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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United States Sentencing Commission Adopts Greater Penalties for Fraud Offenses and Fixes Anomaly in Sentences for Tax Crimes

On April 10, 2013, the United States Sentencing Commission promulgated its annual amendments to the federal sentencing guidelines.  Reacting to congressional directives, the Commission voted to increase penalties for (1) theft and fraud involving pre-retail medical products, (2) trafficking in counterfeit drugs and military equipment, and (3) foreign dissemination of stolen trade secrets.  The Commission also made an important change that will reduce sentences for tax offenses.  A current rule in several federal circuits frequently causes "tax loss" to be overstated for sentencing purposes because it directs courts to look solely at the amount of undeclared income to determine the tax impact of an offense.  The amendment will require courts also

Client Alert | April 23, 2013

Recent Developments Related to Litigation Involving the Education Sector (April 2013)

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

Client Alert | April 23, 2013

Expanded Authority, Increasing Numbers and Record Fines: The Changing Landscape of the CFTC’s Enforcement Actions

A discussion of the Commodity Futures Trading Commission's (CFTC) new rulemakings in 2013 and how Title VII has increased the CFTC's power to create and police the derivatives markets.

Client Alert | April 22, 2013

New Agency Guidance on Resolution Plans of U.S. and Foreign Banking Organizations: Moving to the Hard Questions

On April 15, 2013, the Board of Governors of the Federal Reserve System (Federal Reserve) and the Federal Deposit Insurance Corporation (FDIC) issued additional guidance (Guidance) with respect to the 2013 resolution plan submissions of the U.S.

Client Alert | April 22, 2013

Offsets Survive Challenge as Cap-and-Trade Moves Forward

Los Angeles partner Patrick Dennis, and associates Krista Hernandez and Sheldon Evans are the authors of "Offsets Survive Challenge as Cap-and-Trade Moves Forward" [PDF] published in the April 22, 2013 issue of the Daily Journal.

Client Alert | April 22, 2013

U.S. Supreme Court Holds That Presumption Against Extraterritoriality Applies to the Alien Tort Statute

On April 17, 2013, the Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., __ U.S. __ (2013), addressing the scope of the Alien Tort Statute, 28 U.S.C.

Client Alert | April 18, 2013

How Would Delaware Courts Treat Fiduciary-Out Provisions?

Dallas partner Robert Little and associate Caitlin Peterson are the authors of “How Would Delaware Courts Treat Fiduciary-Out Provisions?” [PDF] published in the April 17, 2013 issue of the Delaware Business Court Insider.

Client Alert | April 17, 2013

Cyber-security and Data Privacy Outlook and Review: 2013

As we have seen in 2012 and now in 2013, the attention paid to cyber-security has reached new heights--hacking, data privacy, and cyber-espionage have continued their prominence in daily headlines, but cyber-security took on unprecedented importance when President Obama focused on it in his State of the Union address.  Announcing a new executive order to increase sharing of critical cyber information and calling for legislative action to protect our networks and data, President Obama explained:America must also face the rapidly growing threat from cyber-attacks.

Client Alert | April 16, 2013

SEC Issues Guidance on Use of Social Media to Disseminate Corporate Information

On April 2, 2013, the Securities and Exchange Commission (the "SEC") issued a report of investigation pursuant to Section 21(a) of the Securities Exchange Act of 1934 providing guidance to public companies on the application of Regulation FD to corporate disclosures made through social media (the "Report").

Client Alert | April 15, 2013

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

As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments.Spearheaded by former Solicitor General Theodore B.

Client Alert | April 15, 2013

The High Growth Segment: A New Route to the UK’s Equity Capital Markets

This alert provides a comparison of the options now available for an issuer seeking to access the UK's equity capital markets, with a focus on the new "High Growth Segment" of the London Stock Exchange's Main Market.

Client Alert | April 12, 2013

FSOC Designation: Consequences for Nonbank SIFIS

Treasury officials have recently suggested that the Financial Stability Oversight Council (FSOC) may soon designate the first round of systemically significant nonbank financial companies (Nonbank SIFIs).

Client Alert | April 11, 2013

House Committees Release Oversight Agendas for 113th Congress

Throughout the first few months of 2013, each standing committee in the House of Representatives drafted and distributed its oversight agenda for the next two years.

Client Alert | April 2, 2013

European Commission Reissues Its Guidance on Handling IT Data in Dawn Raids

On 18 March 2013, the European Commission issued an updated explanatory note on its procedures during unannounced inspections, commonly referred to as "dawn raids".

Client Alert | April 2, 2013

Inside EPA’s Plan For Startups, Shutdowns And Malfunctions

Washington, D.C. associate Stacie Fletcher is the author of “Inside EPA's Plan For Startups, Shutdowns And Malfunctions” [PDF] published by Law360 at www.law360.com on April 2, 2013.

Client Alert | April 2, 2013

Scope of Employment

Los Angeles partner Marcellus McRae, and associates Katherine Smith and Antonio Raimundo are the authors of "Scope of Employment" [PDF] published in the April 2013 issue of Los Angeles Lawyer magazine.

Client Alert | April 1, 2013

For Skilled Nursing and Nursing Facilities, Compliance Counts

San Francisco of counsel Winston Chan and associate Vanessa Pastora are the authors of “For Skilled Nursing and Nursing Facilities, Compliance Counts” [PDF] published in the April 2013 issue of Compliance Today.

Client Alert | April 1, 2013

The Devil’s in the Disclosures: Compliance After Panther Partners

Partners Jonathan Dickey and Michael Li-Ming Wong, and associate Nicola McMillan are the authors of “The Devil’s in the Disclosures: Compliance After Panther Partners” [PDF] published in the April 2013 issue of Insights.

Client Alert | April 1, 2013

Letting Iran Off the Hook

London partner Patrick Doris and associate Mark Handley are the authors of “Letting Iran Off the Hook” [PDF] published by The Lawyer on April 1, 2013.

Client Alert | April 1, 2013