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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The first half of 2012 saw the Office of Foreign Assets Control ("OFAC") within the United States Department of Treasury continue enforcement of U.S. sanctions laws and issue a flurry of new regulations and guidelines.
Client Alert | July 27, 2012
Orange County associate Virginia Fitt is the author of "The Evolving Origins Of Species Under The ESA" [PDF] published by Law360 on July 25, 2012 at www.Law360.com.
Client Alert | July 25, 2012
Now that the Supreme Court has ended its 2011 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court released, the issues presented in cases that will be argued in the 2012 Term, and other key developments. Gibson Dunn was involved in twelve cases in the 2011 Term, and is already involved in three cases in the 2012 Term.Spearheaded by former Solicitor General Theodore B.
Client Alert | July 24, 2012
On July 11, 2012, the German Federal Constitutional Court (Bundesverfassungsgericht -- BVerfG) released an important judgment concerning the conditions of a delisting of a public company from the regulated market in Germany.
Client Alert | July 24, 2012
This is our most recent update of significant developments relating to the array of qui tam, securities, fraud, and other lawsuits and investigations involving schools, especially private sector schools.
Client Alert | July 17, 2012
Dallas partner Robert Little and associate Travis Souza are the authors of "Covering the Bases: When it comes to making representations and warranties, timing can be everything" [PDF] published in The Deal on July 16, 2012.
Client Alert | July 16, 2012
Dallas partner Robert Little is the author of "Ins and Outs of Purchasing Natural Gas-Fueled Power Plants" [PDF] published in Texas Lawyer on July 16, 2012.
Client Alert | July 16, 2012
I. Overview of the First Half of 2012The first half of 2012 has shown a continuation of the SEC's aggressive enforcement strategy even after a record-breaking fiscal year 2011 for the U.S.
Client Alert | July 16, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of "Increased Fraud Penalties Are on the Horizon" [PDF] published in the July 2012 Business Crimes Bulletin.
Client Alert | July 15, 2012
For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.
Client Alert | July 12, 2012
The Department of Justice is on pace for a record-setting year after obtaining more than $810 million from criminal antitrust offenders during the first nine months of FY 2012.
Client Alert | July 11, 2012
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") (collectively, "agreements") in recent years have become a primary tool of the U.S.
Client Alert | July 10, 2012
Acquisition agreements often contain provisions that restrict or prohibit the payment of "consequential," "special," or "incidental" damages for breach.
Client Alert | July 10, 2012
As the Foreign Corrupt Practices Act ("FCPA") turns 35 years old, the spike in enforcement activity that we first observed five years ago appears (at least for the moment) to be leveling off. Nevertheless, numerous developments this year bespeak a statute that is maturing rather than falling into obscurity: the first sustained pattern of trial activity; increasing "private attorney general" enforcement; and serious policy debates between industry, executive, and legislative interests leading up to much-anticipated statutory guidance from government regulators. The first half of 2012 was packed with important FCPA developments. This client update provides an overview of the FCPA and a survey of FCPA enforcement, litigation, and legislative develop
Client Alert | July 9, 2012
On June 28, 2012, the European Court of Justice ("ECJ") issued an important judgment that will have a significant impact on the disclosure of non-public, price-sensitive information (so-called "inside information") by public companies listed on stock exchanges in the European Union ("EU").
Client Alert | July 9, 2012
On July 6, 2012, President Obama signed the Moving Ahead for Progress in the 21st Century Act, which primarily addresses transportation funding and student loan interest rates. The Act also provides significant short-term pension funding relief to sponsors of defined benefit pension plans, increases Pension Benefit Guaranty Corporation (PBGC) premiums for single and multiemployer plans, and extends and liberalizes the ability to use assets from certain overfunded pension plans to provide retiree welfare benefits.Pension Funding ReliefIn general, ERISA and the Internal Revenue Code require minimum annual pension contributions in an amount equal to the sum of the "normal cost" of the plan for the year (i.e., the benefit accruals for the year) plus an amount necessary to amort
Client Alert | July 9, 2012
On June 20, 2012, the United States Securities and Exchange Commission (the "SEC") adopted rules under Section 10C of the Securities Exchange Act of 1934, as mandated by Section 952 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). As mandated by Dodd-Frank, the SEC rules require stock exchanges to adopt listing standards that (1) impose independence requirements on compensation committee members; (2) require companies to authorize compensation committees to retain compensation consultants and other advisers; and (3) require compensation committees to assess the independence of any consultant, legal counsel or other adviser selected by the committee. Stock exchanges have until September 25, 2012, to propose listing standards un
Client Alert | July 2, 2012
Los Angeles partners Kevin Rosen and Christopher Chorba, and San Francisco associate Lindsey Blenkhorn are the authors of “Jewel v. Boxer Remains Center Stage as N.Y.
Client Alert | July 1, 2012
On June 28, 2012, the Supreme Court issued its decision on the constitutional challenges to two components of the Patient Protection and Affordable Care Act of 2010 ("ACA"). The plaintiffs in National Federation of Independent Business v. Sebelius sought to invalidate both (1) the individual mandate, which requires most persons to purchase health insurance beginning in 2014 or pay a penalty for failure to do so; and (2) the expansion of the Medicaid program, which, among other things, requires States to expand Medicaid coverage and threatens the loss of all federal Medicaid funding for States that do not comply. In a 5-4 decision written by Chief Justice Roberts, the Supreme Court held that although the individual mandate is not a proper exercise of Congress's power u
Client Alert | June 29, 2012
The prospectus regime is being amended throughout Europe and this Alert provides (i) a summary of the key provisions of Directive 2010/73/EU (the "Amending Directive"), which amends the Prospectus Directive 2003/71/EC (the "Prospectus Directive"), and (ii) details of the related recently published delegated amending regulations, which amend the Prospectus Regulation 809/2009 (the "Prospectus Regulation"). Some of these changes have already been implemented in the UK and others will come into force on 1 July 2012. These changes will modify:when the Prospectus Directive does not apply;when a prospectus which complies with the Prospectus Directive (a "Prospectus") must be published;requirements in relation to the form and content of a Prospe
Client Alert | June 28, 2012