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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New York associate Farrah Pepper is the author of "To Have and to Hold: A Romantic Guide to Document Preservation" [PDF] published online by ALM on December 16, 2009 at law.com.
Client Alert | December 16, 2009
The Weapon Systems Acquisition Reform Act of 2009 (WSARA) was signed into law by President Obama on May 22, 2009. Section 207 of WSARA requires the Secretary of Defense to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to "provide uniform guidance and tighten existing requirements for organizational conflicts of interest by contractors in major defense acquisition programs." The Department of Defense (DoD) will likely issue a proposed rule on organizational conflicts of interest (OCI) sometime during the coming months.
Client Alert | December 15, 2009
In his presentation of Pre-Budget Report -- Securing the Recovery: Growth & Opportunity (PBR), released on Wednesday, the UK's Chancellor of the Exchequer, Alistair Darling, unveiled a one-off "bank payroll tax" of 50 per cent on bank bonus payments which takes effect immediately and runs (unless extended!) until 5 April 2010.In the 216 page report, HM Treasury proudly notes that the UK has been at the forefront of international financial regulatory reform through its Presidency of the G20.
Client Alert | December 11, 2009
Recent Developments, Including the Draft Regulations Proposing to Eliminate the Safe Harbors, Could Increase the Number of Lawsuits Brought Against For-Profit SchoolsThis is our first of what we anticipate to be periodic communications regarding developments or issues relating to fraud investigations or lawsuits involving for-profit providers of post-secondary education. Unfortunately for the industry, over the past several years there have been a large number of False Claim Act (qui tam) lawsuits brought against for-profit schools. Because we have substantial experience handling these sorts of lawsuits (and all of the related issues), we thought it would be helpful to share with you our thoughts and analyses regarding issues that we believe are relevant to the industry.
Client Alert | December 10, 2009
New York partner Mark K. Schonfeld is the author of "Courting Cooperators: The SEC's Effort to Motivate Individual Cooperation" [PDF] published in the December 9, 2009 issue of BNA's Corporate Counsel Weekly.Reproduced with permission from Corporate Counsel Weekly Newsletter, 24 CCW 376(Dec.
Client Alert | December 9, 2009
On November 20, 2009, the United States Court of Appeals for the Second Circuit issued a decision reversing summary judgment for a financial services firm in a wage and hour action filed under the Fair Labor Standards Act ("FLSA"). Whalen v. J.P.
Client Alert | December 9, 2009
December 2009 The fifth 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 | December 8, 2009
Gibson, Dunn & Crutcher is closely tracking key legislative matters as the first session of the 111th Congress draws to a close. This update focuses on H.R.
Client Alert | December 8, 2009
Recognizing that "financial institutions face significant challenges when working with commercial real estate ("CRE") borrowers that are experiencing diminished operating cash flows, depreciated collateral values, or prolonged sales and rental absorption rates," recently, members of the Federal Financial Institutions Examination Council ("FFIEC") (collectively, the "Regulators") adopted a new policy (the "Policy") that advocates the prudent workout of CRE loans. The purpose of the Policy is threefold--(1) to promote consistency among examiners responsible for evaluating financial institutions' efforts to renew or restructure loans; (2) to enhance the transparency of CRE workout transactions; and (3) to ensure that supervisory po
Client Alert | December 7, 2009
On November 19, 2009, RiskMetrics Group (RiskMetrics), a leading proxy advisory firm, released its U.S. and international corporate governance policy updates for the 2010 proxy season. Please see the U.S.
Client Alert | December 7, 2009
In late 2009, a California appellate court reaffirmed longstanding California law that limits the fiduciary duties directors owe to creditors and rejected extending fiduciary duties to creditors during the corporation's vague zone of insolvency.
Client Alert | December 7, 2009
On November 25, 2009, the Securities and Exchange Commission ("SEC") approved amendments to the corporate governance listing standards of the New York Stock Exchange ("NYSE"). The changes will take effect on January 1, 2010. As discussed in more detail below, the amendments, which the SEC approved in the form proposed in the NYSE's original release: (1) codify certain staff interpretations, (2) clarify various disclosure requirements, and (3) incorporate applicable SEC disclosure requirements into the NYSE listing standards. Because most of the amendments conform the NYSE listing standards to existing SEC rules, or are of a clarifying or updating nature, they should necessitate only minimal changes to a listed company's governance practices and disclos
Client Alert | December 4, 2009
Orange County partner Teresa J. Farrell and associate J.R. Sechrist are the authors of "Is There a Receiver in Your Life?" [PDF] publihsed in the December 2009 issue of Orange County Business Journal.
Client Alert | December 2, 2009
Denver of counsel Jessica H. Sanderson is the co-author of "False Claims Act Update" published in the December 2009 issue of the Financial Fraud Law Report.
Client Alert | December 1, 2009
Los Angeles partner Gareth Evans and New York associate Farrah Pepper are the authors of "Court Holds U.S. Discovery Rules Trump French Law and Hague Convention" [PDF] published in the December 1, 2009 issue of BNA's Digital Discovery and E-Evidence.
Article | December 1, 2009
Los Angeles partner Bradford Weirick and associates William L. Wortmann, Ciara Stephens and Michele Barinsky are the authors of "Down Round (and Cram Down) Financings in Today's Market" [PDF] published in the December 2009 issue of Bloomberg Law Reports.
Client Alert | December 1, 2009
Los Angeles of counsel Brett H. Oberst and Washington, D.C. associates Matthew R. Estabrook and Daniel E. Schmitt are the authors of "Nanotechnology Regulation: A Small Reminder to Look Before You Leap" [PDF] published in the December 2008 issue of Bloomberg Law Reports.
Client Alert | December 1, 2009
In response to increased international concern regarding Iran's nuclear fuel enrichment activities, both houses of Congress have introduced legislation that could substantially expand the impact of economic and trade sanctions against Iran.
Client Alert | November 30, 2009
New Guidance Should Increase Attractiveness of Registered Exchange Offers as Means of Restructuring Outstanding Debt Securities
Client Alert | November 30, 2009
Washington, D.C. associate Michael S. Diamant is co-author of "Corruption Crackdown: The FCPA and Recent Enforcement Trends" a presentation made at the Global Economic Crime Survey & Anti-Corruption/FCPA Seminar on November 24, 2009.
Client Alert | November 24, 2009