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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SEC Issues Interpretive Guidance on Cybersecurity Disclosures Under U.S. Securities Laws

On October 13, 2011, the staff of the Securities and Exchange Commission ("SEC") released disclosure guidance regarding public company disclosure obligations relating to cybersecurity risks and cyber incidents (the "Disclosure Guidance")."  The Disclosure Guidance reviews specific SEC disclosure rules that may require public companies to describe cybersecurity matters and provides SEC staff guidance on what type of disclosure, if any, may be necessary in light of a company's particular facts and circumstances.  The Disclosure Guidance is available at http://www.sec.gov/divisions/corpfin/guidance/cfguidance-topic2.htm.  Cybersecurity is only the second topic to be addressed in the Division of Corporation Finance's new Disclosure Guidance publicatio

Client Alert | October 17, 2011

Delaware Court of Chancery Issues Important Guidance for Special Committees Negotiating M&A Transactions with Controlling Stockholders

On October 14, 2011, Chancellor Strine of the Court of Chancery of the State of Delaware issued a decision in In re Southern Peru Copper Corp. Shareholder Derivative Litig., C.A.

Client Alert | October 17, 2011

Federal Agencies Propose Comprehensive Volcker Rule Implementation

On Tuesday, October 11, 2011, the Federal Reserve Board ("Fed") and the Office of the Comptroller of the Currency ("OCC") released for public comment and the Federal Deposit Insurance Corporation (the "FDIC") met in open session and unanimously approved and released proposed rules implementing the Volcker Rule, Section 619 of the Dodd-Frank Consumer Protection Act of 2010 ("Dodd-Frank").  The Securities and Exchange Commission ("SEC") voted unanimously to approve the proposed rule on Wednesday, October 12.

Client Alert | October 12, 2011

European Court of Justice Delivers Landmark Judgment in UK Premier League Referral

In a Judgment which rattles the foundations of national copyright laws, the European Court of Justice held on October 4th that broadcasting licenses which prohibit the broadcasting of football matches outside the particular European Union ("EU") Member State for which the license was granted cannot be enforced.If any comfort can be found in the Judgment for copyright holders, it lies in the fact that the Court has opened up the possibility that football broadcasts which include elements of "literary or artistic works" alongside them might nonetheless be able to benefit fully from the grant of exclusivity.

Client Alert | October 7, 2011

The Federal Awardee Performance & Integrity Information System

Washington, D.C. partners Joseph West and Diana Richard and associate Owen Whitehurst are the authors of "The Federal Awardee Performance & Integrity Information System" [PDF] published in the October 2011 issue of Thomson Reuters' Briefing Papers.

Article | October 1, 2011

Sourcing Capital In The United States And Beyond: Be Prepared For What International Investors Expect

Dubai partner Chézard Ameer and London associate Edwin Wong are the authors of "Sourcing Capital In The United States And Beyond: Be Prepared For What International Investors Expect" [PDF] published in October 2011 for the 2011 SuperReturn Middle East conference in Dubai.

Client Alert | October 1, 2011

Unlocking Stockholder Value with Spin-Offs

Washington, D.C. partner Stephen Glover is the author of "Unlocking Stockholder Value with Spin-Offs" [PDF] published in the October 2011 issue of LexisNexis Emerging Issues Analysis.

Client Alert | October 1, 2011

Supreme Court Round-Up: A Summary of Upcoming Arguments and Other Developments – September 30, 2011

As the Supreme Court opens 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 already accepted nearly fifty cases for argument this Term, including five cases in which Gibson Dunn is involved.  With arguments scheduled to begin next 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 | September 30, 2011

Nationwide Privacy Class Action Dismissed in In re iPhone Application Litigation Based on Lack of Article III Standing

On September 20, 2011, Judge Lucy H. Koh of the United States District Court for the Northern District of California issued an order in In re iPhone Application Litigation, Case No.

