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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CEQA Reform: The Aggrieved Instigator

Orange County associates James Sabovich and Krista deBoer are the authors of “CEQA Reform: The Aggrieved Instigator” [PDF] published by Law360 on March 5, 2013 at www.law360.com.

Client Alert | March 5, 2013

Financial Services Act 2012: A New UK Financial Regulatory Framework – All Change?

The Financial Services Act 2012 (the "Act"), which comes into force on 1 April 2013, contains the UK government's reforms of the UK financial services regulatory structure and will create a new regulatory framework for the supervision and management of the UK's banking and financial services industry.

Client Alert | March 4, 2013

In-House Search Warrant Checklist

Denver partner Robert Blume and associates John Partridge and Tafari Nia Lumumba are the authors of “In-House Search Warrant Checklist” [PDF] published in the March 4, 2013 issue of Law Week Colorado.

Client Alert | March 4, 2013

Delaware Court of Chancery Confirms That a Reverse Triangular Merger Does Not Result in an Assignment by Operation of Law

On February 22, 2013, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP (Del. Ch.

Client Alert | March 1, 2013

U.S. Supreme Court Holds That Plaintiffs Need Not Prove Materiality to Obtain Class Certification in Securities-Fraud Class Actions

On February 27, 2013, the U.S. Supreme Court held that, in securities class actions challenging false or misleading statements, the plaintiff need not prove that the alleged misstatements were material in order to obtain class certification using the so-called fraud-on-the-market presumption of reliance.

Client Alert | March 1, 2013

Debating the Pros and Cons of Dual Class Capital Structures

Washington, D.C. partner Stephen Glover and Washington, D.C. associate Aarthy Thamodaran are authors of “Debating the Pros and Cons of Dual Class Capital Structures” [PDF] published in the March 2013 issue of Insights.

Client Alert | March 1, 2013

Welcome to the United States? New York Federal Court Issues Pair of Important FCPA Rulings Regarding Foreign Business Executives

In the past two weeks, Judges Richard J. Sullivan and Shira A. Scheindlin of the United States District Court for the Southern District of New York separately issued important rulings in civil Foreign Corrupt Practices Act ("FCPA") cases against foreign executives of non-U.S.-based companies whose stock is traded on a U.S.

Client Alert | February 28, 2013

FCPA Enforcement Trends

Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Stephanie Connor are the authors of “FCPA Enforcement Trends” [PDF] published in the February 28, 2013 issue of Director Notes.

Client Alert | February 28, 2013

The European Commission Launches a Consultation Process in Relation to the Manufacturing Practices for Medicinal Products

On 17 January 2013, the European Commission (the "Commission") initiated a public consultation in relation to the revision of its Good Manufacturing Practice Guidelines (the "GMP Guidelines").

Client Alert | February 27, 2013

U.S. Supreme Court Clarifies Limitations Period for Federal Enforcement Actions

On February 27, 2013, the U.S. Supreme Court unanimously concluded that the five-year limitations period for federal enforcement actions seeking civil penalties, such as those brought by the SEC, begins to run when the alleged fraud occurs, not when it is discovered.  In an opinion authored by Chief Justice Roberts in Gabelli v. Securities and Exchange Commission, No.

Client Alert | February 27, 2013

Say on What? Plaintiffs’ Lawyers Target “Say-On-Pay” Disclosures in Annual Proxy Statements

Gibson Dunn outlines the trend of shareholder lawsuits related to executive compensation disclosures and suggests strategies for addressing this new proxy litigation.

Client Alert | February 26, 2013

The Global Reach of American Criminal Law

Washington, D.C. partner F. Joseph Warin is co-author of “The Global Reach of American Criminal Law” [PDF] written in February 2013.

Client Alert | February 25, 2013

2012 Year-End Health Care Enforcement Update

2012 saw a continuation of the trends we have seen in health care enforcement in recent years--wide-ranging enforcement activity, historic settlements, strict settlement terms, and tough penalties for individuals.

Client Alert | February 22, 2013

Class Actions Update: Key Trends and Key Cases in the Year Ahead

In the 35-year period from 1974 through 2009, the United States Supreme Court decided fewer than a dozen cases involving core class action issues. All that has changed in the last few years, with the Supreme Court increasingly taking cases presenting major class action questions.

Client Alert | February 20, 2013

In re Novell: Directors’ Bad Faith in a Sale Process

New York partners Brian Gingold and Eduardo Gallardo, and associate Stephenie Gosnell Handler are the authors of “In re Novell: Directors’ Bad Faith in a Sale Process” [PDF] published in the Delaware Business Court Insider on February 20, 2013.

Client Alert | February 20, 2013

M&A Report – Winter 2013

Please find the Winter 2013 edition of the Gibson Dunn M&A Report Here. This edition of the Report contains timely information on several important M&A topics, including trends in public merger agreement no-shop and fiduciary out provisions, the latest on shareholder activism, suggestions for dealing with the fall-out from stock drops, and insights on important recent Delaware court pronouncements.

Client Alert | February 19, 2013

Changing of the guard

Dubai partner Hardeep Plahe and Brussels associate Alejandro Guerrero are the authors of “Changing of the guard” [PDF] published in the February 19, 2013 issue of Competition Law Insight.

Client Alert | February 19, 2013

Inside the SEC: Highlights from the 40th Annual Securities Regulation Institute

Orange County partner James Moloney, Century City partner Ari Lanin, and Los Angeles associate Jamie Gowell are the authors of “Inside the SEC: Highlights from the 40th Annual Securities Regulation Institute” [PDF] published in the February 2013 issue of Aspen's Insights.

Article | February 15, 2013

Supreme Court Round-Up: A Summary of Upcoming Arguments and Other Developments (February 2012)

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.  Gibson Dunn has eight cases presently before the Court, and while the Court has already issued decisions in eight cases this Term, it has 33 cases awaiting decision and 32 cases slated for argument.  In addition, the Court has granted certiorari in four cases for its October 2013 Term.

Client Alert | February 14, 2013

Section 13(r) of the Securities Exchange Act of 1934: Disclosure Guidance for Public Companies

Gibson Dunn, in conjunction with seven other law firms, has issued guidance on New Section 13(r) Disclosures: Eight Law Firm Consensus Report Gibson Dunn's lawyers are available to assist in addressing any questions you may have about these developments.

Client Alert | February 7, 2013