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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We are pleased to share with you our mid-year update on significant developments in securities litigation. Filing and settlement trends continue to show a steady state of new cases and increasingly more expensive settlements.
Client Alert | July 16, 2013
This is the latest update of significant developments relating to qui tam, securities, and other lawsuits and investigations involving schools, especially private-sector schools.
Client Alert | July 16, 2013
Washington, D.C. associate Eric Broxmeyer is the author of “High Stakes – My Journey Representing a West African Asylum Seeker” [PDF] published by the Capital Area Immigrants’ Rights Coalition on July 16, 2013.
Client Alert | July 16, 2013
More than four years after the financial crisis, exposure to investigations and lawsuits remains real for individuals serving as directors and officers of public companies. Fortunately, the general rule still holds true that directors and officers rarely contribute to settlements and judgments out of their personal assets. However, the last four years have brought a steady wave of litigation and an increased enforcement focus from regulators. In addition to ongoing litigation stemming from the financial crisis, public companies have faced an uptick in shareholder litigation involving M&A transactions, claims brought in foreign jurisdictions, lawsuits challenging their executive compensation practices and proxy disclosures, and record levels of enforcement activity und
Client Alert | July 15, 2013
I. Overview of the First Half of 2013The first six months of 2013 represented a time of transition for the SEC's enforcement program, with a new Chairman and new Co-Directors for the Division of Enforcement at the helm. It is too soon to predict exactly how they may reshape the program – in contrast with this period four years ago, when Chairman Mary Schapiro and Enforcement Director Robert Khuzami assumed their positions in the wake of Madoff and the financial crisis and with a mandate for major reform, the new team is moving more incrementally. However, there can be little doubt that, when it comes to enforcement, the new leadership will be striking an aggressive tone. For the first time in the Commission's history, the Chairman and the Enforcem
Client Alert | July 15, 2013
Washington, D.C. of counsel Charles Haake and associate Justin Torres is the author of “Drawing the Line: Preemption of State Enviro Regulation” [PDF] published by Law360 on July 15, 2013 at www.law360.com.
Article | July 15, 2013
On June 26, 2013, the Supreme Court ruled section 3 of the Defense of Marriage Act unconstitutional in United States v. Windsor. This has a number of important implications for employee benefit plans that cover participants who have same-sex spouses.
Client Alert | July 12, 2013
The first half of 2013 has seen a marked drop in announcements of plea agreements and fines imposed by the Antitrust Division of the U.S. Department of Justice ("DOJ").
Client Alert | July 11, 2013
On June 26, 2013, the U.S. Supreme Court issued an historic decision in Hollingsworth v.
Client Alert | July 11, 2013
San Francisco partner Marc Fagel and New York associate Kenneth Burke are the authors of “Seven Recommendations to Assist Private Fund Managers in Navigating Heightened SEC Examination and Enforcement Activity” [PDF] published in The Hedge Fund Law Report on July 11, 2013.
Client Alert | July 11, 2013
$5 Billion! That's the approximate amount recovered by the federal government from settlements and judgments in cases filed under the federal False Claims Act, 31 U.S.C.
Client Alert | July 10, 2013
Shareholder proposals continued to attract significant attention during the 2013 proxy season. This client alert provides an overview of shareholder proposals submitted to public companies during the 2013 proxy season, including statistics, notable decisions from the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") on no-action requests and other Staff guidance, majority votes on shareholder proposals and litigation seeking to exclude shareholder proposals.
Client Alert | July 9, 2013
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") (collectively, "agreements") continue to be a consistent vehicle for prosecutors and companies alike in resolving allegations of corporate wrongdoing. In the two decades since their emergence as an alternative to the extremes of indictment and outright declination, DPAs and NPAs have risen in prominence, frequency, and scope. Such agreements are now a mainstay of the U.S.
Client Alert | July 9, 2013
Effective June 30, 2013, the German Administrative Offences Act ("OWiG") was considerably sharpened. Its changes were part of the most recent Amendment of the German Act against Restraints of Competition (on the anti-trust aspects see our Alert, "8th Amendment of the Act Against Restraints of Competition in Germany". The changes substantially increase the scope of liability of corporations for typical compliance violations that have been committed by the corporation's employees (e.g.
Client Alert | July 9, 2013
On July 2, 2013, the Board of Governors of the Federal Reserve System (Federal Reserve) unanimously approved its final rule implementing Basel III (Final Rule) and thus established the post-Financial Crisis capital framework for institutions under its jurisdiction.
Client Alert | July 9, 2013
New York of counsel Avi Weitzman and associate Seema Gupta are the authors of "The Statute of Limitations Governing SEC Actions Against Foreign Defendants" [PDF] published in the July 2013 issue of ALM's Law Journal Newsletters: Business Crimes Bulletin.
Article | July 9, 2013
On June 27, 2013, the United States Court of Appeals for the Second Circuit issued an opinion addressing the "unsettled question" of whether the tolling principles of American Pipe & Construction Co.
Client Alert | July 8, 2013
Significant FCPA developments continued apace during the first six months of 2013. After a relative downtick in 2012, the first half of 2013 saw criminal enforcement of the statute return to the robust levels of recent years. With approximately 60 devoted prosecutors and enforcement attorneys, whose efforts are frequently supplemented by their colleagues in the U.S.
Client Alert | July 8, 2013
Now that the Supreme Court has ended its 2012 Term, Gibson Dunn's Supreme Court Business Round-Up provides a look at the Court's business-related decisions from this past Term. The 2012 Term was an important one for business at the Supreme Court. The Court heard thirty-three business-related cases, and issued major decisions in a wide variety of areas--including class actions, arbitration, transnational torts, intellectual property, employment, and the Takings Clause. Gibson Dunn was involved in some of this Term's highest profile business cases, including Comcast Corp.
Client Alert | July 1, 2013
Washington, D.C. partner David Debold and New York partner Matthew Benjamin are the authors of "2013 Guidelines Amendments: A Mixed Bag for White-Collar Defendants" [PDF] published in the July 2013 issue of ALM's Law Journal Newsletters: Business Crimes Bulletin.
Client Alert | July 1, 2013