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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“Employee Free Choice Act” Would Implement Most Sweeping Labor Law Changes in Decades, Strengthening Unions’ Hand in Both Organizing and Negotiations

On March 1, 2007 by a vote of 241 - 185, the House passed the proposed "Employee Free Choice Act" (H.R. 800). H.R. 800 has been put forward by the unions who express frustration with strong management campaigns against unionization and lengthy delays in obtaining first union contracts after union recognition.

Client Alert | March 14, 2007

COFC Reconsiders CAS 413 Ruling

Gibson Dunn partner Karen Manos is the author of "COFC Reconsiders CAS 413 Ruling" [PDF] which appears in  49-9 Government Contractor ¶ 95.  

Client Alert | March 7, 2007

U.S. Attorney Charges Two in Cuba Religious Travel License Fraud Scheme

The U.S. Attorney for the Southern District of Florida has charged defendants Victor Vazquez and David Margolis with conspiring to violate U.S. sanctions laws restricting travel to Cuba.

Client Alert | March 5, 2007

REIT-Modelle im Vergleich (Comparing REIT Models)

Munich partner Hans Martin Schmid, of counsel Christian Schmidt, Los Angeles partner Dhiya El-Saden, London partner Nicholas Aleksander and Paris partner Ariel Harroch are authors of "REIT-Modelle im Vergleich" [PDF] (the article is in German and roughly translates as "Comparing REIT Models") published in the German real estate magazine Immobilienwirtschaft.  The article compares the German, UK, French and U.S.

Client Alert | March 1, 2007

Perchlorate: Political Rocket Fuel

Los Angeles Partner Jeffrey Dintzer and Associate Brett Oberst are the authors of "Perchlorate: Political Rocket Fuel" [PDF] published in The Recorder’s special report issue of The Environmental Law.

Client Alert | February 28, 2007

Supreme Court Strengthens Constitutional Protections Against Arbitrary and Excessive Punitive Damage Awards

In a 5-4 opinion issued this week, the United States Supreme Court struck down a $79.5 million punitive damage award as unconstitutional under the Due Process Clause of the Fourteenth Amendment to the U.S.

Client Alert | February 23, 2007

Overview of and Practical Advice Regarding Final and Additional Proposed SEC Rules on Internet Availability of Proxy Materials

The Securities and Exchange Commission ("SEC") recently issued final rules that amend the proxy rules to allow public companies and other soliciting persons the option of delivering proxy materials (including the proxy statement, a proxy card, the "glossy" annual report and any additional soliciting materials) to shareholders via the Internet.

Client Alert | February 22, 2007

The Foreign Corrupt Practices Act: Recent Developments, Trends, and Guidance

Washington D.C. partner F. Joseph Warin and Denver partner Robert C. Blume are the authors of "The Foreign Corrupt Practices Act: Recent Developments, Trends, and Guidance" published in the February 2007 issue of Insights.

Client Alert | February 10, 2007

February 28 Deadline to Take Advantage of IRS Settlement Program for Stock Options and SARs Subject to Section 409A That Were Exercised in 2006

On February 8, the IRS Released Announcement 2007-18. Pursuant to the Announcement, employers may take advantage of a special settlement program (the "Program") to address the payment of additional taxes arising under Section 409A of the Internal Revenue Code as a result of an employee's exercise of a "discount" stock option or stock appreciation right in 2006.

Client Alert | February 9, 2007

2006 Year-End FCPA Update

This client update provides an overview of Foreign Corrupt Practices Act ("FCPA") enforcement activities in 2006, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit FCPA liability.FCPA OverviewThe FCPA’s anti-bribery provisions make it illegal to make payments of money or anything of value to any foreign government official or foreign political party in order to obtain or retain business or secure any improper advantage.  The anti-bribery provisions apply to "issuers," "domestic concerns," and "any person" that violates the FCPA while in the territory of the United States.  The term "issuer" covers any business entity that is registered under 15 U.S.C.

