Rulemaking (ANPR) relating to the physical commodities activities of U.S.

Client Alert | April 28, 2014

In re Free Lance-Star Publishing Co. Follows In re Fisker in Limiting Credit Bid in “Loan To Own” Transaction

The recent decision of Judge Kevin R. Huennekens of the United States Bankruptcy Court for the Eastern District of Virginia, Richmond, in In re Free Lance-Star Publishing Co.

Client Alert | April 23, 2014

The SEC Assesses Cybersecurity Preparedness in the Securities Industry in the Wake of the Cybersecurity Roundtable

The Securities and Exchange Commission ("SEC") plans to review the cybersecurity defenses of registered broker-dealers and investment advisers, according to a Risk Alert issued by the SEC's Office of Compliance Inspections and Examinations ("OCIE") on April 15, 2014.  The announcement of this effort comes shortly after the SEC hosted a Cybersecurity Roundtable (the "Roundtable") on March 26, 2014, during which the SEC emphasized the importance of gathering information and determining what additional steps should be taken to address threats posed by cybersecurity.     What Is the Focus of the OCIE Cybersecurity Initiative?The OCIE will conduct examinations of more than 50 registered broker-dealers and registered investment adv

Client Alert | April 23, 2014

Recent Developments Related to Litigation Involving the Education Sector (April 2014)

This is our most recent update of significant developments relating to qui tam, securities, fraud, and other lawsuits and investigations involving schools, especially private-sector schools.

Client Alert | April 22, 2014

China Further Eases Restrictions on Outbound Investments

In an effort to further liberalize the approval regime for outbound investments by Chinese companies, the National Development and Reform Commission ("NDRC"), China's top economic planner, issued the Administrative Measures for Verification and Filing of Outbound Investment Projects (the "New Rules") on April 8, 2014.  The Administrative Rules will take effect on May 8, 2014 and are expected to lead to more M&A activities by Chinese companies outside of China.  Delegation of AuthorityOutbound investments by Chinese companies require government approval.  The approvals are granted by either the central or the local governments, depending primarily on the amount of funds involved in a particular investment.  Under the existing rules, for

Client Alert | April 18, 2014

Update on Recent Court Decisions Relating to the Dissolution of Redevelopment Agencies in California (April 2014)

This is the first in a series of updates we plan to circulate to briefly summarize recent merits rulings issued in the large number of cases currently pending in Sacramento Superior Court challenging the application of AB1x 26("AB 26") and AB 1484 (collectively, the "Dissolution Law").

Client Alert | April 16, 2014

Entire Fairness Revlon Standards When Control Group Is Involved

New York partner Aric Wu and associate Jefferson Bell are the authors of "Entire Fairness Revlon Standards When Control Group Is Involved" [PDF] published by the Delaware Business Court Insider on April 16, 2014.

Client Alert | April 16, 2014

M&A Report – In Chen v. Howard-Anderson, Delaware Court of Chancery Issues Important Guidance Regarding M&A Transactions

On April 8, 2014, Vice Chancellor Laster of the Delaware Court of Chancery issued an opinion addressing the reasonableness of a "market check" as well as required proxy disclosures to stockholders in M&A transactions.

Client Alert | April 14, 2014

The Department of Defense Issues New Regulations Regarding Security Clearances for Companies with Foreign Ownership

On April 9, 2014, the Department of Defense ("DoD") issued an interim final rule creating a new section of the Code of Federal Regulations ("CFR") covering the National Industrial Security Program ("NISP").  These new regulations are solely focused on the Defense Security Service's ("DSS") evaluation of foreign ownership, control, or influence ("FOCI").

Client Alert | April 11, 2014

Litigation Legal Holds and ‘Bring Your Own Device’

New York partner Jennifer Rearden and associate Goutam Jois are the authors of "Litigation Legal Holds and 'Bring Your Own Device'" [PDF] published by Bloomberg BNA's Digital Discovery and e-Evidence on April 10, 2014.

Client Alert | April 10, 2014

From Kick-off to Kick-back: the latest Bribery Act prosecutions

London associate Mark Handley is the author of "From Kick-off to Kick-back: the latest Bribery Act prosecutions" published by The Lawyer on April 9, 2014.

Client Alert | April 9, 2014

M&A Report – Delaware Decision Highlights Practical Difficulties in Seeking Indemnification for Third Party Claims in M&A Agreements

On March 27, 2014, Vice Chancellor Parsons of the Delaware Court of Chancery issued an opinion that provides valuable guidance for M&A practitioners drafting or complying with contractual provisions governing indemnification for third party claims.  In I/MX Information Management Solutions, Inc.

Client Alert | April 8, 2014

6th Circ.’s Impact On EPA Review Of Source Modifications

Washington, D.C. associates Stacie Fletcher and David Fotouhi are the authors of "6th Circ.'s Impact On EPA Review Of Source Modifications" [PDF] published by Law360 on April 8, 2014 at www.law360.com.

Client Alert | April 8, 2014

Webcast – Shareholder Activism – The New Dialogue

​The rapidly changing landscape in UK and the rest of Europe & Lessons Learned from the US "There has never been a better time than today for activist investing"

Webcasts | April 8, 2014

Pressure Mounts to Disclose Fracking Chemicals

Washington, D.C. partner Michael Murphy and senior associate Claudia Barrett are the authors of "Pressure Mounts to Disclose Fracking Chemicals" published by the National Law Journal on April 7, 2014. 

Client Alert | April 7, 2014

Webcast – Whistleblower Protections Extended in Lawson v. FMR LLC – What Should Employers Expect Next?

​Join leading lawyers from Gibson Dunn and the plaintiffs' bar for a thorough examination of the Supreme Court's recent decision interpreting the "whistleblower" protection provision of the Sarbanes-Oxley Act of 2002 ("SOX").

Webcasts | April 3, 2014

Webcast – Using Chapter 11 to Forge Consensual Resolutions in Cross-Border Restructurings

What do a German-based manufacturer, a Bahrain-based investment bank operating in accordance with Shari'ah law, and a chemical company based in The Netherlands have in common?

Webcasts | April 2, 2014