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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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

Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)

Washington, D.C. partner Karen Manos is the author of "Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)" [PDF] published in the May 2011 issue of the Government Contract Costs, Pricing & Accounting Report.

Client Alert | May 1, 2011

Haftung deutscher Unternehmen nach dem UK Bribery Act (Liability of German Companies under UK Bribery Act)

Munich partners Michael Walther and Mark Zimmer are the authors of "Haftung deutscher Unternehmen nach dem UK Bribery Act" (Liability of German Companies under the UK Bribery Act), published by RIW in April 2011.

Client Alert | April 30, 2011

Proposed Organizational Conflict of Interest Rule Emerges

On April 26, 2011, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) proposed to substantially amend the Federal Acquisition Regulation (FAR) to provide more comprehensive guidance concerning organizational conflicts of interest (OCI) and contractor access to nonpublic information.  The proposed rule comes more than three years after the FAR Councils issued an advanced notice of proposed rulemaking seeking information regarding the need to revise the FAR's OCI provisions, and almost four years after a report issued by the Acquisition Advisory Panel (established by the Services Acquisition Reform Act of 2003) concluded that the FAR does not adequately address OCI.  Multiple statutory provisions have als

Client Alert | April 28, 2011

The Government of India Has Notified the Merger Control Provisions of the Competition Act, 2002

Please note that the jurisdictional thresholds set out in the client alert below refer to the assets "or" turnover of entities involved in the combination.  Accordingly, if the acquirer and target, or surviving entity or group, as applicable, meet either the specified asset threshold or the specified turnover threshold, the regulations will apply.  Also, an enterprise whose control, shares, voting rights or assets are being acquired and that has assets of not more than Rs.

Client Alert | April 28, 2011

U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act

Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.

Client Alert | April 27, 2011

The Government of India Issues a New Consolidated Foreign Direct Investment Circular

On March 31, 2011, the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India ("DIPP"), issued a new consolidated foreign direct investment policy, Circular 1 of 2011 ("Circular"), which supersedes all prior press notes, press releases and clarifications issued by the DIPP relating to foreign direct investment in India.

Client Alert | April 27, 2011

Delaware Court of Chancery Rules That License Agreement Provision Prohibiting Assignment by Operation of Law May Apply to a Reverse Triangular Merger

On April 8, 2011, the Delaware Court of Chancery, in denying a motion to dismiss, ruled in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A.

Client Alert | April 26, 2011

How (Not) to Lose Data and Alienate Judges

New York partner Jennifer Rearden and of counsel Farrah Pepper are the authors of "How (Not) to Lose Data and Alienate Judges" [PDF] published in the April 20, 2011 edition of ALM's Law Technology News.

Client Alert | April 20, 2011

News Analysis: French Tax Authorities Lose Battle on Stolen Data

Paris partner Jérôme Delaurière and associate Charlotte Prest are the authors of "News Analysis: French Tax Authorities Lose Battle on Stolen Data" published by Tax Notes International (page 176) on April 18, 2011.

Client Alert | April 18, 2011

Defining “American”: Birthright Citizenship and the 14th Amendment

Dallas partner James Ho is the author of a series of articles regarding birthright citizenship, published in The Wall Street Journal [PDF], The Washington Times [PDF], The Des Moines Register [PDF], and The Green Bag [PDF].

Client Alert | April 11, 2011

Protecting Trade Secrets in Nanotech Info Requests

Orange County partner Alan Bick and associate Aneal Ganta are the authors of "Protecting Trade Secrets in Nanotech Info Requests" [PDF] published by Law360 at www.law360.com on April 8, 2011.

Article | April 8, 2011

FDIC and Federal Reserve Issue Joint Notice of Proposed Rulemaking under the Dodd-Frank Act: Resolution Plans and Credit Exposure Reports

Printable PDF  On March 29, 2011, the Federal Deposit Insurance Corporation (the "FDIC") and the Board of Governors of the Federal Reserve System (the "Fed") jointly released a notice of proposed rulemaking ("NPR") proposing rules relating to the resolution plan (also known as the "living will") and credit exposure report requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "DFA").  Both the resolution plan and credit exposure report requirements apply to nonbank financial companies ("NBFCs") designated by the Financial Stability Oversight Council (the "Council" or "FSOC") for Fed supervision and bank holding companies ("BHCs") (including any foreign ban

Client Alert | April 6, 2011

Budget Impasse May Lead to SEC Shutdown

Printable PDF UPDATE: On Friday, April 8, 2011, the SEC published its contingency Plan of Operations on its federal government shutdown page in preparation of a federal government shutdown due to the budget impasse.

Client Alert | April 6, 2011

Seventh Circuit Issues Important Decision on Key Class-Certification Issues

The Seventh Circuit issued an important decision last week in Randall v. Rolls-Royce Corp., No. 10-3446 (7th Cir. Mar. 31, 2011) touching on several key class-certification issues that have split the courts of appeals and currently are before the Supreme Court in Wal-Mart Stores, Inc.

Client Alert | April 5, 2011

Small Business Jobs and Credit Act of 2010: Implications for Government Contractors

On September 27, 2010, President Obama signed into law the Small Business Jobs and Credit Act of 2010 (Pub. L. No. 111-240).  The Act, designed to stimulate the small business sector and create jobs, contains a number of provisions that could have a significant impact on government contractors.  The Small Business Administration ("SBA") is holding meetings in 13 U.S.

Client Alert | April 4, 2011

Social Media and the Federal Securities Laws

New York partner Lois Herzeca is the author of "Social Media and the Federal Securities Laws" [PDF] published in the April 4, 2011 issue of BNA's Securities Regulation & Law Report.

Article | April 4, 2011

2010 Year-End False Claims Act Update: Part 2

Denver partner Robert Blume, Washington, D.C. partner Andrew Tulumello and Denver of counsel Jessica Sanderson are the authors of "2010 Year-End False Claims Act Update: Part 2" [PDF] published in the April 2011 issue of Westlaw Journal's Health Care Fraud.

Client Alert | April 1, 2011

UK Government and Serious Fraud Office Publish Guidance on the Bribery Act

Printable PDFOn 30 March 2011, the UK's Ministry of Justice published its long-awaited (and repeatedly delayed) Bribery Act 2010 guidance (the "Guidance") on the "adequate procedures" that businesses should implement both to prevent persons associated with them from paying bribes and to qualify for the Act's safe harbour from corporate liability for failure to prevent bribery.

Client Alert | March 31, 2011

SEC Proposes Rules on Compensation Committee Independence and the Role of Compensation Consultants and Other Advisers

Printable PDFOn March 30, 2011, the Securities and Exchange Commission (the "SEC") voted unanimously to propose rules implementing Section 952 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") relating to:  (1) compensation committee member independence; (2) compensation consultant and other adviser independence; and (3) compensation committee authority to retain, and disclosure regarding use of, compensation consultants and other advisers.  In our July 21, 2010 client memorandum, available here, we describe in detail Section 952 of the Dodd-Frank Act, which added a new Section 10C to the Securities Exchange Act of 1934 (the "Exchange Act").The proposing release is available here.  The SEC is seeking public

Client Alert | March 31, 2011