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In a move that will likely trigger an increase in whistleblower allegations and investigations, on July 23, 2010, the U.S. Securities and Exchange Commission ("Commission") announced that it had awarded a $1 million bounty to Karen Kaiser for providing information and documents leading to the collection of civil penalties in the Commission's insider trading actions in May of this year against Pequot Capital Management, Inc.
Client Alert | July 27, 2010
After months of intense political wrangling, furious lobbying and cogitation of an unprecedented number of amendments ... industry was led to believe that we were close to a settled form of text for the proposed new EU Alternative Investment Fund Managers (AIFM) Directive. Alas, no. The European Parliament and the European Council have alternative versions of the Directive which are ...
Client Alert | July 26, 2010
Munich partner Mark Zimmer and associate Robert C.J. Heymann are the authors of "Beteiligungsrechte des Betriebsrats bei unternehmensinternen Ermittlungen" [PDF] published in the July 26, 2010 issue of Betriebs-Berater's Arbeitsrecht.
Article | July 26, 2010
Printable PDF Dodd-Frank Wall Street Reform and Consumer Protection Act Signed by the President On July 21, 2010, President Barack Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act, the most sweeping financial reform legislation in over a generation.
Client Alert | July 23, 2010
On June 30, 2010, the Telecom Regulatory Authority of India ("TRAI") issued recommendations proposing changes to the existing policy on foreign investment in the broadcasting sector ("Recommendations") which was required in light of the amendments to the method of calculating the level of foreign investment in Indian companies as set out in the consolidated foreign direct investment policy issued by the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India ("GoI") on March 31, 2010 ("Policy").
Client Alert | July 23, 2010
Printable PDF The principal mechanism for U.S. shareholder participation in corporate governance is being comprehensively scrutinized by the Securities and Exchange Commission (the "SEC") for the first time in almost thirty years.
Client Alert | July 22, 2010
Los Angeles partner Gareth Evans, New York of counsel Farrah Pepper and San Francisco associates Matthew S. Kahn and Jenna Musselman Yott are the authors of "2010 Mid-Year Report on Electronic Discovery and Information Law" [PDF] published in the July 22, 2010 issue of BNA's Digital Discovery and E-Evidence Report.Reproduced with permission from Digital Discovery and E-Evidence Report, 10 DDEE 12 (July 22, 2010). Copyright 2010 by The Bureau of National Affairs, Inc.
Client Alert | July 22, 2010
During the midst of the financial crisis, the continued existence, much less powers, of the Securities and Exchange Commission were in doubt. But in the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Commission emerged with expanded jurisdiction over hedge funds, credit ratings agencies, and governance of public companies, among other areas. To help implement this authority, the Dodd-Frank Act added several new weapons to the Commission's already substantial enforcement arsenal. Some of the provisions are clarifications (such as provisions assuring that certain anti-manipulation provisions extend to all non government securities) or simplify the enforcement process (such as providing for nationwide service of process in civil actions).Several of the p
Client Alert | July 21, 2010
Printable PDFOn July 20, 2010, the Financial Accounting Standards Board ("FASB") issued an exposure draft (the "Exposure Draft") containing proposed amendments to Accounting Standards Codification Topic 450-20 (formerly Financial Accounting Standard No.
Client Alert | July 21, 2010
Printable PDF On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act," available here), the most far-reaching financial regulatory reform legislation in decades.
Client Alert | July 21, 2010
Historic liabilities arising from defined benefit pension schemes continue be a significant feature of the corporate landscape in the UK. The Pensions Regulator has sweeping powers to make orders to ensure that historic liabilities are adequately provided for. Under the Pensions Act 2004 the Pensions Regulator has the power to make orders that could have extra-territorial application and effect. The Pensions Regulator has, for the first time, exercised its enforcement powers to require a Dutch parent company to make a sizable lump sum contribution to make good the deficit in the pension scheme of its UK subsidiary. The Pensions ProblemDuring the last 10-20 years a large number of employers in the UK have scaled back their employee pension arrangements.
Client Alert | July 20, 2010
In a sign of the Obama administration's continued emphasis on anti-fraud enforcement in the health care field, the joint Department of Justice-Health and Human Services Medicare Fraud Strike Force charged ninety-four people on Friday for their alleged participation in schemes to collectively submit more than $251 million in false claims to the Medicare program. The takedown, which included arrests in Brooklyn, Miami, Baton Rouge, Detroit, and Houston, was the largest operation by the task force since its inception in 2007.The arrests were announced by officials at the highest level of the Department of Justice (DOJ) and the Department of Health and Human Services (HHS), including Attorney General Eric Holder, HHS Secretary Kathleen Sebelius, Assistant Attorney General Lanny A.
Client Alert | July 19, 2010
New York partner Lee Dunst is the author of "On the Frontier of Alien Tort Claims" [PDF] published in the July 19, 2010 issue of the New York Law Journal.
Client Alert | July 19, 2010
On July 15, 2010, the Senate voted (60-39) to approve the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"), which is expected to be signed into law next week by President Obama. Included among the Act's sweeping changes to the regulation of the U.S.
Client Alert | July 16, 2010
PDF Version On July 16, 2010, the U.S. Securities and Exchange Commission (the "SEC") announced that the Division of Corporation Finance (the "Division") will create three new specialized offices that are intended to focus the Division's resources on critically important institutions and financial products.
Client Alert | July 16, 2010
Throughout the financial regulatory reform debate, designing a regulatory framework for the derivatives market has been one of the most contentious issues.
Client Alert | July 16, 2010
On June 14, 2010, the United States Supreme Court granted a writ of certiorari to review the decision of the Ninth Circuit in Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir.
Client Alert | July 15, 2010
This 2010 Mid-Year Update provides an overview of recent e-discovery developments and trends, based on Gibson Dunn's review of 103 e-discovery decisions issued between January 1 and June 17, 2010. The following are highlights:Like last year, sanctions and cooperation were dominant themes in the first half of 2010. Motions to compel and privilege disputes also continued at a steady pace. We noted fewer decisions regarding preservation, form of production, and accessibility of data. Courts have concentrated on more nuanced factual scenarios and discovery disputes arising farther along in the discovery process, such as iterative search terms, protective orders and the application of Federal Rule of Evidence 502. We also noted a substantial increase in decisions a
Client Alert | July 13, 2010
Gibson Dunn New York partner Lee Dunst, London partner Philip Rocher, London senior counsel Charles Falconer and New York associate Elizabeth Goergen are the authors of "The Long Arms of UK and US Law," which is an extract from Latin Lawyer Magazine, Volume 9, Issue 6.
Client Alert | July 12, 2010
This alert covers the Dodd-Frank Wall Street Reform and Consumer Protection Act and its "Volcker Rule" provisions, prior to its passage in 2010.
Client Alert | July 12, 2010