Client Alert | February 7, 2007

Fifth Circuit Issues Important Decision on Class Certification in ERISA “Stock Drop” Fiduciary Breach Litigation

A recent decision of the U.S. Court of Appeals for the Fifth Circuit has addressed one of the most important issues in the recent wave of ERISA fiduciary breach “stock drop” litigation.

Client Alert | February 5, 2007

Rule Change Significantly Alters Civil Settlement Negotiation Environment; Permits Government to Use Civil Settlement Statements in Criminal Prosecutions

Although there has been much attention focused on both recent changes to the Federal Rules of Civil Procedure governing discovery of electronic documents, and the proposed changes to Federal Rule of Evidence 502, governing the scope of the attorney-client privilege, clients should not overlook another recent Federal Rule change of great significance.

Client Alert | February 5, 2007

Amendments Clarifying the Global Terrorism Sanctions Regulations

On January 25, 2007, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) made certain amendments to Part 594 of Title 31 of the Code of Federal Regulations, the Global Terrorism Sanctions Regulations (“GTSR”).

Client Alert | February 2, 2007

Trends in Claims Against Lawyers

Jonathan Dickey and Jeffrey Minnery are authors of "Trends in Claims Against Lawyers," [PDF] published in the Securities Litigation Report, February 2007.

Client Alert | February 1, 2007

Free for the “Taking”: Why States Should Not Be Able to Invoke Sovereign Immunity in Patent Infringement Disputes

Washington, D.C. associate Dr. Tanya Mazur is the author of "Free for the Taking: Why States Should Not Be Able to Invoke Sovereign Immunity in Patent Infringement Disputes" [PDF] published in the February 2007 issue of The George Washington Law Review.

Client Alert | February 1, 2007

A Reit Map: The regional idiosyncrasies of real estate investment trusts

London partner Nicholas Aleksander, Los Angeles partner Dhiya El-Saden, Paris partner Ariel Harroch, Munich partner Hans Martin Schmid and of counsel Christian Schmidt are the authors of "A Reit Map: The Regional Idiosyncrasies of Real Estate Investment Trusts" [PDF] published in the February 2007 issue of the International Financial Law Review.

Client Alert | February 1, 2007

Strict Line on Predatory Pricing Upheld in Europe

The European Court of First Instance (the "CFI") handed down a key and long-awaited antitrust Judgment today in France Télécom SA v Commission, addressing a number of issues relating to predatory pricing in the EU. The strict approach to EU law on predatory pricing has been confirmed.

Client Alert | January 30, 2007

News Analysis: Does Denkavit Signal the End of Withholding Tax?

Paris associate Jérôme Delaurière is the author of "News Analysis: Does Denkavit Signal the End of Withholding Tax?" [PDF] published in the January 29, 2007 issue of  Tax Analysts's Tax Notes International (pg 303).

Client Alert | January 29, 2007

SEC Staff Issues Interpretations on New Executive Compensation Disclosure Rules

RevisedYesterday, the Division of Corporation Finance (“Staff”) at the Securities and Exchange Commission issued 18 pages of interpretations on its new executive and director compensation disclosure rules, which are applicable for 2007 proxy filings by companies with fiscal years ending on or after December 15, 2006.

Client Alert | January 25, 2007

Fourth Circuit Holds Employer Health-Coverage Mandates Are Preempted, Strikes Down Maryland’s “Anti-Wal-Mart Law”

The U.S. Court of Appeals for the Fourth Circuit this week struck down Maryland's controversial "Fair Share Health Care Fund Act," popularly known as the "anti-Wal-Mart law." Affirming a ruling by the federal district court in Maryland, the Fourth Circuit ruled that health-benefits mandates like the Maryland Act are preempted by the federal Employee Retirement Income Security Act (ERISA).Gibson Dunn represented the plaintiff trade group, the Retail Industry Leaders Association (RILA), in both the district court and the court of appeals.

Client Alert | January 19, 2007