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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Lone Pine Orders Are Still Useful In Fracking Litigation

Washington, D.C. partner Michael Murphy is the author of "Lone Pine Orders Are Still Useful In Fracking Litigation" [PDF] published by Law360 on August 7, 2013 at www.law360.com.

Client Alert | August 7, 2013

First Circuit Issues Troubling ERISA Decision for Private Equity Funds

On July 24, 2013, the First Circuit held in Sun Capital Partners III LP v. New England Teamsters & Trucking Indus. Pension Fund that a private equity fund can be jointly and severally liable in certain circumstances for pension liabilities incurred by its portfolio companies.

Client Alert | August 2, 2013

A Comment on The Limits of Liability in Promoting Safe Geologic Sequestration of CO2

​Washington D.C. partner Raymond Ludwiszewski and attorney Karyn Marsh are the authors of "A Comment on The Limits of Liability in Promoting Safe Geologic Sequestration of CO2" [PDF] published in the August 2013 issue of the Environmental Law Reporter.

Article | August 1, 2013

Ten Lessons from the Chevron Litigation: The Defense Perspective

Los Angeles partner Theodore J. Boutrous Jr. is the author of “Ten Lessons from the Chevron Litigation: The Defense Perspective” [PDF] published in the Spring 2013 issue of the Stanford Journal of Complex Litigation.

Client Alert | August 1, 2013

World War Z: Why Life Sciences Companies May be in the Path of the “New” Securities Enforcement & Litigation Onslaught, & How to Avoid Trouble

San Francisco partners Thad Davis and Michael Li-Ming Wong are the authors of “World War Z: Why Life Sciences Companies May be in the Path of the ‘New’ Securities Enforcement & Litigation Onslaught, & How to Avoid Trouble” published in Expert Guide: Fraud and White Collar Crime in August 2013.

Client Alert | August 1, 2013

Issue Preclusion in Multijurisdictional Shareholder Derivative Litigation

Washington, D.C. partner Mark Perry and associate Geoffrey Weien are authors of “Issue Preclusion in Multijurisdictional Shareholder Derivative Litigation” [PDF] published in the August 2013 issue of Insights.

Article | August 1, 2013

How to use company data efficiently to detect fraud and corruption

Washington, D.C. partners Joseph Warin and Michael Diamant, and associate Oleh Vretsona are the authors of “How to use company data efficiently to detect fraud and corruption” [PDF] published in the August 2013 issue of Financier Worldwide.

Client Alert | August 1, 2013

IRS Announces Six-Month Extension to Implementation of Certain FATCA Provisions

The Hiring Incentives to Restore Employment Act (the "HIRE Act"), enacted in 2010, contained provisions commonly referred to as "FATCA" that are intended to reduce the evasion of U.S.

Client Alert | July 31, 2013

The Schindler Ruling of the Court of Justice of the European Union: Potential Implications for Fundamental Rights and EU Competition Law

I.    BackgroundDefense counsel in European antitrust proceedings have long bemoaned the fact that "fundamental rights" did not effectively find their way into the fabric of the rights of the defence, despite their appearance in the European Convention on Human Rights (the "EHCR").

Client Alert | July 31, 2013

UK Employment Update – Summer 2013

In this update we review recent key developments in UK employment law and look forward to some significant changes that are on the horizon.The Employment Law Review A systematic review of UK employment law by the current Coalition Government began in 2010 and since then a package of reforms aimed at easing the perceived burden of employment regulation on employers (particularly small employers) have been proposed and consulted upon, many over the course of the last year.  Some of the more controversial measures have been dropped following consultation, whereas others have been, and will continue to be, implemented this year through the Enterprise and Regulatory Reform Act 2013 ("ERRA").  The UK Employment Tribunals system has also come under scrutiny.  Whilst origi

Client Alert | July 31, 2013

Current Issues in Director and Officer Indemnification and Insurance

Washington, D.C. partner John Olson, New York partner Jonathan Dickey, Washington, D.C. partner Amy Goodman and Washington, D.C. of counsel Gillian McPhee are authors of “Current Issues in Director and Officer Indemnification and Insurance” [PDF] published in the July 2013 issue of Insights.

