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As the Supreme Court opens its 2012 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in cases that will be argued, as well as other key developments at the Court. The Court has already accepted nearly forty cases for argument this Term, including five cases in which Gibson Dunn is involved. With arguments beginning just this week, the Round-Up provides a snapshot of the issues that are at the forefront of the Court's docket. Spearheaded by former Solicitor General Theodore B.
Client Alert | October 5, 2012
Washington, D.C. partner F. Joseph Warin and associate John W.F. Chesley are the authors of "Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA" [PDF] published in the October 3, 2012 issue of The FCPA Report.
Client Alert | October 3, 2012
On September 25, 2012, Vice Chancellor Travis Laster of the Court of Chancery of the State of Delaware dismissed the derivative complaint in South v. Baker, C.A.
Client Alert | October 2, 2012
The Government of India ("Indian Government") has approved a number of significant amendments to India's foreign direct investment ("FDI") policy in a variety of sectors including aviation, broadcasting, power and retail.
Client Alert | October 1, 2012
London associate Mark Handley is the author of “Anti-corruption due diligence in M&A – the role of POCA” [PDF] published in the October 2012 issue of Financier Worldwide.
Client Alert | October 1, 2012
Joseph Warin and Jeremy Joseph of Gibson Dunn participate in Securities Docket's webcast, "FCPA and U.K.
Client Alert | September 28, 2012
The Government of India ("Indian Government") has approved a number of far-reaching amendments to India's foreign direct investment ("FDI") policy in the retail sector through the issuance of Press Note 4 of 2012 and Press Note 5 of 2012, each dated September 20, 2012.
Client Alert | September 28, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of “A Demise Greatly Exaggerated – Apprendi Is Extended to Criminal Fines” [PDF] published in the September 26, 2012 issue of Bloomberg BNA’s Criminal Law Reporter.Reproduced with permission from The Criminal Law Reporter, 91 CrL 797, 09/26/2012.
Client Alert | September 26, 2012
On August 24, 2012, in the case of Fillpoint, LLC v. Maas, a California appellate court issued an opinion reinforcing both California's general public policy against covenants not to compete and the important exceptions to that rule. While California Business and Professions Code § 16600 generally declares void any covenant that restrains an individual from engaging in a lawful profession, trade or business, § 16601 provides an exception to this rule for covenants executed in connection with the sale of a business. The Fillpoint case instructs that, to qualify for § 16601's sale-of-business exception, employers must thoroughly document and tether any non-compete covenant to the sale of a business.Fillpoint: Factual Background.In Fillpoint, Michael Maas worked
Client Alert | September 20, 2012
U.S.
Client Alert | September 19, 2012
Last summer's debt ceiling crisis produced a compromise bill--the Budget Control Act of 2011 (BCA)--that includes an enforcement mechanism, sequestration, similar to the doomsday device in Dr. Strangelove.
Client Alert | September 18, 2012
At an open meeting held on August 22, 2012, the Securities and Exchange Commission (“SEC”) voted to approve final rules regarding disclosure and reporting requirements with respect to the use of “conflict minerals” to implement Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The final rules were adopted by a vote of 3 to 2, with Commissioners Paredes and Gallagher dissenting. The adopting release containing the final rules is available here.
Client Alert | September 14, 2012
Employers Should Review Plans and Agreements in Which Payment is Conditioned Upon Signing a Release or Agreement to Comply with Restrictive Covenants
Client Alert | September 14, 2012
Washington, D.C. partner Mark Perry is the author of "Due Process Limitations on Aggregating Claims Under State Procedural Law" [PDF] published in the September 14, 2012 issue of Bloomberg BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 13 CLASS 1013, 09/14/2012.
Client Alert | September 14, 2012
Early in the discussions about whether and how to form a joint venture -- perhaps as the very first significant issue to be resolved -- the potential joint venture partners will try to agree on the scope of the venture's business. That definition is usually embodied in one or more of the venture agreements, and may circumscribe the nature of the venture's business, potential future lines of business into which the venture may expand, geographic areas in which the venture will or may operate, and how deviations from the venture's scope will be determined and approved by the venture partners. As partners negotiate the scope of the venture's business, they also need to focus on the key corollary provisions of the venture arrangement impacted by the agreed-upon scope. T
Client Alert | September 12, 2012
Recently, the Internal Revenue Service ("IRS") published final regulations concerning the deductibility of the use of business aircraft for personal purposes.
Client Alert | September 12, 2012
Overturning a much criticized judicial precedent laid down by a Division Bench (consisting of three judges) of the Supreme Court of India ("Supreme Court") in the case of Bhatia International v. Bulk Trading S.A.
Client Alert | September 11, 2012
The European Court of Justice ("ECJ") has ruled that cross-border migration by way of converting into a company format subject to the laws of a different EU member state is protected and permitted by overriding EU law even in cases where the national laws of the two countries in question do not provide for such a possibility.I. The Decision of the ECJ in the VALE-CaseIn its judgment of July 12, 2012 (Case C-378/10, VALE Építési kft), the ECJ has answered one of the last open, fundamental questions of cross-border movement of European companies among EU member states.
Client Alert | September 7, 2012
Companies with customers in California are facing an increasing number of class action suits seeking significant sums in statutory damages, attorney's fees and costs under California's "Shine the Light" law, a part of California's Consumer Records Act.
Client Alert | September 5, 2012
On August 31, 2012, the Court of Appeals for the Federal Circuit handed down its en banc decision in two closely watched cases involving "divided infringement," Akamai Technologies, Inc., v. Limelight Networks, Inc., Nos.
Client Alert | September 5, 2012