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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Requiring Causation Proof in Foreign Recognition Actions

Orange County associates James Sabovich, Heather Hearne and Christopher Spiker are the authors of "Requiring Causation Proof in Foreign Recognition Actions" [PDF] published by Law360 at www.law360.com on July 7, 2011.

Client Alert | July 7, 2011

Vorsicht bei Geschäften in England!

Munich partner Mark Zimmer is the author of "Vorsicht bei Geschäften in England!" published in the July 2011 issue of Finanzplatz.

Client Alert | July 5, 2011

E-Discovery Basics: Processing & Reviewing ESI (Vol. 1, No. 8)

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.  After preserving and collecting electronically stored information ("ESI"), the next step is to determine what is relevant (or responsive to document requests or a subpoena), versus what is privileged, irrelevant or non-responsive.

Client Alert | July 5, 2011

Delaware Supreme Court Holds That Derivative Plaintiffs May Assert Insider Trading Claims Without Pleading Harm to the Corporation

Shareholders may state a derivative claim for insider trading without alleging injury to the company--so held the Delaware Supreme Court in an opinion it recently issued in Kahn v. Kohlberg Kravis Roberts & Co., L.P., No.

Client Alert | July 5, 2011

California Supreme Court Extends California Overtime Laws to Non-California-Based Employees When Working in the State

In a ruling that could spur a new wave of wage and hour class action litigation, the Supreme Court of California unanimously held in Sullivan v. Oracle Corp.

Client Alert | July 5, 2011

Guaranteed Payments for Capital: Interest or Distributive Share?

Los Angeles associate Andrew Kreisberg is the author of "Guaranteed Payments for Capital: Interest or Distributive Share?" [PDF] published in the July 4, 2001 issue of Tax Analysts.

Article | July 4, 2011

Self-Reporting Is Getting Complicated: Balancing FINRA’s Rule 4530 and the SEC’s Whistleblowing Requirements

FINRA rule 4530 will take effect on July 1, 2011. The new rule, part of FINRA's consolidated rulebook process, adds to the reporting requirements currently found in NASD rule 3070 and New York Stock Exchange rule 351.

Client Alert | July 1, 2011

The Employee Strikes Back

London partners James Cox and Selina Sagayam, and Century City associate Michael Titera are the authors of "The Employee Strikes Back" [PDF] published in the July/August 2011 issue of IFLR.

Client Alert | July 1, 2011

Letter of Credit Migration

New York partner Joerg Esdorn and of counsel Yair Y. Galil are authors of "Letter of Credit Migration" [PDF] published by Practical Law.

Article | July 1, 2011

Standing in Mortgage-Backed Securities Class Action Litigation

New York partners Lawrence Zweifach and Jennifer Rearden, and associate Darcy Harris are the authors of "Standing in Mortgage-Backed Securities Class Action Litigation" [PDF] published in the Summer 2011 issue of ABA's Securities Litigation.

Client Alert | July 1, 2011

Financing Provisions in Acquisition Agreements

Los Angeles partner Linda Curtis and Century City associate Melissa Barshop are the authors of "Financing Provisions in Acquisition Agreements" [PDF] published in the Summer 2011 issue of California Business Law Practitioner.

Client Alert | July 1, 2011

The Power to Investigate: Table of Authorities of House and Senate Committees

Congress has inherent power to investigate and that power has been delegated to House and Senate Committees.  Both House and Senate rules, for example, give standing committees the ability to issue subpoenas, hold hearings, and conduct investigations.  It can be a harrowing experience to receive a request for information or documents or for an interview or deposition from a congressional committee.  But does it matter which committee the request comes from?  Do committees all have the same investigative authorities or are there differences and, if so, do the differences matter?

Client Alert | June 28, 2011

U.S. Supreme Court Invalidates California Statute Prohibiting Sale or Rental of “Violent” Video Games to Minors

On June 27, 2011, the Supreme Court invalidated a California statute prohibiting the sale or rental of "violent" video games to minors.  In Brown v. Entertainment Merchants Association, No. 08-1448, the Court held that restrictions on video games are subject to strict scrutiny under the First Amendment, and that the California statute failed strict scrutiny.  In an opinion by Justice Scalia, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan, the Supreme Court held for the first time that video games are constitutionally protected speech.  "Like the protected books, plays, and movies that preceded them," the Court explained, "video games communicate ideas--and even social messages--through many familiar literary devices (such as characte

Client Alert | June 28, 2011

U.S. Supreme Court Strikes Down Law Regulating Use of Medical Data on Free Speech Grounds

On June 23, 2011, in a case that tested potential conflicts between free speech rights and the power of the state to regulate medical privacy and low-cost healthcare, the Supreme Court struck down a Vermont law that restricted the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors.  In Sorrell v. IMS Health, No.

Client Alert | June 28, 2011

A Win for Wal-Mart, and All Workers

Los Angeles partner Theodore J. Boutrous, Jr. and associate Theane Evangelis Kapur are the authors of "A win for Wal-Mart, and all workers" [PDF] published in the June 28, 2011 issue of the Los Angeles Times.

Client Alert | June 28, 2011

Dealing with Tipsters Under Dodd-Frank

Los Angeles partner Michael Farhang and Palo Alto associate Susannah Wright are the authors of "Dealing with Tipsters Under Dodd-Frank" [PDF] published in the June 27, 2011 issue of The Recorder.

Client Alert | June 27, 2011

Coping with the New Whistleblower Rules

Washington, D.C. partner John Sturc, associate Molly Claflin and Palo Alto associate Joshua Dick are the authors of "Coping with the New Whistleblower Rules" [PDF] published in the June 27, 2011 issue of Compliance Reporter magazine.

Article | June 27, 2011

E-Discovery Basics: Collection of ESI (Vol. 1, No. 7)

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.

Client Alert | June 27, 2011

Courts Continue to Question Whether Using the Trademarks of Others to Trigger Search Engine Advertising Gives Rise to Trademark Liability

Washington, D.C. partner Howard Hogan and Palo Alto associate Michael Smith are the authors of "Courts Continue to Question Whether Using the Trademarks of Others to Trigger Search Engine Advertising Gives Rise to Trademark Liability" [PDF] published in the June 24, 2011 issue of BNA's Patent, Trademark and Copyright Journal.Reproduced with permission from BNA’s Patent, Trademark & Copyright Journal, 82 PTCJ 274, 06/24/2011.

Client Alert | June 24, 2011

Environmental News: Climate Change – June 2011

June 2011The seventh issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | June 22, 2011