Client Alert - Gibson Dunn

Client Alert

2014 Year-End Criminal Antitrust and Competition Law Update

Gibson Dunn provides a summary overview of criminal antitrust enforcement in 2014 and a discussion of the trends we see from that activity during 2015.

January 8, 2015

2014 Year-End False Claims Act Update

Just two years ago we noted the staggering level of the federal government's recovery-- approximately $5 billion--under the False Claims Act, 31 U.S.C.

January 7, 2015

Juncker’s “Last Chance Commission”: Key Policy Considerations Regarding the Newly Appointed European Commission

On the 10 December, the new European Commission took its oath of independence before the European Court of Justice.

January 7, 2015

2014 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

The U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") continue to deploy DPAs and NPAs aggressively.  This past year left no doubt that such resolutions are a vital part of the federal corporate law enforcement arsenal, affording the U.S.

January 6, 2015

Developments in Virtual Currency: Regulation and Enforcement Actions Gain Momentum

The pace of regulation and enforcement actions relating to virtual currencies has continued to pick up during the fall of 2014.

January 5, 2015

2014 Year-End FCPA Update

In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.

January 5, 2015

U.S. Environmental Protection Agency Issues Final Regulations Addressing Coal Combustion Residuals from Electric Utilities Under Subtitle D of Resource Conservation and Recovery Act

On December 19, 2014, the United States Environmental Protection Agency ("EPA") issued its final rule governing the storage and disposal of coal combustion residuals ("CCRs")--commonly known as "coal ash"--from electric utilities. 

December 29, 2014

Elite Appellate Lawyers Dominate Texas Politics

Dallas partner James C. Ho is the author of "Elite Appellate Lawyers Dominate Texas Politics" [PDF] published in Texas Lawyer.

December 22, 2014

M&A Report – Delaware Supreme Court Issues Important Guidance on Revlon Duties

On December 19, 2014, the Delaware Supreme Court issued a ruling reversing an order of the Court of Chancery granting a preliminary injunction that would have enjoined an agreed-to merger and required a mandatory post-signing 30-day go-shop period.  In C&J Energy Services, Inc. v.

December 22, 2014

President Obama Signs the Ukraine Freedom Support Act into Law, Authorizing New Sanctions on Russian Entities and Foreign Companies Conducting Business in Russia

On December 18, 2014, President Barack Obama signed the Ukraine Freedom Support Act of 2014 ("Ukraine Freedom Support Act"), which provides him with the authority to impose additional economic sanctions on foreign persons conducting particular transactions in certain Russian economic sectors, notably the energy and defense sectors.  The law, which originated as S.2828 in the United States Senate and H.R. 5859 in the House of Representatives and passed both with unanimous consent, further increases the economic pressure on Russia followings its annexation of Crimea in March 2014 and its continued support of separatist activities in eastern Ukraine.  The law provides the President with new powers, though generally does not require that he impose new sanctions.

December 22, 2014

2014 FERC Enforcement Year In Review

Washington, D.C. partner Bill Scherman and senior associate Jason Fleischer are the authors of "2014 FERC Enforcement Year In Review" [PDF]  published by Law360 at www.law360.com on December 22, 2014.

December 22, 2014

Supreme Court Round Up: A Summary of the Court’s Opinions, Upcoming Arguments, and Other Developments (December 2014)

As the Supreme Court continues its 2014 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in cases that will be argued, as well as other key developments at the Court.

December 19, 2014

U.S. Government Takes First Step Toward Normalizing Relations with Cuba; Restores Diplomatic Ties and Eases Trade Sanctions

On December 17, 2014, President Obama announced "the most significant changes to [U.S.] Cuba policy in more than 50 years."  According to information released by the White House, the United States and Cuba will move to normalize diplomatic and economic relations and the United States will implement significant changes to its sanctions policies and regulations with respect to Cuba.  On a broad diplomatic level, the U.S.

December 18, 2014

A Reminder to Focus on Form in Assessing Limits of Business Entities

New York partner James L. Hallowell and associate Brian R. Morgenstern are authors of "A Reminder to Focus on Form in Assessing Limits of Business Entities" [PDF] published in the December 17, 2014 issue of Delaware Business Court Insider.

December 17, 2014

Merger Control in Ireland

Brussels partner Peter Alexiadis reviewed the book Merger Control in Ireland [PDF] by Marco Hickey in the December 2014 issue of the Law Society of Ireland Gazette.

December 16, 2014

M&A Report – Using Spin-offs to Raise Cash, Reduce Debt and Recapitalize

Spin-offs continue to be a prominent feature of the deal landscape; new transactions are announced on an almost weekly basis. For example, Barnes & Noble recently said that it plans to spin off its Nook business, eBay said that it would spin off PayPal, and Hewlett Packard announced that it would spin off its printer and computer business.

December 15, 2014

United States v. Newman: Second Circuit Ruling Portends Choppier Waters for Insider Trading Charges Against Downstream Tippees

On December 10, 2014, the United States Court of Appeals for the Second Circuit issued its much-anticipated decision in United States v. Newman, which vacated the convictions of and dismissed with prejudice the indictments against two high-profile insider trading defendants--Anthony Chiasson and Todd Newman.  In overturning their convictions the Second Circuit both clarified the heavy evidentiary burden needed to convict downstream tippees who are several levels removed from the original tipper, and returned life to the "personal benefit" test for when a tipper breaches a fiduciary duty.  This ruling likely will have significant repercussions for criminal and civil insider trading cases in the Second Circuit.  The Trial and ConvictionsChiasson and Newman were succe

December 15, 2014

Deception Concerns Loom Large At CFPB Over Prepaid Cards

New York partners Reed Brodsky and Arthur Long, associate Mary Beth Maloney and law clerk Chelsea Kelly are authors of "Deception Concerns Loom Large At CFPB Over Prepaid Cards" [PDF] published by Law360 on December 15, 2014 at www.law360.com

December 15, 2014

Completion Accounts: Good for Private Equity Buyers?

London partner Nick Tomlinson is the author of "Completion Accounts: Good for Private Equity Buyers?" [PDF] published in the 15 December 2014 issue of Private Equity News.

December 15, 2014

A Safe Harbor for All

Munich partner Markus Nauheim is author of "A Safe Harbor for All" [PDF] published in the December 11, 2014 issue of the German Business Law Magazine.

December 11, 2014