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In the first half of 2011, the United States Supreme Court decided a trio of securities class action cases, and what may be the most significant class certification decision in several decades; new case filings continue to trend upward; and major "credit crisis" cases are beginning to be resolved
Client Alert | July 28, 2011
On July 7, 2011, the Federal Trade Commission (FTC) and U.S.
Client Alert | July 27, 2011
As part of its E-Discovery Basics series, Gibson Dunn lawyers discuss issues that may arise when electronically stored information (ESI) relevant to U.S. proceedings is located in foreign jurisdictions.
Client Alert | July 25, 2011
This 2011 Mid-Year E-Discovery Update analyzes trends and developments in e-discovery based on our review of 187 e-discovery decisions from the federal courts issued between January 1 and June 15, 2011 (listed here in an Appendix).
Client Alert | July 22, 2011
Today the federal appellate court in Washington, D.C. invalidated the SEC's "proxy access" rule, which would have required that director candidates nominated by certain large shareholders be included in a company's proxy materials. Gibson, Dunn & Crutcher LLP represented the plaintiffs, or "petitioners," in the case, Business Roundtable and the U.S.
Client Alert | July 22, 2011
Dallas partner James Ho is the co-author of “Lawsuit Against Governor an Affront to Constitution” [PDF] published in the July 22, 2011 issue of the Houston Chronicle.
Client Alert | July 22, 2011
Los Angeles partners Scott Edelman, William E. Thomson and Denver partner Gregory J. Kerwin are the authors of "Defending Actions In The United States Arising From Alleged Foreign-Based Torts" [PDF] published by the Rocky Mountain Mineral Foundation for the proceedings of the 57th Annual Rocky Mountain Mineral Law Institute (July 2011).
Client Alert | July 21, 2011
On June 22, 2011, the Securities and Exchange Commission (the "SEC" or the "Commission") voted to adopt final rules to implement amendments to the Investment Advisers Act of 1940 (the "Advisers Act") contained in Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). Importantly, the Commission extended from July 21, 2011 to March 30, 2012 the deadline for registration for private fund advisers previously exempt under Section 203(b)(3) of the Advisers Act, which exempted from SEC registration investment advisers with fewer than 15 clients.As a result of this extension, the revised compliance dates generally applicable to investment advisers having to register for the first time are as follows:DateActionJ
Client Alert | July 18, 2011
I. Overview of the First Half of 2011Robert Khuzami, the Director of the Division of Enforcement (the "Division") of the SEC, recently took stock of the SEC's accomplishments in the two years since he began his term. Specifically, he focused on the Division's restructuring, calling it the "most significant" since the Division's creation almost 40 years ago. In describing the restructuring, he noted that it was composed of many initiatives that were intended to achieve a series of common goals including: achieving a better understanding of the products, markets, transactions and practices policed by the Commission; identifying and terminating fraud and misconduct more quickly; increasing efficiency in the use of resources; and maximizing the Di
Client Alert | July 18, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to the E-Discovery Basics series, if you have not already done so, please click here. In previous installments of E-Discovery Basics, we discussed litigation preparedness, legal holds, preservation, processing, review and production of electronically stored information ("ESI").
Client Alert | July 18, 2011
The Indonesian House of Representatives on 31 May 2011 passed Law No.
Client Alert | July 15, 2011
In our 2010 updates, we noted a slower (although still aggressive) pace of U.S. antitrust enforcement activity and an uptick in European criminal enforcement. 2011 brings U.S.
Client Alert | July 15, 2011
$7,300,000,000! That's 7.3 billion dollars. If that figure grabbed your attention, imagine the reaction of federal and state prosecutors and qui tam plaintiffs' lawyers across the country when they heard that between January 2009 and June 2011, the Department of Justice ("DOJ") recovered more than $7.3 billion in civil settlements and judgments alone under the False Claims Act, 31 U.S.C.
Client Alert | July 14, 2011
On Monday, May 16, 2011, the United States Department of State, Directorate of Defense Trade Controls ("DDTC") issued a final rule amending parts 120, 124, and 126 of the International Traffic in Arms Regulations ("ITAR").
Client Alert | July 13, 2011
Los Angeles partner William Thomson, and associates Perlette Jura and Michael Seitz are the authors of "Forum Non Conveniens and Foreign-Judgment Recognition: Different Sides of Different Coins" [PDF] published in the July 13, 2011 issue of DRI - The Voice of the Defense Bar.
Client Alert | July 13, 2011
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") are an increasingly familiar tool used by the Department of Justice ("DOJ") to resolve alleged corporate wrongdoing. In May 2011, for the first time, the United States Securities and Exchange Commission ("SEC" or "Commission") entered into a DPA to resolve an enforcement action following its first-ever NPA in December 2010. Through these agreements, DOJ and, now, the SEC, agree to forgo prosecution in exchange for the company's agreement not to commit further violations of the law and to undertake specific cooperation and compliance obligations. In the DOJ context, DPAs and NPAs differ in one material respect: DOJ typically files a crimi
Client Alert | July 12, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to future installments of E-Discovery Basics, please click here. Production is the next step in the e-discovery life cycle after electronically stored information ("ESI") has been preserved, collected, processed and reviewed.
Client Alert | July 11, 2011
For years now, we have been documenting the unprecedented surge of anti-corruption enforcement activity by the two regulators charged with enforcing the Foreign Corrupt Practices Act ("FCPA")--the U.S.
Client Alert | July 11, 2011
On July 6, 2011 the Federal Deposit Insurance Corporation's ("FDIC's") Board of Directors met in open session, voting unanimously to approve a final rule addressing the claims process and other aspects of the FDIC's orderly liquidation authority under Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). The Board also discussed the FDIC's progress in preparing final rules with respect to both resolution planning under Dodd-Frank and the FDIC's own proposal, issued prior to the enactment of Dodd-Frank, separately calling for certain large insured depository institutions to file resolution plans.I. Final Rule on Orderly Liquidation AuthorityThe FDIC Board of Directors unanimously approved a final rule amending 12 C.F.R.
Client Alert | July 11, 2011
Now that the Supreme Court's 2010 Term has drawn to a close, Gibson Dunn's Supreme Court Round-Up, which has been tracking the Court's opinions and actions throughout the Term, contains a summary of each opinion that the Court issued this Term. In addition, as attention shifts to the Court's docket for the 2011 Term, the Supreme Court Round-Up provides a substantive snapshot of the cases the Court has agreed to hear beginning in October.Spearheaded by former Solicitor General Theodore B.
Client Alert | July 8, 2011