Client Alert | July 31, 2013

UK Panel on Takeovers and Mergers Introduces New Rules on Profit Forecasts and Quantified Financial Benefits Statements

On 24 July 2013, the Code Committee of the UK Panel on Takeovers and Mergers (the Code Committee) published its Response Statement (RS 2012/1), following its consultation (PCP 2012/1) on proposals to amend the rules of the City Code on Takeovers and Mergers (the Code), the key changes relating to profit forecasts, quantified financial benefits statements and material changes in information.

Client Alert | July 30, 2013

Supreme Court Round-Up: A Summary of Recent Opinions, Upcoming Arguments, and Other Developments (July 2013)

Now that the Supreme Court has ended its 2012 Term, Gibson Dunn's Supreme Court Round-Up is continuing to track and summarize the issues presented in cases that will be argued in the 2013 Term, as well as other key developments at the Supreme Court.  Gibson Dunn was involved in eight cases in the 2012 Term, and is already involved in five cases in the 2013 Term.

Client Alert | July 25, 2013

M&A Report – Summer 2013

 The Summer 2013 edition of the Gibson Dunn M&A Report contains timely information on several important M&A topics, including: Issues relating to sales of divisions and subsidiaries The renewed focus on the SEC's "unbundling" rulesPointers for golden parachute compensationInsights on important developments in M&A and corporate law in the UK To be directed to the M&A Report, click here:   Gibson Dunn M&A Report - Summer 2013We hope you will find the Report useful.

Client Alert | July 22, 2013

SEC Approves Final Rules to Permit Advertising in Rule 506 and Rule 144A Offerings; Also Proposes Rules to Add Additional Investor Protections

At an Open Commission Meeting on July 10, 2013, the SEC adopted long-awaited final rules to allow advertising of private securities offerings, as required by the Jumpstart Our Business Startups Act (the JOBS Act).

Client Alert | July 22, 2013

Grunderwerbsteuerliche Neuregelung zur Vermeidung von grunderwerbsteueroptimierten Erwerbsstrukturen (RETT-Blocker Strukturen)

Seit dem 7. Juni 2013 sind sog. "RETT-Blocker" Strukturen zur Vermeidung von Grunderwerbsteuer bei dem Erwerb von immobilienhaltenden Kapital- und Personengesellschaften nicht mehr möglich.

Client Alert | July 22, 2013

Germany Adopts Capital Investment Act (KAGB) to Implement the European AIFM Directive

The deadline for the implementation of the European Union Directive 2011/61/EU on Alternative Investment Fund Managers ("AIFMD") into German law expires on July 22, 2013.

Client Alert | July 22, 2013

Federal Reserve to Re-evaluate the Permissibility of Physical Commodities Trading: The Rationale Historically and Today

On July 19, 2013, Barbara Hagenbaugh, a spokeswoman for the Board of Governors of the Federal Reserve System (Federal Reserve) made the surprising announcement that the Federal Reserve "is reviewing the 2003 determination that certain commodity activities are complementary to financial activities and thus permissible for bank holding companies." The statement, upon which the Federal Reserve did not elaborate, seems to call into question the physical commodities trading activities (Physical Commodities Trading) that certain financial holding companies (FHCs), both domestic and foreign, have engaged in for the better part of the last decade.

Client Alert | July 22, 2013

SEC Lifts Ban on General Solicitation, Allowing Private Funds to Advertise

On July 10, 2013, the Commissioners of the U.S. Securities and Exchange Commission ("SEC" or the "Commission") voted 4-1 to adopt a rule that will eliminate the prohibition against general solicitation and general advertising (together, "general solicitation") in private offerings conducted pursuant to Rule 506 of Regulation D under the Securities Act of 1933 (the "Securities Act").

Client Alert | July 17, 2013

Anti-Suit Injunction Within Chancery’s Jurisdiction

New York partner Aric Wu is the author of “Anti-Suit Injunction Within Chancery’s Jurisdiction” [PDF] published in the July 17, 2013 issue of the Delaware Business Court Insider

Article | July 17, 2013