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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An Introduction to the Principal Stock Exchanges of the UAE, Saudi Arabia, Kuwait and Bahrain

Dubai partner Nick Tomlinson and associate Hanna Chalhoub are the authors of "An Introduction to the Principal Stock Exchanges of the UAE, Saudi Arabia, Kuwait and Bahrain" [PDF].

Client Alert | October 14, 2010

Beware The Constructive Trust Claim

Orange County partner Craig Millet is the author of "Beware The Constructive Trust Claim" [PDF] published by Law360 on October 13, 2010 at www.law360.com.

Client Alert | October 13, 2010

Delaware Court of Chancery Issues Important Opinion for Corporations with Staggered Boards

On October 8, 2010, the Court of Chancery of Delaware issued an important opinion, Airgas, Inc. v. Air Products & Chemicals, Inc. (Del. Ch. Oct. 8, 2010), with significant implications for public corporations with staggered boards.

Client Alert | October 12, 2010

FinCEN Proposes Reporting of Cross-Border Electronic Transmittals of Funds

On September 30, 2010, the United States Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) published in the Federal Register its long-awaited notice of proposed rulemaking (NPRM) that would require certain banks and money transmitters to report to FinCEN transmittal orders associated with certain cross-border electronic transmittals of funds (CBETFs).

Client Alert | October 12, 2010

Sourcing Capital In The United States and Beyond: Be Prepared For What International Investors Expect

Dubai partner Nick Tomlinson and Washington, D.C. partner C. William Thomas are the authors of "Sourcing Capital In The United States and Beyond: Be Prepared For What International Investors Expect" [PDF].

Client Alert | October 12, 2010

Repeal of Credit Ratings Agency Exemption from Regulation FD

On September 29, 2010, the SEC amended Regulation FD to remove the express exemption for disclosures of material non-public information to credit rating agencies (former Rule 100(b)(2)(iii) of Regulation FD), as required under Section 939B of the Dodd-Frank Act.

Client Alert | October 11, 2010

Dodd-Frank’s “Say-on-Pay” Provisions

Orange County of counsel David C. Lee and associate Brian D. O'Neill are the authors of "Dodd-Frank's 'Say-on-Pay' Provisions" [PDF] published in the October 2010 issue of Insights.

Client Alert | October 11, 2010

Proxy Access Litigation and Next Steps

Printable PDFThe following provides an update on the litigation challenging the "proxy access" rules adopted by the Securities and Exchange Commission ("SEC" or "Commission"), and also discusses steps companies should consider during the pendency of the litigation.  Our client alert dated August 25, 2010, available here, provided an overview of the proxy access rules.  Gibson, Dunn & Crutcher LLP is representing the plaintiffs, or "petitioners," in the case, Business Roundtable and the U.S.

Client Alert | October 8, 2010

De la conformite du droit d’enquete TVA avec la Convention EDH

Paris partner Jérôme Délaurière and associate Charlotte Prest are the authors of "De la conformité du droit d'enquête TVA avec la Convention EDH" [PDF]  published in the October 2010 issue of the Revue du Droit Fiscal.   For the full article please refer to issue number 40 of the Revue du Droit Fiscal.

Client Alert | October 7, 2010

IRS Issues Guidance on New FATCA Withholding Obligations

The Hiring Incentives to Restore Employment Act (the HIRE Act), in an effort to reduce the evasion of U.S. tax obligations through the establishment of accounts at foreign financial institutions (FFIs) or by holding assets through other, nonfinancial foreign entities (NFFEs), included provisions commonly referred to as FATCA.

Client Alert | October 7, 2010

Delaware Court of Chancery Issues Important Poison Pill Opinion

New York partner Eduardo Gallardo and associate Sharon I. Grysman are the authors of "Delaware Court of Chancery Issues Important Poison Pill Opinion" [PDF] published in the October 2010 issue of Insights.Reprinted with the permissions of Aspen Publishers www.aspenpublishers.com.

Client Alert | October 6, 2010

UK Equality Act 2010 — Compliance Review

The bulk of the Equality Act 2010 (the "EA2010") came into force at the beginning of October 2010.  Those based in the UK have probably seen a lot of coverage about the more controversial aspects of the EA2010.  We summarise below what this means for most employers in practice and the practical steps that employers should be taking.  We would also like to offer our help.  BackgroundThe purpose of the EA2010 is to consolidate all existing discrimination legislation into one single statute.  The new legislation runs to 251 pages and contains 28 schedules.  Whilst the EA2010 has been billed by some commentators as the biggest overhaul of equality legislation in a generation, the EA2010 is largely a consolidating measure which is designed to iron out a n

Client Alert | October 5, 2010

Disclosure of Adviser Conflicts — When Is It Enough?

Investment advisers have a duty to disclose material conflicts of interest to clients.  The more difficult question is: "how much disclosure is enough?"  In a recent settled enforcement action, the SEC suggests that disclosure of material facts alone may not be sufficient, and that more explicit disclosure is needed when investment advice may result in additional compensation to the adviser.

Client Alert | October 1, 2010

Six Ways a Board can Manage FCPA Risk

New York partner Joel M. Cohen and associate M. Jonathan Seibald are the authors of "Six Ways a Board can Manage FCPA Risk" [PDF], published by Corporate Board Member on October 1, 2010.

Client Alert | October 1, 2010

Overview of the New Colorado Medicaid False Claims Act

Denver partner Robert Blume, of counsel Jessica Sanderson and associate Brian Baak are the authors of "Overview of the New Colorado Medicaid False Claims Act," [PDF] published by The Colorado Lawyer on October 1, 2010.

Article | October 1, 2010

Supreme Court Round-Up: A Summary of Upcoming Arguments and Other Developments – September 30, 2010

As the Supreme Court opens its 2010 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in cases that will be argued, as well as other key developments at the Court.  The Court has already accepted more than fifty cases for argument this Term, including six cases in which Gibson Dunn is involved.  With arguments scheduled to begin next week, the Round-Up provides a snapshot of the issues that are at the forefront of the Court's docket.Spearheaded by former Solicitor General Theodore B.

Client Alert | September 30, 2010

Prospectus Directive amendments – discussion of key changes

London partner Dorothee Fischer-Appelt is the author of "Prospectus Directive amendments - discussion of key changes" [PDF] published in the September 2010 issue of Law and Financial Markets Review (pp.

Client Alert | September 27, 2010

The Upswing In US and UK Anti-Bribery Enforcement

New York partner Lee Dunst and associate Elizabeth Goergen are the authors of "The Upswing In US and UK Anti-Bribery Enforcement" [PDF] published online by Law360 on September 24, 2010 at www.law360.com.

Client Alert | September 24, 2010

UK Bribery Act “Adequate Procedure” Draft Guidance Published

In anticipation of the April 2011 implementation of the new UK Bribery Act 2010 (the "Act"), on September 14, 2010, the UK Ministry of Justice launched an eight-week consultation regarding the Government's proposed guidance to commercial organisations on the prevention of bribery.  The consultation features the publication of draft guidance on the "adequate procedures" defence under the Act.

Client Alert | September 22, 2010

Executive Compensation, Corporate Governance and Other Securities Disclosure Provisions in the Dodd-Frank U.S. Financial Regulatory Act

Washington, D.C. partners Amy Goodman, Ronald Mueller and Elizabeth Ising are the authors of "Executive Compensation, Corporate Governance and Other Securities Disclosure Provisions in the Dodd-Frank U.S.

Client Alert | September 21, 2010