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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Los Angeles of counsel Brett H. Oberst and associates Lynn Hang and Lindsey K. Larris are the authors of "Obama and EPA Take on TSCA Reform" [PDF] published in the February 2010 issue of The Environmental Reporter.
Client Alert | February 2, 2010
On December 8, 2009, the French Supreme Court issued a decision impacting companies having operations in France and subject to the "whistle-blowing" requirements provided for by Section 301(4) of the Sarbanes-Oxley 2002 Act.In 2004 and 2007, Dassault Systèmes ("Dassault") - the holding company of the Dassault group - adapted its "Code of Business Conduct" (the "Code") to provide for a whistle-blowing procedure.The Code described the procedure as being "neither mandatory nor exclusive. Any person having knowledge of material breaches of the principles described in the Code of Business Conduct in financial, accounting or banking matters or relating to anticorruption issues and which deems it appropriate may communicate such breac
Client Alert | February 1, 2010
The current economic and regulatory landscape poses unprecedented challenges for public companies and their boards of directors. They are facing scrutiny from shareholders, Congress, regulators and the public, and new proposals to address the causes of the financial crisis have been emerging on almost a daily basis for over a year now.Some of these proposals have been adopted and some remain under consideration at a time when calendar-year companies are preparing for the 2010 proxy season, complicating the planning process. Of particular note, in December, the Securities and Exchange Commission ("SEC") adopted new proxy disclosure rules that likely will be a focal point for public company directors, as the new rules relate to disclosures regarding the composition and
Client Alert | February 1, 2010
Washington, D.C. partner David Burns and San Francisco associates Joshua Hess and Russell Gold and Washington, D.C. associate Geoffrey Weien are the authors of "2009 Year-End Criminal Antitrust Review" [PDF] published in the February 2010 issue of Global Competition Review.
Client Alert | February 1, 2010
Los Angeles partner Gareth Evans and New York of counsel Farrah Pepper are the authors of "E-Discovery Principles Revisited" [PDF] published in the January 28, 2010 issue of The Daily Journal.
Client Alert | January 28, 2010
During the last decade, activist shareholders and corporate governance groups have been fairly successful in pressuring companies to voluntarily surrender a number of anti-takeover defenses, most notably the use of staggered boards and shareholder rights plans (also referred to as "poison pills").
Client Alert | January 28, 2010
On January 15, 2010, the Third Circuit Court of Appeals issued a decision affecting the approval of break-up fees in connection with Section 363 bankruptcy sales.
Client Alert | January 27, 2010
Recent events in courtrooms and in the news highlight the potential significance of so-called "outlier" electronically stored information (ESI) -- such as that found on cell phones and PDAs, voice mail systems, instant messaging systems, chat rooms, and websites.
Client Alert | January 27, 2010
A recent federal district court decision in Maryland confirms that the restrictions of the Endangered Species Act (hereinafter "ESA") will be deemed to fully apply to renewable energy projects.
Client Alert | January 25, 2010
Since the mid-1990s, following amendments to the U.S. Patent Act, the United States Patent and Trademark Office has issued patents with a term of 20 years following the filing of an application. Due to concerns that delays in prosecution would diminish the effective lifespan of a patent, Congress legislated that the term of a patent be extended if the USPTO caused certain types of delays in prosecution through no fault of the applicant. However, the statute does not allow the adjustment to include any "periods of delay .
Client Alert | January 22, 2010
On January 21, 2010, the U.S.
Client Alert | January 22, 2010
In this communication, we discuss the background and history of the so-called "incentive compensation" provision of the Higher Education Act ("HEA"), which is at the core of many of the False Claims Act lawsuits that have been filed against educational institutions.
Client Alert | January 21, 2010
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
Client Alert | January 21, 2010
As the German economy continues to suffer heavily from the consequences of the global financial crisis, 2009 saw the introduction of many changes in the fields of corporate, securities and banking law.
Client Alert | January 20, 2010
While compliance professionals are grappling with developing, implementing and monitoring effective compliance programs and the reality of reduced resources and budgets, the risks involved in non-compliance are higher than ever.
Client Alert | January 20, 2010
Paris partner Jérôme Delaurière is the author of "La TVA sur marge des marchands de biens est-elle conforme au droit communautaire?" [PDF] published in the January 18, 2010 issue of Option Finance (n°1060).
Client Alert | January 18, 2010
Los Angeles partners Michael Farhang and Debra Wong Yang were panelists in the "White Collar Roundtable 2010" [PDF] published in the January 2010 issue of California Lawyer.
Client Alert | January 18, 2010
Electronic discovery is one of the most rapidly developing and increasingly important areas of interest for our clients. The past year featured the continued refinement of best practices in e-discovery law, as both courts and litigants continued their struggle to balance cost-effective approaches to discovery with the right to equitable access to discoverable information. The coming year is poised to be another one of significant developments. Our Electronic Discovery and Information Law Practice Group will be carefully watching and reporting these developments to you throughout the year.This 2009 year-end update provides an overview and analysis of the recent trends in e-discovery law, as well as a survey of case law developments. For more in-depth treatment of the
Client Alert | January 15, 2010
I. Overview of DevelopmentsEnforcement in the health care compliance arena exploded in 2009, with more enforcement actions, bigger financial penalties, tougher settlement terms, and higher stakes for individuals--including prison sentences. Many of the top companies in the health care industry found themselves in the government's crosshairs this year, with some entering into record-breaking settlements. But smaller players were hardly immune from scrutiny, with many similarly targeted in 2009. This increased regulatory and prosecutorial emphasis on health care compliance was hardly an anomaly; all signs point to a continuation of this upward trend in 2010 and beyond.With the current push for reform, health care's significance in the American dialogue has increased m
Client Alert | January 14, 2010
Plaintiffs Sanctioned for Failure to Implement Proper Litigation Hold and for Conducting Discovery in an "Ignorant and Indifferent Fashion"Although 2010 has just begun, there has already been a significant development in the area of electronic discovery. Judge Shira Scheindlin of the U.S.
Client Alert | January 14, 2010