2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.
February 27, 2015
Earlier this month, Venezuela announced a new free-floating exchange rate mechanism, which had the effect of massively devaluing Venezuela's bolivar currency.
February 25, 2015
As previously reported in our January 20, 2015 Client Alert, "U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S.
February 25, 2015
It has been a busy week for U.S. regulators and policymakers as they continue to wrestle with how to effectively manage the myriad issues related to the growing and evolving use of unmanned aerial systems ("UAS"), or "drones," both domestically and abroad. Beginning February 15, 2015, the Obama Administration announced a series of new rules and policies affecting the commercial use of drones domestically, as well as the ability of U.S.
February 23, 2015
Gibson Dunn partner Jose W. Fernandez and associate Eric B.
February 19, 2015
As FERC continues to implement Order No. 1000, it is important that those interested in competitive transmission understand the processes and time frames each RTO/ISO uses to solicit and evaluate competitive transmission proposals. There are important differences in the way each RTO/ISO considers competitive transmission proposals, especially the evaluation factors and criteria each uses.
February 19, 2015
As the Supreme Court continues its 2014 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the Court's opinions, as well as the issues presented in the cases that remain to be decided.
February 18, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
February 17, 2015
Divest more assets, find a stronger buyer, and hire--at your expense--a monitor that will scrutinize every step of the divestiture process, or the antitrust agencies will challenge the transaction in court. That is increasingly the message that the leadership of the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") are sending to merging parties seeking to clear the merger review process through a remedy.On February 6, 2015, Bill Baer, the Assistant Attorney General of the DOJ's Antitrust Division, affirmed that "taking a harder look at remedies" continues to be an ongoing DOJ focus. Mr. Baer described DOJ's willingness to 'litigate the fix', as the Department did in the American Airlines/US Airways and AB InBev/Grupo Model
February 12, 2015
On February 4, 2015, the New York Department of Financial Services released revisions to its groundbreaking virtual currency regulatory framework commonly referred to as the "BitLicense."
February 11, 2015
On January 15, 2015, the Securities and Exchange Board of India, the securities market regulator in India ("SEBI"), announced the Securities and Exchange Board of India (Prohibition of Insider Trading Regulations) 2015 ("2015 Regulations").
February 11, 2015
This is our most recent update of significant developments relating to qui tam, securities, fraud, and other lawsuits and investigations involving schools, especially private-sector schools. This past quarter we saw the government confirm the existence of the long-suspected interagency task force overseeing for-profit schools, several notable rulings in cases involving the sector, informative settlements, as well as other developments. These are all discussed below.
February 10, 2015
With preparations for the 2015 proxy season in full swing at U.S.
February 6, 2015
Gibson Dunn partner Alexander Southwell, of counsel Angelique Kaounis, and associates Stephenie Gosnell Handler* and Zachary Wood are authors of the following article published by Law360. The team discusses the SEC's recent risk alert with summary observations of results from the Office of Compliance Inspections and Examinations' assessment of select regulated entities' cybersecurity efforts and outlines the internal compliance measures companies should consider implementing in accordance with the findings. SEC Cybersecurity Findings May Establish De Facto Standard (click on link) Mr.
February 6, 2015
Spin-off transactions require a focused, intensive planning effort. The deal team must make decisions about how best to allocate businesses, assets and liabilities between the parent and the subsidiary that will be spun-off. It must address complex tax issues, securities law questions and accounting matters, as well as issues related to capital structure, financing and personnel matters. In addition, it must resolve a long list of governance issues, including questions about the composition of the spin-off company board, the importance of mechanisms for dealing with conflicts of interest and the desirability of robust takeover defenses. Transaction planners do not always give the governance issues high priority. They may assume that the spin-off company can si
February 5, 2015
On January 27, 2015, the Federal Trade Commission ("FTC") released a report on the "Internet of Things" ("IoT"), which refers to everyday objects that are connected to the Internet and send and receive data.
February 5, 2015
On January 15, 2015, the Federal Circuit addressed--for the first time in nearly thirty years--the standards that govern the question of whether the U.S.
February 4, 2015
On January 23, 2015, the Division of Corporation Finance of the SEC issued a no-action letter permitting issuers (or their parents or wholly-owned subsidiaries) to conduct five business day tender offers for any and all non-convertible debt securities when certain conditions were met.
February 3, 2015
Gibson, Dunn & Crutcher LLP is pleased to present its first year-end Activism Update reviewing shareholder activism involving U.S. public companies during 2014.
January 30, 2015
In 2014, with the dust finally starting to settle following the Supreme Court's blockbuster class action rulings in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp.
January 30, 2015