On January 20, 2015, the United States Court of Appeals for the Ninth Circuit ruled in Omega S.A. v. Costco Wholesale Corp., No. 11-57137 (9th Cir. Jan.
January 26, 2015
In light of the increased interest that Myanmar is currently generating among international investors, we have prepared this brief overview of applicable international sanctions measures, with a focus on the United States. As further discussed below, the U.S.
January 26, 2015
The Paris office of Gibson Dunn is pleased to provide this legal and regulatory update covering France for the second semester of 2014.
January 23, 2015
On January 19, 2015, the PRC Ministry of Commerce ("MOFCOM") published the draft Foreign Investment Law (the "Draft Law") for public comments, which is intended to replace the existing foreign investment related laws and regulations (the "Existing Laws") and introduce a more market-based regulatory regime for foreign investments into China.Current RegimeChina currently has three major pieces of legislation governing foreign investments: the Sino-Foreign Joint Venture Law passed in 1979 (the "Equity JV Law"), the Foreign Enterprise Law passed in 1986 (the "WFOE Law") and the Sino-Foreign Co-operative Joint Venture Law passed in 1988 (the "Co-operative JV Law"). A particular form of entity is allowed to be set up in Chin
January 23, 2015
On January 12, 2015, the United States Court of Appeals for the Second Circuit issued an unprecedented decision holding that a company's failure to disclose a known trend or uncertainty in its Form 10-Q filings, as required by Item 303 of SEC Regulation S-K, can give rise to liability under Section 10(b) of the Securities Exchange Act of 1934.
January 22, 2015
Shareholder activism continues to dominate the corporate landscape and attract daily headlines in the financial press. And, as the pace of activism accelerates in 2015, a number of legal battles over the last two years between companies and activists has put in the spotlight the permissible scope and function of advance notice bylaws--a term that we broadly define for these purposes to cover bylaw provisions establishing timing, procedural and informational requirements for shareholders seeking to present director nominations and other business proposals to a shareholder vote.
January 22, 2015
On January 21, 2015, the U.S. Supreme Court decided its first substantive trademark case in nearly a decade. The decision resolves a longstanding circuit split over the issue of how to try cases where a key issue is whether a trademark owner should be given credit for earlier versions of its trademark in determining who has "priority of use" and thus a superior claim to exclude others from using the mark.
January 22, 2015
On January 22, 2015, the Federal Energy Regulatory Commission (FERC) proposed significant changes to how it will review future electric utility merger applications.
January 22, 2015
As with the past several years, 2014 once again proved to be a significant year of developments for securities litigation. As the "case to watch" in 2014, Halliburton Co.
January 21, 2015
THE BACKDROPIn May 2014, Pfizer Inc. made certain voluntary public statements in connection with its possible public takeover offer for AstraZeneca plc.
January 21, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
January 20, 2015
Gibson Dunn partner Alexander Southwell, of counsel Eric Vandevelde and Ryan Bergsieker, and associates Stephenie Gosnell Handler* and Adam Chen are authors of the following article published in the January issue of Bloomberg BNA's World Data Protection Report. The team examines, from a legal perspective, President Obama's reinvigorated priorities in cybersecurity and data privacy following years of stalled efforts to pass legislation.
January 20, 2015
On January 15, 2015, the United States Department of the Treasury (Treasury Department) and the United States Department of Commerce (Commerce Department) released regulatory amendments implementing historic changes to the Cuba sanctions regime announced by President Obama on December 17, 2014. The amendments incorporate the diplomatic and economic changes to U.S.
January 20, 2015
2014 was marked by numerous noteworthy developments. The crisis in Ukraine and the international community's efforts to respond have figured prominently in, if not dominated, sanctions discourse.
January 15, 2015
The U.S. Environmental Protection Agency (EPA) announced its highly anticipated proposal for targeting methane emissions from oil and gas production on January 14, 2015.
January 15, 2015
It is no secret to those in the health care industry that since the U.S.
January 14, 2015
Pharmaceutical and medical device manufacturers are among the most highly regulated enterprises in the United States, and 2014 demonstrated that the regulatory landscape continues to be a minefield for these companies. This past year, the Department of Justice ("DOJ") and the U.S.
January 14, 2015
2014 saw a flurry of activity in response to an increase in threats to U.S. trade secrets. Both the House of Representatives and the Senate introduced bipartisan amendments to the EEA that would create a federal civil cause of action for the misappropriation of trade secrets. The Department of Justice secured the first-ever indictment against foreign government actors for trade secret theft and economic espionage, charging five officers of the Chinese military with engaging in a sophisticated cyber-hacking scheme to steal U.S.
January 13, 2015
The close of 2014 saw the SEC's Division of Enforcement take a victory lap. Following the release of the statistics for the fiscal year ended September 30, Division Director Andrew Ceresney touted a few records -- the largest number of enforcement actions brought in a single year (755); the largest total value of monetary sanctions awarded to the agency (over $4 billion); the largest number of cases taken to trial in recent history (30).
January 12, 2015
The past year marked the 25th anniversary of the fall of the Berlin Wall and probably the end of a European dream to continue to entertain smooth and peaceful cooperation with Russia.
January 9, 2015