Client Alert | September 27, 2011

Leahy-Smith America Invents Act Revises Patent Law

After more than six years of negotiation, patent reform is here.  The Leahy-Smith America Invents Act, which President Obama signed into law on September 16, 2011, is nearly 60 pages long and revises a broad swath of patent law.  Summaries, reviews, and commentaries abound on the web, and patent law practitioners have a plethora of resources describing technical amendments and effective dates.  This short overview is not for them; it is instead intended to capture some of the highlights for business leaders and general counsel who are wondering how the changes may affect their IP strategy and their patent litigation portfolios.  One caveat:  Some provisions of the new law go into effect immediately, while others will be implemented over a longer period. 

Client Alert | September 22, 2011

Private Equity Investment and the FCPA

Enforcement of the Foreign Corrupt Practices Act has grown exponentially in recent years, and shows no signs of abating.  The DOJ and SEC, the U.S.

Client Alert | September 21, 2011

The Government of India Issues Clarifications to Its Data Privacy Rules

On August 24, 2011, the Ministry of Communications and Information Technology of the Government of India ("IT Ministry"), through the Press Information Bureau, issued a press note ("Press Note") containing certain clarifications to the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Data Privacy Rules") issued earlier in the year.

Client Alert | September 9, 2011

CEQA Fireworks

Orange County associates Ryan Card and James Sabovich are the authors of "CEQA Fireworks" [PDF] published by Law360 at www.law360.com on September 8, 2011.

Client Alert | September 8, 2011

The Perils of Collecting Information at the Register

San Francisco partner Austin Schwing and associate Matthew Kahn are the authors of "The Perils of Collecting Information at the Register" published on the ABA's Class Actions & Derivative Suits Committee website on September 8, 2011.

Client Alert | September 8, 2011

New Decision Confirms Federal Courts’ Power to Freeze Counterfeiters’ Overseas Assets and Order Production of Foreign Bank Records

On August 23, 2011, Judge Richard S. Sullivan of the Southern District of New York issued a decision in Gucci America, Inc. v. Li, No. 10 Civ. 4974 (RJS) granting the plaintiffs' motion to compel the production of counterfeiters' bank records from non-party Bank of China.

Client Alert | September 6, 2011

California Amends Corporations Code to Liberalize and Streamline Legal Standards for Corporate Distributions and Dividends

On September 1, 2011, the Governor of California signed into law California Assembly Bill No. 571 ("AB 571"), which will liberalize and streamline the legal standards for California corporations and quasi-California corporations to make cash and property distributions to shareholders, including dividends and share repurchases and redemptions.

Client Alert | September 6, 2011

Would U.S. Be Ready for a Repeat of 9/11?

Dallas partner James Ho is the author of “Would U.S. Be Ready for a Repeat of 9/11?" [PDF] published in the September 4, 2011 issue of The Dallas Morning News.

Client Alert | September 4, 2011

Hot Off the Press: Resetting the Global Anti‑Corruption Thermostat to the UK Bribery Act

New York partner Lee Dunst and associates Michael Diamant and Teresa Kung, are the authors of "Hot Off the Press: Resetting the Global Anti‑Corruption Thermostat to the UK Bribery Act" [PDF] published in September 2011 issue of Business Law International.This article was first published in Business Law International, Vol 12 No 3, September 2011, and is reproduced by kind permission of the International Bar Association, London, UK.

Client Alert | September 1, 2011

Special Allocations Under the Cost Accounting Standards

Washington, D.C. partner Karen L. Manos is the author of "Special Allocations Under the Cost Accounting Standards" published in the September 2011 issue of Thomson Reuters' Government Contract Costs, Pricing & Accounting Report.

Client Alert | September 1, 2011

In Light of Wal-Mart D.C. Circuit Should Correct Its Approach to Class Actions

Washington, D.C. partner Andrew Tulumello and associate Geoffrey Weien are the authors of "In Light of 'Wal-Mart,' D.C. Circuit Should Correct Its Approach to Class Actions" [PDF] published in the August 31, 2011 issue of The National Law Journal.

Article | August 31, 2011