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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The Empire State Strikes Back

New York partner Alexander Southwell, Denver of counsel Jessica Sanderson and New York associate Sharon Grysman are the authors of "The Empire State Strikes Back" [PDF] published by Law360 at www.law360.com on March 2, 2011.

Client Alert | March 2, 2011

Private Equity Strategies for Exiting a Leveraged Buyout

New York partner Rashida K. La Lande is the author of "Private Equity Strategies for Exiting a Leveraged Buyout" [PDF] published by the Practical Law Company in March 2011.

Client Alert | March 1, 2011

The Model Business Corporation Act and Corporate Governance: An Enabling Statute Moves Toward Normative Standards

Washington, D.C. partner John Olson and associate Aaron Briggs are the authors of "The Model Business Corporation Act and Corporate Governance: An Enabling Statute Moves Toward Normative Standards" [PDF] published in the Winter 2011 issue of Law and Contemporary Problems.

Client Alert | March 1, 2011

2010 Year-End False Claims Act Update: Part 1

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 1" [PDF] published in the March 2011 issue of Westlaw Journal's Health Care Fraud.

Client Alert | March 1, 2011

United States and United Nations Impose Sanctions Against Libya

On Friday, February 25, 2011 President Obama issued an Executive Order blocking property and prohibiting certain transactions related to Libya.

Client Alert | February 28, 2011

A Return to the Wild West for Calif. UCL Actions

Los Angeles partner Gail Lees, San Francisco partner G. Charles Nierlich, Washington, D.C. partner Andrew Tulumello and Los Angeles partner Christopher Chorba are the authors of "A Return to the Wild West for Calif.

Client Alert | February 28, 2011

Securities Enforcement 2010 Year-End Review

New York partners Mark K. Schonfeld and Barry R. Goldsmith, Washington, D.C. partner John H. Sturc, and Denver associate Monica K. Loseman are authors of "Securities Enforcement 2010 Year-End Review" [PDF] published in the February 2011 issue of INSIGHTS, Volume 25, Number 2.

Client Alert | February 28, 2011

How the U.S. Government’s Market Activities Can Bolster Mobile Banking Abroad

Los Angeles associate Colin C. Richard is the author of "How the U.S. Government's Market Activities Can Bolster Mobile Banking Abroad," published in the Washington University Law Review, February 2011. 

Client Alert | February 28, 2011

FAPIIS, OCI and Proposed DFARS Rule to Require Withholding of Payments to Contractors for Deficient Business Systems

Washington, D.C. partner Diana Richard spoke at Thomson West's Government Contracts Year In Review on FAPIIS, OCI and Proposed DFARS Rule to Require Withholding of Payments to Contractors for Deficient Business Systems [PDF].

Client Alert | February 25, 2011

2010 Year-End OFAC Update

Printable PDF The year 2010 saw increasing "power ball" fines and an increasing focus on export enforcement at the Office of Foreign Assets Control ("OFAC") within the United States Department of the Treasury.

Client Alert | February 23, 2011

California Supreme Court Holds That Recording Customers’ ZIP Codes in Credit Card Transactions Can Violate California Consumer Law

Printable PDFOn February 11, 2011, the California Supreme Court issued Pineda v. Williams-Sonoma Stores, Inc., 2011 WL 446921, -- Cal. 4th -- (Cal. Feb.

Client Alert | February 23, 2011

Scheindlin’s ‘Day Laborer’ Decision: Much Ado About Metadata

​New York partner Jennifer Rearden is the author of "Scheindlin's 'Day Laborer' Decision: Much Ado About Metadata" [PDF] published on February 22, 2011 in Legal Technology News.

Article | February 22, 2011

Germany to Ban “Stealth Takeover” Strategies

On February 11, 2011, the German Parliament approved the bill for the so-called "Investor Protection and Capital Markets Improvement Act" (Anlegerschutz- und Funktionsverbesserungsgesetz) which is part of the ongoing legislative activity responding to the financial crisis.

Client Alert | February 18, 2011

Delaware Chancery Court Upholds Airgas Poison Pill

Printable PDFOn February 15, 2011, the Delaware Court of Chancery issued an important opinion upholding the continued vitality of the poison pill as an appropriate defensive measure for companies faced with takeover proposals deemed inadequate by the target's board of directors.  Chancellor Chandler's 158 page decision in Air Products & Chemicals, Inc.

Client Alert | February 17, 2011

U.S. SEC Extends the Customer Identification Program No-Action Letter for Broker-Dealers and Changes the Terms

On January 11, 2011, the U.S. Securities and Exchange Commission ("SEC"), in consultation with the Department of the Treasury, Financial Crimes Enforcement Network ("FinCEN"), again extended the Bank Secrecy Act ("BSA") Customer Identification Program ("CIP") no-action letter (initially issued in 2004) relating to broker-dealer reliance on SEC registered investment advisers ("RIAs").  As previously, the extension was granted at the request of the Securities Industry and Financial Markets Association ("SIFMA").

Client Alert | February 17, 2011

The SEC Begins to Part Ways with Credit Ratings Pursuant to Dodd-Frank Stricture

On February 9, 2011, the Securities and Exchange Commission ("SEC") proposed to amend the SEC's rules to eliminate credit rating as one of the "transaction requirement" criteria by which an issuer can qualify for the short-form registration process, most notably under Forms S-3 and F-3.

Client Alert | February 15, 2011

The Expanding Role of Deferred And Nonprosecution Agreements: The New Normal for Handling Corporate Misconduct

Washington, D.C. partner F. Joseph Warin and associates Brian Baldrate and Trent Benishek are the authors of "The Expanding Role of Deferred And Nonprosecution Agreements: The New Normal for Handling Corporate Misconduct" [PDF] published in the February 11, 2011 issue of BNA's White Collar Crime Report.

Client Alert | February 11, 2011

E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26(f) Duties

Judge Shira Scheindlin--author of the well-known Zubulake and Pension Committee opinions--has issued a new decision addressing (1) the acceptable format for the production of electronically stored information ("ESI"), (2) whether and to what extent parties must produce metadata, and (3) counsel's communication and cooperation obligations regarding these issues in the Rule 26(f) early meeting of counsel and elsewhere.

Client Alert | February 10, 2011

Thinking Strategically About Petroleum Contamination

Washington, D.C. partner Michael Murphy and associate Zia Oatley are the authors of "Thinking Strategically About Petroleum Contamination" [PDF] published by Law360 at www.law360.com on February 9, 2011.

Client Alert | February 9, 2011

OSHA Announces Temporary Retreat Regarding Noise and Musculoskeletal Initiatives

In recent weeks OSHA has announced delays to two of its key regulatory initiatives:  noise standards and ergonomics.  On January 19, OSHA announced that it would withdraw its reversal of a 28-year policy regarding the enforcement of the noise standard; in general the about-face would have required employers to reduce workplace noise exposure with potentially costly administrative and engineering controls, instead of simply providing effective personal protective equipment ("PPE").  Since 1983, OSHA's enforcement policy regarding noise was to allow employers to rely on a hearing conservation program based upon PPE if the program reduced noise exposures to acceptable levels and was less costly than administrative engineering controls.  In October 2010, OSHA anno

Client Alert | February 9, 2011