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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Tenth Circuit Affirms Award of Costs to Prevailing Defendants in What Plaintiffs Claim Is the Highest Costs Award in the History of American Jurisprudence

We issued a Client Alert on February 19, 2009 on the Tenth Circuit opinion setting forth a robust analysis of the loss causation burden under the federal securities laws.

Client Alert | March 3, 2009

McDonald v. Sun Oil: The Ninth Circuit’s Constitutionally Questionable Expansion of CERCLA’s Toxic Tort Discovery Rule

Washington, D.C. partner Peter E. Seley and associate Coral A. Shaw are authors of "McDonald v. Sun Oil: The Ninth Circuit's Constitutionally Questionable Expansion of CERCLA's Toxic Tort Discovery Rule" [PDF] published in the March 2009 issue of ELI's Environmental Law Reporter.

Client Alert | March 2, 2009

SLUSA Precludes ‘Actions,’ Not Claims

Washington, D.C. partner Mark A. Perry and associate Indraneel Sur are the authors of "SLUSA Precludes 'Actions,' Not Claims" [PDF] published in the March 2009 issue of Mealey's Emerging Securities Litigation.

Client Alert | March 2, 2009

Can Professional Ethics Wait? The Need for Transparency in International Arbitration

London partner Cyrus Benson is the author of "Can Professional Ethics Wait? The Need for Transparency in International Arbitration" [PDF] published in the March 2009 issue of International Bar Association's Dispute Resolution International.

Client Alert | March 2, 2009

Where Have All the Deals Gone?

Orange County partner John M. Williams III and associate Theodore Kim are the authors of "Where Have All the Deals Gone?" [PDF] published in the March 2009 issue of the Orange County Business Journal.

Client Alert | March 2, 2009

Cession d’une filiale intégrée et procédure collective

Paris partner Jérôme Délaurière and associate Charlotte Prest are the authors of "Cession d’une filiale intégrée et procédure collective" [PDF] published in the March 2, 2009 issue of Option Finance.

Client Alert | March 2, 2009

To Day 100 and Beyond: The Antitrust Enforcement in the Obama Administration

New York partner Stacey Anne Mahoney is the author of "To Day 100 and Beyond: The Antitrust Enforcement in the Obama Administration" [PDF] pulished in the March 2009 issue of ABA's Corporate Counseling Committee's newsletter, The Antitrust Counselor.Reprinted with permission from Antitrust Counselor, March 2009, © 2009, the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express or written consent of the American Bar Association.

Client Alert | March 1, 2009

Delaware Court of Chancery Dismisses Breach of Fiduciary Duties Claims in Subprime Case

On February 24, 2009 the Court of Chancery of the State of Delaware issued an important opinion dismissing all but one claim in a shareholder derivative action seeking to recover for Citigroup Inc.

Client Alert | February 27, 2009

Must Employers Include Meal-Period Premium Payments in the “Regular Rate” Used to Compute the Overtime Owed to Their Employees?

On February 25, 2009, Judge Saundra B. Armstrong of the U.S. District Court for the Northern District of California resolved a novel question of federal labor law of significant import for employers in California by holding, in the context of a putative state-wide class-action in Rubin v. Wal-Mart Stores, Inc., No.

Client Alert | February 26, 2009

NYSE Proposes to Eliminate Broker Discretionary Voting in Director Elections, Relax the $1 Share Price Requirement and Extend the $15 Million Market Capitalization Requirement

On February 26, 2009, the New York Stock Exchange LLC (the "NYSE") filed with the Securities and Exchange Commission (the "SEC") an amendment to NYSE Rule 452 that would affect the ability of brokers to cast discretionary votes in uncontested director elections.  In addition, the NYSE filed a rule change that would temporarily suspend the application of the $1 stock price requirement of Section 802.01C of the NYSE Listed Company Manual and extend the time period for which its market capitalization continued listing standard is lowered.  A summary of these actions is set forth below.

Client Alert | February 26, 2009

Proposed Legislation Amending False Claims Act

In January, we provided you with our 2008 Year-End False Claims Act Update in which we discussed, among other things, legislation proposed in Congress in 2007 that would significantly broaden the scope of the False claims Act (the "FCA").  As we predicted, Senator Grassley (R-IA) recently introduced legislation to amend the FCA that, given the current economic environment, Congress is likely to pass.  Congress may feel more pressure to pass these bills this session to demonstrate a commitment to protect taxpayer's dollars from fraud, waste, and abuse.  First, on February 5, 2009, Senator Grassley introduced the Fraud Enforcement and Recovery Act, S.

Client Alert | February 26, 2009

Financial Markets in Crisis: Stimulus Act Provides More than $100 Billion to Fund Infrastructure

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 | February 25, 2009

Financial Markets in Crisis: The Capital Assistance Program Unveiled

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.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.

Client Alert | February 25, 2009

Federal Stimulus Bill Makes Major Changes to COBRA That Will Require Immediate Action

President Obama signed The American Recovery and Reinvestment Act of 2009 (commonly known as the stimulus bill) into law on February 17, 2009.  Part of the nearly $800 billion of new spending in the bill is used to provide  a temporary COBRA subsidy for employees whose employment is involuntarily terminated between September 1, 2008 and December 31, 2009.  This change will require immediate action by employers and health plan administrators.Key Rules Regarding the COBRA SubsidyEligibility for Subsidy.  The subsidy is generally available to any employee who experiences an "involuntary" termination of employment, other than due to gross misconduct, between September 1, 2008 and December 31, 2009.  The legislation does not define what constitutes an involunt

Client Alert | February 24, 2009

Back to the Future: Chairman Schapiro Ends Pilot Program for Corporate Penalties, Eliminates Commission Pre-authorization, Allows Staff to Negotiate

New York partner Mark K. Schonfeld is the author of "Back to the Future: Chairman Schapiro Ends Pilot Program for Corporate Penalties, Eliminates Commission Pre-authorization, Allows Staff to Negotiate" [PDF] published in the February 23, 2009 issue of BNA Inc.'s Securities Regulation and Law.

Client Alert | February 23, 2009

A Busy Congress for Investigations

Washington, D.C. partners Michael Bopp, F. Joseph Warin and associate Michael Hissam are the authors of "A Busy Congress for Investigations" published on line by Corporate Board Member on February 20 ,2009 at boardmember.com

Client Alert | February 20, 2009

Tenth Circuit Issues Opinion Providing Robust Analysis of the Loss Causation Burden Under Federal Securities Laws

On February 18, 2009, the United States Court of Appeals for the Tenth Circuit issued a significant decision in In re: Williams Securities Litigation--WCG Subclass (Docket Number 07-5119), that clarified the contours of a plaintiff's "loss causation" burden under federal securities laws.

Client Alert | February 19, 2009

Diminished Property Value Claims in a Diminished Real Estate Market

Orange County associate James M. Sabovich and associate Heather D. Hearne are authors of "Diminished Property Value Claims in a Diminished Real Estate Market" [PDF] published on February 19, 2009 in BNA Inc.'s Toxics Law Report.

Client Alert | February 19, 2009

Financial Markets in Crisis: Stimulus Act Enhances Executive Compensation Standards; TALF Expanded

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 | February 17, 2009

Stimulus Bill Tax Provisions

The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act") is expected to be signed into law by President Obama today. The approximately 11oo pages of the Stimulus Act include a number of tax provisions.

Client Alert | February 17, 2009