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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Alien Encounters – Global Companies Must be Wary of the Controversial US Alien Tort Claims Act

New York partner Lee Dunst and associate Brian M. Lutz are the authors of "Alien Encounters - Global Companies Must be Wary of the Controversial US Alien Tort Claims Act" [PDF] published in the June 2, 2011 issue of Legal Week.

Client Alert | June 2, 2011

E-Discovery Basics: Litigation Preparedness (Vol. 1, No. 3)

Printable PDFThis is the third 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.The Boy Scout motto, "Be Prepared," has particular import for companies that are likely to deal with e-discovery.  Being prepared can help mitigate costs and risks, ensure timely compliance with preservation obligations, and bolster defensibility.

Client Alert | May 31, 2011

SEC Adopts Final Rules Implementing Whistleblower Provisions of Dodd-Frank

On May 25, 2011, in a 3-2 vote, the U.S.

Client Alert | May 31, 2011

Data Privacy Rules Enacted in India

On April 11, 2011, the Ministry of Communications and Information Technology (Department of Information Technology), Government of India ("IT Ministry"), issued the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Data Privacy Rules").

Client Alert | May 25, 2011

En Banc Federal Circuit Clarifies Standards for “Inequitable Conduct” Claims

On May 25, 2011, the Federal Circuit issued its much-anticipated decision in the Therasense case, in which it granted en banc review to consider a series of questions regarding the scope and contours of the "inequitable conduct" doctrine in patent cases.  Therasense, Inc.

Client Alert | May 25, 2011

U.S. Department of Defense Issues Interim Rule to Require Withholding of Payments to Contractors with Deficient Business Systems

On May 18, 2011, the Department of Defense (DoD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) and defining the elements of and process for determining the acceptability of six contractor business systems.  The interim rule would require Contracting Officers (COs) to withhold a percentage of payments from contracts with DoD contractors that fail to maintain "acceptable business systems."  This interim rule took effect on May 18 and applies to solicitations issued on or after that date.  It does not require modification of existing contracts, with the exception of Indefinite Delivery/Indefinite Quantity (IDIQ) contracts.  The interim rule follows two earlier proposals on the same topic, published on January 15,

Client Alert | May 24, 2011

E-Discovery Basics: The E-Discovery Life Cycle (Vol. 1, No. 2)

Printable PDFThis is the second in a series of brief introductory guides to practical issues in electronic discovery.  If you would like to subscribe to future installments of E-Discovery Basics and other updates, please click here.Understanding the life cycle of electronically stored information ("ESI") through the electronic discovery process is imperative for companies and their counsel to successfully navigate the substantial risks and mitigate the frequently high costs associated with electronic discovery.The Electronic Discovery Reference Model ("EDRM")--an organization dedicated to developing practical guides for managing electronic discovery, improving quality and reducing costs--has created this useful framework for understanding how ESI proceeds thro

Client Alert | May 23, 2011

The SEC Uses an FCPA Case for Its First-Ever Deferred Prosecution Agreement

On May 17, 2011, the U.S.

Client Alert | May 19, 2011

E-Discovery Basics: Why Should I Care About E-Discovery? (Vol. 1, No. 1)

Printable PDF  This is the first in a series of brief introductory guides to practical issues in electronic discovery.  If you would like to subscribe to future E-Discovery Basics and other updates, please click here.It is not uncommon to hear from in-house counsel and outside lawyers that they have little interest in learning about electronic discovery.

Client Alert | May 17, 2011

E-Discovery Developments: Court Holds That Oral Preservation Notice Is Not Automatically Sanctionable

A central tenet of Judge Shira Scheindlin's controversial 2010 Pension Committee decision about legal holds was that a party's failure to issue a written legal hold notice constitutes gross negligence per se, supporting an inference that relevant evidence was destroyed and the opposing party was prejudiced, and justifying sanctions unless the party could rebut the presumption.

Client Alert | May 13, 2011

Supreme Court Round-Up: A Summary of Recent Opinions, Upcoming Arguments, and Other Developments – May 11, 2011

As the Supreme Court enters the homestretch of this Term and approaches its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court.  Since the last edition of the Round-Up, the Court has issued opinions in the following argued cases:AT&T Mobility LLC v. Concepcion: The Court held that California's judicially imposed rule classifying most collective-arbitration waivers in consumer contracts as unconscionable was preempted by the Federal Arbitration Act.Sossamon v. Texas: The Court held that a State's acceptance of federal funds did not constitute a waiver of its sovereign immunity from private suits for money damages under the Religious Land Use and Institutionalized Persons Act of 2000.Virginia Office for Protection &

Client Alert | May 11, 2011

French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements

The French Data Protection Authority--La Commission Nationale de l'Informatique et des Libertés ("CNIL")--announced on April 26, 2011, that it intends to increase inspections of companies and organizations transferring data into and out of France to ensure compliance with French and European Union data privacy laws and regulations.  In its press release, CNIL emphasized that the inspections will have a specific focus on verifying that U.S.

Client Alert | May 11, 2011

Somebody’s Watching Me: FCPA Monitorships and How They Can Work Better

Washington, D.C. partner F. Joseph Warin and associates Michael Diamant and Veronica Root are the authors of "Somebody's Watching Me: FCPA Monitorships and How They Can Work Better" [PDF] published in the University of Pennsylvania Journal of Business Law, Volume 13, Issue 2.

Client Alert | May 5, 2011

White House Gives Federal Agencies Additional Guidance on Reviewing Existing Regulations

The White House Office of Information and Regulatory Affairs ("OIRA") has issued further guidance to federal agencies on how to conduct the review of existing regulations ordered by the President in January.

Client Alert | May 3, 2011

Department of Justice Intervenes in First Incentive Compensation Qui Tam Action

An incentive compensation qui tam action filed against EDMC in 2007 was unsealed today after the Department of Justice ("DOJ") filed a notice of intervention.

Client Alert | May 3, 2011

President Obama Announces U.S. Sanctions Against Syria

"The United States condemns in the strongest possible terms the use of force by the Syrian government against demonstrators. This outrageous use of violence to quell protests must come to an end now.

Client Alert | May 2, 2011

EPA’s Proposed Emissions Standards for Coal and Oil-Fired Power Plants May Set the Stage for New Toxic Tort Litigation over Exposures to Hexavalent Chromium and Other Chemicals

On March 16, 2011, the U.S. Environmental Protection Agency ("EPA") proposed the first national standards to reduce hexavalent chromium, mercury, and other toxic air pollution from coal and oil-fired power plants, also known as electrical generating units ("EGUs").

Client Alert | May 2, 2011

The EPA’s $1.6B Step Back

Los Angeles partner Jeffrey Dintzer is the author of "The EPA's $1.6B Step Back" [PDF] published by Law360 at www.law360.com on May 2, 2011.

Client Alert | May 2, 2011

The Elusive Common Market Goal

Brussels partner Peter Alexiadis is the author of "The Elusive Common Market Goal" [PDF] published by IIC Intermedia in May 2011.Republished from IIC Intermedia Vol.

Client Alert | May 1, 2011

Country Q&A: United States

New York partner Mark Kirsch and associates Jonathan Fortney and Alexander Marx are the authors of "Country Q&A: United States" [PDF] published by Practical Law Company in the PLC Cross-border Dispute Resolution Handbook 2011/12.

Client Alert | May 1, 2011