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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Amendments to the EU Prospectus Directive: Summary of Key Changes

This Alert summarizes certain key changes to the EU Prospectus Directive (2003/71/EC) which were approved by the EU Parliament on June 17, 2010 (the "Amending Directive").

Client Alert | June 23, 2010

‘Ordinary Course of Business’ In Debt Agreements

New York partner Joerg H. Esdorn, associate Aaron D. Simowitz and summer associate Daniel Freeman are the authors of "'Ordinary Course of Business' In Debt Agreements" [PDF] published online by Law360 on June 22, 2010 at law360.com.

Article | June 22, 2010

Unanimous U.S. Supreme Court Ruling in “Quon” Highlights Importance of Employer Technology-Usage and Privacy Policies

On June 17, 2010, the United States Supreme Court unanimously decided City of Ontario v. Quon, No. 08-1332, 560 U.S.

Client Alert | June 18, 2010

Agilent Technologies v. Kirkland: Inventions Assignment Obligations and Equitable Considerations

Los Angeles partner Ron Ben-Yehuda and associate Benyamine S. Ross are the authors of "Agilent Technologies v. Kirkland: Inventions Assignment Obligations and Equitable Considerations" [PDF] published in the June 2010 issue of Bloomberg Law Reports -  Intellectual Property.

Client Alert | June 8, 2010

Supreme Court Round-Up: A Summary of Recent Opinions, Upcoming Arguments, and Other Developments – June 4, 2010

As the Supreme Court proceeds through its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court.

Client Alert | June 4, 2010

Delaware Chancery Court Addresses Standard for Evaluating Controlling Stockholder Tender Offers

In a recent ruling with important implications for parties structuring minority freeze-out transactions, Vice Chancellor Travis Laster of the Delaware Court of Chancery embraced a unified standard for reviewing such transactions, regardless of whether they are effected by means of a negotiated merger or a unilateral tender offer.  In In re CNX Gas Corp.

Client Alert | June 4, 2010

U.S. Congress Renews Civil Leniency for Companies That Self-Report Sherman Act Criminal Violations

On May 27, 2010, Congress passed a bill extending the civil leniency provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ("ACPERA") for another ten years.  President Obama is expected to sign the extension into law.

Client Alert | June 4, 2010

The Pervasive Problem of Numerosity

New York partner David Feldman and associate Keith Martorana are the authors of "The Pervasive Problem of Numerosity" [PDF] published online by Law360 on June 2, 2010 at law360.com.

Client Alert | June 2, 2010

U.S. Supreme Court Decision Revisits Meaning of “Contract, Combination or Conspiracy” Under §1 of the Sherman Act

On May 24, 2010, the Supreme Court of the United States revisited what it means to engage in a "contract, combination..., or conspiracy" as defined by §1 of the Sherman Act, 15 U.S.C.

Client Alert | June 1, 2010

Carried Interest Tax Legislation Passed by House, But Senate Prospects Uncertain

The American Jobs and Closing Tax Loopholes Act of 2010 (the "Bill") was passed by the House on May 28, 2010, and includes a provision that generally will tax a portion of the income and gains associated with "carried interests" as ordinary income.  While the carried interest provisions of the Bill are substantially similar to legislation proposed last year, there are several important differences.  The Senate is expected to take up the Bill during the week of June 7, after the Memorial Day recess.

Client Alert | May 28, 2010

Preparing for the Conference: A Comprehensive Review of the Senate Financial Reform Bill

On May 20, 2010, after three weeks of floor debate, five cloture votes, and nearly a year of development, the "Restoring American Financial Stability Act of 2010" passed the Senate by a vote of 59-39.

Client Alert | May 27, 2010

Strategies for Allocating Long-Term Value In Fashion and Apparel License Agreements

New York partner Lois F. Herzeca is the author of "Strategies for Allocating Long-Term Value In Fashion and Apparel License Agreements" [PDF] published in the May 2010 edition of Entertainment Law and Finance.

Article | May 21, 2010

Reevaluating the Rules for E-Discovery

In 2006 and 2009, changes were made to the federal and California discovery rules in order to adapt them to certain unique issues arising out of e-discovery, including the preservation and production of electronically stored information (ESI).  However, these changes failed to fully appreciate deeper changes that ESI has wrought to the nature of discovery.  The myriad moving parts of the modern IT infrastructure make it remarkably easy to find some fault or error in most e-discovery cases, increasing the opportunities for satellite litigation as well as the costs to clients.

Client Alert | May 21, 2010

EU Cartel Settlement Procedure Applied for First Time in DRAM Case

In June 2008, the European Commission introduced a settlement procedure for cartels cases. The new procedure was designed to allow the European Commission to handle cartel cases more quickly, thereby freeing up resources to be used to launch new cartel investigations.

Client Alert | May 20, 2010

German Securities Regulator Prohibits Uncovered Short-Selling Transactions and Uncovered CDS in Government Bonds of Euro Zone Effective as of Today

On May 18, 2010, and with effect as of May 19, 2010, 00:00 hrs CET, the German Federal Financial Supervisory Authority ("BaFin") temporarily prohibited uncovered short sales of debt securities of euro zone countries admitted on a German exchange to trading on the regulated market.

Client Alert | May 19, 2010

European Parliament and Council Back New Alternative Investment Fund Rules

The continuing saga of the Alternative Investment Fund Managers Directive (the Directive) of the European Union is causing heartburn throughout the world's financial capitals.

Client Alert | May 19, 2010

FCPA Compliance In China and the Gifts and Hospitality Challenge

Washington, D.C. partner F. Joseph Warin and associates Michael Diamant and Jill M. Pfenning are the authors of "FCPA Compliance In China and the Gifts and Hospitality Challenge" [PDF] published in the Spring 2010 issue of Virginia Law & Business Review.The article is also posted online at http://www.virginialawbusrev.org/ 

Client Alert | May 19, 2010

Environmental News: Climate Change – May 2010

May 2010The sixth issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available.  We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.

Client Alert | May 17, 2010

A New (and Old) Twist on Preemption – the Regulatory Compliance Defense

Los Angeles of counsel Brett H. Oberst and associate Matthew Wickersham are the authors of  "A New (and Old) Twist on Preemption – the Regulatory Compliance Defense " [PDF] published in the May 13, 2010 issue of BNA Inc.'s Toxics Law Reporter.

Client Alert | May 13, 2010