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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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

Case Assessment and Evaluation

Los Angeles partners Marcellus McRae and Kahn Scolnick are the authors of “Case Assessment and Evaluation” [PDF] that ran in the April 2013 issue of Practical Law The Journal.

Client Alert | April 1, 2013

Clarification of COMESA Merger Control Procedures Anticipated, Following First Notification to African Regional Competition Authority

On 13 March 2013, it was announced that Philips Electronics and Funai Electric have lodged the first application for merger control review with the supra-national COMESA Competition Commission (CCC), since the vesting of merger review powers in that body in January this year.  Practitioners hope that this review, which in many ways can be seen as a test case, will help clarify several key aspects of COMESA's newly introduced merger control practices and procedures.The COMESA Competition Commission COMESA is the Common Market for Eastern and Southern Africa.  It was formed in 1994 with a view to promoting economic development, as well as peace and security in the region.  Currently it comprises 19 member states.

Client Alert | March 29, 2013

Supreme Court Round-Up: A Summary of Upcoming Arguments and Other Developments (March 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 | March 29, 2013

2013 Antitrust Merger Enforcement Update and Outlook

Our 2012 Antitrust Merger Enforcement Update and Outlook reported on a number of emerging trends and initiatives by antitrust enforcers around the world.

Client Alert | March 21, 2013

Bank Corporate Governance and the New Supervisory Framework

Having transformed U.S. bank regulation, Dodd-Frank implementation is now reshaping bank corporate governance. Recent rulemakings and proposals by the Board of Governors of the Federal Reserve System (Federal Reserve) point to a far more prescriptive approach to corporate governance for significant bank holding companies and significant foreign banking organizations with U.S.

Client Alert | March 21, 2013

U.S. Supreme Court Prevents Class Action Plaintiffs from Evading Federal Jurisdiction under CAFA

On March 19, 2013, the U.S. Supreme Court unanimously held that a putative class representative may not evade federal jurisdiction under the Class Action Fairness Act of 2005 ("CAFA") by attempting to stipulate that the class will not seek to recover more than $5 million.  In an opinion authored by Justice Breyer in Standard Fire Insurance Co.

Client Alert | March 20, 2013

Disclosing Pending FCPA Investigations

Washington, D.C. partner F. Joseph Warin and associate Maura Logan are the authors of “Disclosing Pending FCPA Investigations” [PDF] published in the March 20, 2013 issue of The Review of Securities & Commoditites Regulation.

Client Alert | March 20, 2013

Delaware Court of Chancery Rejects Settlement of M&A Litigation Based on Immateriality of Additional Disclosures and Inadequacy of Named Plaintiffs

On February 28, 2013, Chancellor Leo E. Strine, Jr. of the Delaware Chancery Court issued a rare bench ruling rejecting a disclosure-only, negotiated settlement of an M&A stockholder lawsuit.

Client Alert | March 18, 2013

Plaintiffs Lawyers Target Delaware Corporations on ‘Say-on-Pay’ Disclosures

Palo Alto and New York partner Jonathan Dickey is the author of “Plaintiffs Lawyers Target Delaware Corporations on ‘Say-on-Pay’ Disclosures” [PDF] published in the March 18, 2013 issue of the Delaware Business Court Insider.

Client Alert | March 18, 2013

Shareholder Activism in the UK: An Introduction

This alert provides a summary of certain principles of English law and UK and European regulation applicable to UK-listed public companies and their shareholders that may affect shareholder activism, namely (i) stake-building, (ii) shareholders' rights to require companies to hold general meetings, (iii) shareholders' rights to propose resolutions at annual general meetings and (iv) recent developments in these and related areas.

Client Alert | March 15, 2013

Principal Obligations Under European Market Infrastructure Regulation, Effective Immediately

Significant Consequences for Counterparties to Derivatives ContractsToday, a number of the principal obligations of The European Market Infrastructure Regulation ("EMIR") have entered into force with immediate effect, with wide-ranging consequences for all entities dealing in derivatives related to or affecting the European Economic Area.

Client Alert | March 15, 2013

Federal Trade Commission Updates Online Advertising Disclosure Guidelines; Addresses Mobile Devices and Social Media

On March 12, 2013, the Federal Trade Commission ("FTC") updated its advertising disclosure guidelines for mobile and other online advertisers. The new guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, explains how advertisers can make disclosures "clear and conspicuous" to avoid deceiving consumers.

Client Alert | March 14, 2013

2012 Year-End Sanctions Update

The year 2012 saw vigorous activity in the creation and implementation of increasingly restrictive sanctions, particularly with respect to Iran.  Enforcement of the sanctions has been accompanied by at times very significant penalties.This update reviews sanctions developments in the United States, European Union and the United Kingdom in 2012 in four areas -- legislation, Executive Orders, regulatory developments, and enforcement -- and assesses what the experiences in 2012 suggest about how business practices might evolve to adapt to current sanctions.OFAC SANCTIONSI.  LegislationDuring 2012 the United States enacted some of its most restrictive sanctions, isolating Iran with trade barriers similar to those imposed on Cuba, to devastating effect.  Augmented sanctions

Client Alert | March 13, 2013

Slicing And Dicing The Delaware Carve-Out

New York partner Thad Davis and San Francisco associate Abbye Atkinson are the authors of “Slicing And Dicing The Delaware Carve-Out” [PDF] published by Law360 on March 13, 2013 at www.law360.com.

Client Alert | March 13, 2013

The Outer Limits Of Expert Testimony Gatekeeping

Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of “The Outer Limits Of Expert Testimony Gatekeeping” [PDF] published by Law360 on March 13, 2013 at www.law360.com.

Client Alert | March 13, 2013

Let Justice Be Done

New York associate Jane Kim is the co-author of “Let Justice Be Done” [PDF] in the National Law Journal on March 11, 2013.

Client Alert | March 11, 2013

California Supreme Court Allows Employer Time “Rounding” Practice Ruling to Stand

The California Supreme Court made a quiet but important statement this term by recently refusing to hear an employee's challenge to the common practice among employers of rounding time entries.  See's Candy Shops, Inc.

Client Alert | March 8, 2013

French Court of Appeals Adopts New Safeguard Plans for Heart of La Défense

On February 28, 2013, the Versailles Court of Appeals adopted two new Safeguard Plans for CMBS borrower, Heart of la Défense SAS (HOLD), and its Luxembourg parent company, Dame Luxembourg SARL (Dame).

Client Alert | March 7, 2013

A Quick Guide to the AIFMD for Non-EU Investment Managers

This alert provides a brief overview of the European Alternative Investment Fund Managers Directive 2011/61/EU (the "AIFMD") for alternative investment fund managers ("AIFMs") whose registered office is not in a European Union Member State (a "Non-EU AIFM").A.

Client Alert | March 7, 2013