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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UK/EU Corporate Governance Update: New Tools and Guidance for the Active Investor

On 12 November 2013, the European Securities and Markets Authority ("ESMA") published a long-awaited statement setting out guidance for investors on shareholder co-operation and "acting in concert" under the European Directive 2004/25/ac on Takeover Bids ("TBD").

Client Alert | January 28, 2014

The Paltry Power Of The Precautionary Principle

Orange County Of Counsel James Sabovich is the author of "The Paltry Power Of The Precautionary Principle" [PDF] published by Law360 on January 27, 2014 at www.law360.com.

Article | January 27, 2014

FTC Announces New Hart-Scott-Rodino Thresholds

The Federal Trade Commission has released its annual adjustments to the Hart-Scott-Rodino Act (HSR) jurisdictional thresholds and the various exemption thresholds in the HSR rules.  All dollar amounts that are subject to annual indexing will increase by nearly 7% over the current adjusted thresholds for transactions closing on or after February 24, 2014.  In addition, the FTC announced revised jurisdictional thresholds under Section 8 of the Clayton Act, which prohibits certain director and management interlocks between competitors.  The new thresholds will be effective until around the same time next year.  The new minimum size-of-transaction filing threshold under HSR will be $75.9 million (increased from the current $70.9 million adjusted threshold).

Client Alert | January 24, 2014

U.S. Supreme Court Places the Burden of Proving Infringement on Patent Holders in Declaratory Judgment Actions

On January 22, 2014, the Supreme Court decided Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S.

Client Alert | January 23, 2014

2013 Year-End Strategic Sourcing and Technology Transactions Update

2013 proved to be another active year in the outsourcing and technology transactions marketplace. We continued to see a steady flow of traditional information technology outsourcing transactions mixed with an ever expanding variety of business process outsourcing transactions.

Client Alert | January 22, 2014

OSHA’s New Emphasis on the Retail Industry

The Occupational Safety and Health Administration ("OSHA") has recently stepped up its enforcement activities in the retail industry. Those in the industry should be mindful of OSHA's new emphasis and its potentially costly consequences.

Client Alert | January 22, 2014

Reassessing the SEC Wells Submission

San Francisco partner Marc Fagel is the author of "Reassessing the SEC Wells Submission" [PDF] published in the January 22, 2014 issue of The Review of Securities & Commodities Regulation.

Client Alert | January 22, 2014

2013 Year-End Securities Litigation Update

2013 proved to be a watershed year for securities litigation, and 2014 is shaping up to be a "career killing" year for plaintiffs' lawyers specializing in 10b-5 class actions.

Client Alert | January 21, 2014

The Key Benefits Of Forming A Joint Venture

New York partner Rashida La Lande is the author of "The Key Benefits Of Forming A Joint Venture" [PDF] published by Law360 on January 21, 2014 at www.law360.com.

Client Alert | January 21, 2014

Top Five M&A Lessons From Delaware Courts in 2013

Dallas partner Rob Little and associate Caitlin Calloway are the authors of "Top Five M&A Lessons From Delaware Courts in 2013" [PDF] published in the January 21, 2014 issue of the Delaware Business Court Insider.

Client Alert | January 21, 2014

China’s AIC: A Familiar Face Now on the Global Anti-Corruption Map

Washington, D.C. of counsel Daniel Chung and New York associate William Han are the authors of "China's AIC: A Familiar Face Now on the Global Anti-Corruption Map" [PDF] published in the January 17, 2014 edition of Bloomberg BNA's Antitrust & Trade Regulation Report.

Article | January 17, 2014

Guidance for Financial Institutions on the Risks and Threats of Virtual Currency

On November 18, 2013, the U.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing on the potential risks of virtual currencies.

Client Alert | January 16, 2014

India Eases Restrictions on Instruments with Put and Call Options as an Exit Mechanism for Foreign Investors

Pursuant to a notification dated November 12, 2013 and a subsequent circular dated January 9, 2014 ("RBI Notification"), the Reserve Bank of India ("RBI") has legalized the use of call options and put options as an exit mechanism for foreign investors.

Client Alert | January 16, 2014

Webcast – Managing Cross-Border Transactions

As M&A activity continues to recover from the depths of the global financial crisis, it is timely that the first webcast in our series entitled "Global Mergers & Acquisitions: Key Developments and Trends" focuses on effective cross-border deal planning and management.

Webcasts | January 16, 2014

Considerations for Public Company Directors in the 2014 Proxy Season and Beyond

Gibson Dunn discusses several key shareholder proposal and corporate governance topics for public companies and their boards to consider in 2014.

Client Alert | January 16, 2014

2013 Year-End Electronic Discovery and Information Law Update

Introduction In contrast with prior years, 2013 was notable for the general absence (with at least one exception) of blockbuster cases involving huge sanctions or imposing new e-discovery obligations.

Client Alert | January 15, 2014

2013 Year-End German Law Update

Gibson Dunn lawyers provide a comprehensive review of German business law during 2013, in areas including corporate, M&A, antitrust, tax, labor and employment, real estate, IP and data protection.

Client Alert | January 15, 2014

U.S. Court of Appeals for the D.C. Circuit Vacates FCC “Net Neutrality” Rules

Today, the United States Court of Appeals for the District of Columbia Circuit issued a decision vacating the FCC's anti-discrimination and anti-blocking requirements for broadband providers.

Client Alert | January 14, 2014

Negotiating Joint-Venture Management Provisions: A Primer

New York partner Rashida La Lande is the author of "Negotiating Joint-Venture Management Provisions: A Primer" [PDF] published by Law360 on January 14, 2014 at www.law360.com.

Client Alert | January 14, 2014

2013 Year-End Securities Enforcement Update

I. Introduction 2013 proved to be a year of major change for SEC enforcement. As detailed in our July mid-year update, Chair Mary Jo White came on board in April 2013, and shortly thereafter named Andrew Ceresney and George Canellos as Co-Directors of the Division of Enforcement.

Client Alert | January 13, 2014