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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Financial Markets in Crisis: Treasury Moves to Implement TARP

With the Emergency Economic Stabilization Act (EESA) now law, Treasury is moving quickly to choose advisers, issue regulations, and hire companies to serve as asset managers for the Troubled Asset Relief Program (TARP).Today, Secretary Paulson announced that he has selected Neel Kashkari to be the interim head of the new Office of Financial Stability, which will implement the Troubled Asset Relief Program.  Kashkari is currently Assistant Secretary for International Economics and Development and has been a key adviser to Secretary Paulson.  It is our understanding that Secretary Paulson intends to hire a small staff with expertise in asset management, accounting, and legal issues to commence the Troubled Asset Relief Program.

Client Alert | October 6, 2008

Casinos Continue to Be Vulnerable to Money Laundering

The conviction in August of two former Bank of China managers and their wives in Las Vegas for money laundering and other crimes illustrates the continuing vulnerability of casinos to money laundering.

Client Alert | October 3, 2008

Ban on Short Selling the Securities of Financial Institutions To Expire

As a result of President Bush's signing of the Emergency Economic Stabilization Act of 2008 (H.R. 1424), the Securities and Exchange Commission's Division of Trading and Markets announced today that the prohibition on short sales in the securities of financial institutions will expire at 11:59 p.m.

Client Alert | October 3, 2008

Financial Markets in Crisis: Rescue Bill Reaches Finish Line

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.

Client Alert | October 3, 2008

Financial Markets in Crisis: Section-By-Section Analysis of the Emergency Economic Stabilization Act of 2008

We are pleased to provide our clients and friends with a section-by-section analysis of the Emergency Economic Stabilization Act of 2008 (hereinafter, the "Act") as passed by the Senate, by a vote of 74-25, on October 2, 2008.

Client Alert | October 2, 2008

Companies Act 2006 Update – Changes to English Company Law Coming into Force on 1 October 2008

Companies law in England and Wales is undergoing reform and modernisation by way of the phased implementation of the Companies Act 2006 (the "2006 Act").

Client Alert | October 1, 2008

Briefing on Key Issues and Trends in Law Department Compensation and Talent Management

Our Program: Our briefing provides first-hand information on compensation data and staffing and talent management strategies for in-house legal personnel from Hildebrandt's consultants.

Client Alert | October 1, 2008

The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law

Los Angeles of counsel William E. Thomson and associate Kahn A. Scolnick are the authors of "The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law" [PDF] published in the October 2008 issue of Class Action Watch.

Client Alert | October 1, 2008

Double Taxation of Profits from a Hybrid US LLC

Munich partner Hans Martin Schmid and of counsel Christian Schmidt are the authors of "Double Taxation of Profits from a Hybrid US LLC" [PDF] published in the October 2008 issue of Practical European Tax Strategies.

Client Alert | October 1, 2008

Financial Markets in Crisis: Overview of FDIC’s Authority with Respect to Bank Failures

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.

Client Alert | September 30, 2008

Financial Markets in Crisis: Understanding the Various Pricing Scenarios for the Treasury Department’s Bailout Auction Plan

The Gibson, Dunn & Crutcher Financial Markets Crisis Group continues to closely monitor statements from the Executive Branch and Congressional leaders concerning the structure of proposed Treasury auctions to buy up collateralized debt from investors and banks holding illiquid securitiesLast week, Treasury Secretary Henry Paulson testified before the House Committee on Financial Services that the Treasury Department would employ market mechanisms" to value mortgage securities.  Paulson identified key goals of the auctions as "price discovery" and "transparency."The Secretary mentioned instituting reverse auctions as a means of pinpointing market prices and allowing smaller financial institutions to enter the process.  In a reverse auction, the gove

Client Alert | September 30, 2008

Financial Markets in Crisis: Rescue Bill Fails in House

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.What follows is our latest in a series of updates on key regulatory and legislative issues.Bipartisan RejectionLawmakers labored over the weekend to craft a financial package that would be palatable to both Democrats and Republicans, as well as to constituents back home.  Draft legislation was circulated and tinkered with all weekend until the House Rules Committee, at 12:01 a.m.

Client Alert | September 29, 2008

FASB Rethinking Proposed Amendments to Statement of Financial Accounting Standards No. 5 – Disclosure of Loss Contingencies

On September 24, 2008, the Financial Accounting Standards Board approved a staff recommendation to reconsider the Exposure Draft issued June 5, 2008 titled, Disclosure of Certain Loss Contingencies.

Client Alert | September 26, 2008

Short Selling Update: Global Regulators Take Additional Action*

* Updated to reflect additional regulatory guidance and action. Responding to current market conditions, the U.S. Securities and Exchange Commission (the "SEC" or "Commission") and other regulatory and governmental authorities around the globe have taken dramatic steps to address the current market turmoil resulting from potentially manipulative short selling.

Client Alert | September 26, 2008

Financial Markets in Crisis: Silence on the Rescue Deal Is Golden; Banking Giant WMBank Falls but DIF Held Harmless

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.What follows is our latest in a series of updates on key regulatory and legislative issues.Debate on the HillIn contrast to yesterday's public display of political and policy wrangling, today's activity was largely behind the scenes as designated negotiators worked to hash out the details of a rescue plan.  Though congressional leaders reported yesterday that they had reached a compromise agreement, Republicans announced that they had developed a competing proposal late Thursday night.  House Minority Leader John Boehner wrote Speaker Pelosi today to express concern that the Democra

Client Alert | September 26, 2008

Financial Markets Crisis: Issues for Hedge Funds and Private Equity Funds

The Gibson, Dunn & Crutcher Financial Markets Crisis Group is tracking government responses to the turmoil that has reshaped our capital and credit markets.  The following is an update on key regulatory and legislative issues that are of particular interest to and are likely to affect hedge funds and private equity funds.Federal Reserve Board Enhances Passive Investment Framework for Minority Investors in Bank Holding Companies and BanksIn connection with its various efforts to increase the capital and liquidity available to the banking industry, on September 22, 2008 the Federal Reserve Board (the "Fed") issued a new policy statement providing additional guidance on making equity investments in a bank or bank holding company ("BHC").  Importantly, the iss

Client Alert | September 26, 2008

Profil Jeune Professionel

Paris Associate Grine Lahreche is the author of "Profil Jeune Professionel" [PDF] which appears in the 2009 issue of TARGET Carrières Juridiques.

Client Alert | September 26, 2008

Fusions Acquisitions, au Coeur d’Enjeux Majeurs

Paris Partner Benoît Fleury is the author of "Fusions Acquisitions, au Coeur d'Enjeux Majeurs" [PDF] which appears in the 2009 issue of TARGET Carrières Juridiques.

Client Alert | September 26, 2008

Federal Government Enacts Significant Amendments to the Americans with Disabilities Act

Today President Bush signed the ADA Amendments Act of 2008, which amends the Americans with Disabilities Act of 1990.  The amendments will take effect on January 1, 2009 and will alter some of the key provisions in the ADA, largely in response to several Supreme Court decisions.  Key changes in the Act include: "Regarded As" Discrimination:  Under current law, an individual can demonstrate disability by showing "a physical or mental impairment that substantially limits one or more of the major life activities of such individual."  In addition, a person is protected from discrimination if he or she is "regarded as having such an impairment."  Courts have found that establishing “regarded as” discrimination requires a showing that th

Client Alert | September 25, 2008

Financial Markets in Crisis: Deal on Rescue Bill Appears Likely, but What Will It Contain?

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.

Client Alert | September 25, 2008