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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Over the past ten years, Indonesia's commercial banking sector has been an attractive destination for foreign investors. This has been in large part due to the Indonesian government's relaxed banking policy, which until now has been geared towards fostering foreign investment in the industry. A proposed amendment to the banking policy, however, may have significant consequences for current and potential investors.Following the 1997 Asian financial crisis, the Indonesian government enacted Government Regulation No.
Client Alert | January 19, 2012
While the duties of directors of unlisted private companies often coincide with the strategy and requirements of the subsidiary's parent company, this is not always the case, and the circumstances may require a director to act independently of the parent. Directors may risk personal liability as regulators are taking tougher stances especially toward bribery, corruption and anti-competitive behavior, particularly cartel abuses. Directors and prospective directors will therefore want to know the extent to which they can protect themselves against these risks.
Client Alert | January 19, 2012
The year 2011, like the year 2010, saw substantial fines and continuing focus on export enforcement at the Office of Foreign Assets Control ("OFAC") within the United States Department of the Treasury.
Client Alert | January 18, 2012
San Francisco partner Rachel Brass, of counsel Winston Chan and associate Joshua Lipshutz are the authors of "From Antitrust to FCPA Liability" [PDF] published in the January 16, 2012 issue of The Recorder.
Client Alert | January 16, 2012
Munich partner Benno Schwarz is the author of "Im Fadenkreuz der Regulatoren – Worauf Strategische und Private-Equity-Investoren Bei M&A-Transaktionen Achten Müssen" [PDF] published on January 16, 2012 by Betriebs-Berater.
Client Alert | January 16, 2012
For the last decade, governance issues have been a priority at public companies and companies planning to go public. Recent joint venture activity reflects a carryover from the public company arena of this intense focus on improving governance.
Client Alert | January 11, 2012
New York partner Andrew Fabens is the author of "Risk Factors: Time for a Tune-Up" [PDF] published on January 11, 2012 in CFO Magazine.
Article | January 11, 2012
While the members of the Eurozone are still struggling to find an adequate answer to the sovereign debt crisis and the stock markets are on a roller-coaster ride, the German economy is still doing remarkably well and continues to attract foreign investors from all over the world, notably China. At the same time, German lawmakers have not remained idle and have enacted a long-expected reform of the insolvency laws to facilitate corporate restructuring and debt-equity swaps.
Client Alert | January 10, 2012
I. Overview of 2011For the SEC's Division of Enforcement, 2011 was a year of extremes -- record breaking enforcement activity contrasted with a highly publicized challenge to one of the fundamental aspects of its program.For the fiscal year, the Division reported a record high number of enforcement actions -- 735 -- resulting in more than $2.8 billion in penalties and disgorgement ordered. In particular, there was a substantial increase in enforcement actions against investment advisers and broker-dealers. Notably, several Enforcement Division initiatives started resulting in cases in areas of investment adviser performance disclosure, management fees and compliance. The Division continued to file a number of significant enforcement actions arising from the fi
Client Alert | January 10, 2012
Brussels partners Peter Alexiadis and David Wood are the authors of "Free Market 1: Copyright 0 - UK Premier League Loses Away from Home" [PDF] published in Volume 18, Issue 6 of the Utilities Law Review, January 2012.
Client Alert | January 10, 2012
Los Angeles of counsel Brett Oberst and associate Candice Ray are the authors of "A New Guide To Understanding Science In The Courtroom" [PDF] published by Law360 at www.law360.com on January 9, 2012.
Client Alert | January 9, 2012
Paris partners Jérôme Delaurière and Ariel Harroch are the authors of "De la nouvelle réforme des règles de lutte contre la sous-capitalisation" [PDF] published on January 9, 2012 in La Lettre Capital Finance, issue 1044, page 12 (www.capitalfinance.eu).
Client Alert | January 9, 2012
In this client alert we review some of the key developments that have taken place in UK employment law during 2011 and look forward to some significant changes that are on the horizon for 2012.
Client Alert | January 9, 2012
The Department of Justice obtained more than $1 billion in FY 2011 from criminal antitrust offenders, the second-highest amount in its history. The total payments consist of an estimated $523 million in criminal fines and more than $500 million in restitution, penalties, and disgorgement paid to state and federal agencies.
Client Alert | January 9, 2012
On December 29, 2011, the California Supreme Court handed down an important victory for employers in Harris v. Superior Court, reversing a split decision from the California Court of Appeal which held that insurance claims adjusters did not fall within the administrative exemption from the state's overtime requirements. Harris v. Superior Court (Liberty Mutual Insurance), 2011 WL 6823963 (Cal.), __P.3d __. In doing so, the Supreme Court rejected strict application of the "administrative/production" dichotomy, used by many California courts in determining whether employees qualify for the administrative exemption, stating: "[T]he dichotomy is a judicially created creature of the common law which has been effectively superseded in this context by the more spe
Client Alert | January 9, 2012
As the Supreme Court continues its 2011 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 accepted over seventy cases for argument this Term, including eight cases in which Gibson Dunn is involved. With two argued cases already decided, the Round-Up also 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 | January 6, 2012
It seems that "record-breaking" years for recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act") are becoming as predictable as Gibson Dunn publishing its Year-End Update on the subject.
Client Alert | January 5, 2012
During the past decade, the U.S.
Client Alert | January 4, 2012
2011 marked yet another dynamic year for the Foreign Corrupt Practices Act ("FCPA"), including numerous significant enforcement actions, more trials than in any other year in the history of the statute, and a growing public debate about the policy ramifications of a U.S.-dominated international anti-corruption enforcement field. Those close to the statute can feel the unmatched pace at which the 34-year-old law is now developing. With more litigated decisions, more bills pending in Congress, and more interplay between the FCPA and other international laws prohibiting cross-border bribery, there is a growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years. Perhaps sensing these dynamics, Assistant Attorney
Client Alert | January 3, 2012