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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District Court Denies Enforcement of $97 Million Nicaraguan Judgment Based on Lack of Due Process and Judicial Corruption

In a detailed ruling with important implications for any company doing business abroad, Judge Paul C. Huck of the United States District Court in Miami this week denied enforcement of a $97 million judgment that a Nicaraguan court had rendered against Dole Food Company, Inc.

Client Alert | October 23, 2009

Financial Regulatory Reform: Consumer Financial Protection Agency Moves Forward

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 | October 22, 2009

IRS Qualified Plan Limitations Unchanged for 2010

On October 15, 2009, the IRS released the inflation-adjusted limitations applicable to tax-qualified retirement plans for 2010.  Due to low inflation, the limitations have not changed from 2009.  In addition to the impact of these limitations on tax-qualified retirement plans, the compensation limit under section 401(a)(17) of the Code also affects the amount of severance pay that may be excludable from coverage under section 409A of the Code in certain circumstances.

Client Alert | October 21, 2009

The SEC’s Powers to Enforce the Production of Documents and Information, in the UK at Least, Hit a Stumbling Block

On 25 August 2009 (albeit the relevant decision has only recently been published), the Securities and Exchange Commission (the SEC) hit a stumbling block in its efforts to extend its jurisdiction to obtain documents and information from outside its territory, from the UK at least.  Over recent years, international co-operation between regulators has increased, and has been reported to have increased, and a near assumption has arisen in the UK that, if the SEC asks for assistance from the UK's financial services regulator, the Financial Services Authority (the FSA), that assistance will be provided by the FSA and complied with by the relevant UK entity, irrespective of the time and cost involved in doing so.

Client Alert | October 19, 2009

Considerations for Public Company Directors in the Current Environment

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.  Many of these proposals remain under consideration at a time when calendar-year companies are beginning preparations for the 2010 proxy season, complicating the planning process.  The uncertainty of the current environment means that, with respect to many issues--such as the SEC's proxy access proposals--companies and their boards find themselves in a "wait and see" mode.  Directors should remain informed during this time as n

Client Alert | October 15, 2009

Financial Regulatory Reform: Derivatives Legislation Moves Forward in House

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 | October 15, 2009

Health Care Executive Convicted of Wire Fraud in Connection with Misbranding Allegations

On September 29, 2009, a former CEO of a biopharmaceutical company was convicted of a wire fraud felony for his role in the alleged creation and dissemination of false and misleading information about the efficacy of a drug marketed by the company.  The indictment of this executive by the Department of Justice (the "DOJ"), and his eventual conviction, represent important developments in the burgeoning enforcement efforts currently underway in the health care industry.  Given recent trends in health care compliance enforcement, and in particular the government's focus on holding individuals accountable, companies and executives alike should prepare for continued scrutiny.The Proceedings The company, InterMune, Inc., allegedly marketed and sold the drug Actimmune as

Client Alert | October 7, 2009

Risk Management and the Board of Directors

Orange County partner Mark W. Shurtleff is the author of "Risk Management and the Board of Directors" [PDF] published in the October 5, 2009 issue of the Orange County Business Journal.

Client Alert | October 5, 2009

Companies Act 2006 Update — Changes to English Company Law Coming into Force on 1 October 2009

The recent upheaval in English company law is almost over. The provisions of the Companies Act 2006 (the "2006 Act") have been coming into force in stages.

Client Alert | September 30, 2009

Remuneration Reform: G20 – Breakthrough?

London partner Selina Sagayam is the author of "Remuneration Reform: G20 - Breakthrough?" [PDF] published in the September 30, 2009 issue of Euro Watch.

Client Alert | September 30, 2009

EPA Withdraws Significant New Use Rules for Carbon Nanotubes Over Adverse Comments

Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.

Client Alert | September 24, 2009

Loss of Peak Market Real Estate Sales as Damages in Contamination Cases

Companies alleged to have caused contamination often face claims from third-party property owners alleging under common law nuisance or trespass that the contamination has caused a decrease in market value, often referred to as "stigma damage," to plaintiffs’ nearby property.

Client Alert | September 21, 2009

FDIC Issues Notice of Proposed Rulemaking Addressing Expiration of the TLGP’s Debt Guarantee Program; Comments Due by October 1, 2009

The Gibson, Dunn & Crutcher Financial Markets Crisis Group is tracking closely government responses to the turmoil that has catalyzed dramatic and rapid reshaping of our capital and credit markets.We are providing updates on key regulatory and legislative issues, as well as information on legal issues that we believe could prove useful as firms and other entities navigate these challenging times.This update focuses on the Notice of Proposed Rulemaking issued on September 9, 2009 (the “Notice of Proposed Rulemaking”) by the Federal Deposit Insurance Corporation (the "FDIC") relating to the expiration of the issuance period for the Debt Guarantee Program, a component of the Temporary Liquidity Guarantee Program (the "TLGP").  The Notice of Proposed Rulemak

Client Alert | September 21, 2009

Financial Crisis Inquiry Commission to Begin Investigations Next Month

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 | September 17, 2009

Treasury Issues New Rules to Encourage CMBS Workouts

On September 16, 2009, the Internal Revenue Service released final regulations governing the U.S. federal income tax treatment of collateralized mortgaged-backed securities ("CMBS") held in a real estate mortgage investment conduit ("REMIC") vehicle.

Client Alert | September 17, 2009

NYSE Proposes Amendments to Corporate Governance Listing Standards; NASDAQ Solicits Comments on “Comply or Disclose” Approach to Corporate Governance

On August 26, 2009, the New York Stock Exchange ("NYSE") filed proposed amendments to its corporate governance listing standards with the Securities and Exchange Commission ("SEC").  The NYSE has proposed that they take effect on January 1, 2010.  The proposals must be approved by the SEC before they become final, and will be the subject of a 21-day comment period following publication in the Federal Register.  The NYSE proposals would amend the corporate governance listing standards to:  (1) codify certain staff interpretations; (2) clarify various disclosure requirements; and (3) incorporate applicable SEC disclosure requirements into the listing standards.

Client Alert | September 10, 2009

The Aspen Institute Statement: “Overcoming Short-termism”

The Aspen Institute recently released a statement calling for a more thoughtful approach to government policy and incentives, business management and investor decisions.  The statement addresses the need for investors and business management to pursue long-term corporate growth and sets out voluntary steps that can be taken to overcome the focus on short-term goals, which has had such a detrimental effect on the economy.

Client Alert | September 9, 2009

UK Employment and Labour Law — Executive Summary (September 2009)

Welcome to our Executive Summary, in which we highlight key developments in UK Employment and Labour Law. A headline summary of cases and developments is provided below.

Client Alert | September 8, 2009

E-Verify Employment Eligibility Verification System Mandatory for Federal Government Contractors for Contracts Issued On or After Today

Last year, President Bush signed Executive Order 13,465, requiring federal government contractors to "agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security," and the Secretary designated the "E-Verify" system, described in more detail below, for this purpose.  The Department of Defense, the General Services Administration, and NASA then jointly issued a final rule to implement the Executive Order, that was to be effective January 15, 2009.On December 23, 2008, however, the U.S.

Client Alert | September 8, 2009