Client Alert - Gibson Dunn

Client Alert

New Swiss/EU Cooperation Agreement Creates Enhanced Enforcement Opportunities for Antitrust Regulators, but Leaves Uncertainty for Companies

On 1 December 2014, a bilateral cooperation agreement on competition matters, signed in May 2013, between the European Union (the "EU") and the Swiss Confederation came into force (the "Cooperation Agreement").

December 10, 2014

2014 Fracking Year In Review: California Edition

Los Angeles partner Jeffrey Dintzer and associates Matt Wickersham, David Edsall Jr.  and Nathaniel Johnson are the authors of “2014 Fracking Year In Review: California Edition” [PDF] published by Law360 on December 10, 2014 at www.law360.com.

December 10, 2014

The First Annual Conflict Minerals Filings: Observations and Next Steps

As companies prepare for the second year of filings under the Securities and Exchange Commission's ("SEC") new conflict minerals rule, many companies are looking for guidance from the first annual filings, which were due June 2, 2014.  As expected, the inaugural Form SD and conflict minerals report filings reflect diverse approaches to the new compliance and disclosure requirements.  We offer below some observations based on the first round of conflict minerals filings for companies to consider as they address their compliance programs and disclosures for the 2014 calendar year.  It is important to note, however, that the shape of future compliance and reporting obligations will be impacted by the outcome of the pending litigation challenging the conflict mine

December 5, 2014

Los Angeles Should Block Its Own Ban On Fracking

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of “Los Angeles Should Block Its Own Ban On Fracking” [PDF] published by Law360 on December 5, 2014 at www.law360.com.

December 5, 2014

MENA private equity sees new dawn on littered landscape

London/Dubai partner Paul Harter is the author of "MENA private equity sees new dawn on littered landscape" [PDF] published in the December 5, 2014 issue of AltAssets.

December 5, 2014

Recent French Court Decision Cancels Whistleblowing Procedure That Did Not Limit the Scope of Information French Employees Could Report (irrespective of the U.S. Sarbanes-Oxley Act)

IntroductionFollowing the adoption of the Sarbanes-Oxley Act on July 30, 2002, companies publicly listed on US stock markets have to implement -- including in their foreign subsidiaries -- internal control mechanisms, such as whistleblowing procedures, in order to prevent malpractice, mismanagement or misconduct.French law has imposed strict conditions on the implementation of such whistleblowing procedures in France.

December 3, 2014

Overview of New Key 2015 Legislation for California Employers

In California, more than a dozen new employment-related laws are set to go into effect next year.  Some of these may require employers with a presence in California to make extensive revisions to their policies and practices while others may subject employers to extensive new potential exposure.  Key changes that you need to be aware of are summarized below.AB 1443 – Unpaid Interns AB 1443 extends legal protections against discrimination and harassment to unpaid interns and other participants in training programs of limited durations.  The bill amends Government Code Section 12940 (FEHA) to make it unlawful to "discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any

December 2, 2014

New California State Law Requiring California Employers to Provide Paid Sick Leave

The California Legislature recently enacted the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), which will require employers to provide paid sick leave each year for most California employees.  AB 1522 establishes the minimum requirements pertaining to paid sick days in California.  It does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of paid or unpaid sick days.  CoverageUnder AB 1522, exempt and non-exempt employees who, on or after July 1, 2015, work in California for 30 or more days within a year from the commencement of employment, will be entitled to paid sick days.  Employees will be entitled to use accrued paid sick days,

December 2, 2014

‘2ab’ FERC Merger Analysis Easy as 1, 2, 3

Washington D.C. Partner William S. Scherman and Washington D.C. and New York Of Counsel Jeffrey M. Jakubiak are authors of "'2ab' FERC Merger Analysis Easy As 1, 2, 3" [PDF] published in the December 1, 2014 issue of Law360.

December 1, 2014

Lessons in Control and Conflict Analysis

San Francisco Partner Thad A. Davis and associate Nicola Paterson are authors of "Lessons in Control and Conflict Analysis" [PDF] published in the November 26, 2014 issue of the Delaware Business Court Insider.

November 26, 2014

SEC Adopts Rule Creating New Regulatory Framework to Strengthen Technological Infrastructure of U.S. Securities Markets

Twenty months after proposing regulations to minimize incidents of disruptive trading and potentially catastrophic trading malfunctions, the SEC, on November 19, 2014, adopted Regulation Systems Compliance and Integrity ("Regulation SCI") to enhance confidence in U.S.

November 25, 2014

Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide – UK

London partners Charles Falconer and Patrick Doris and associates Sunita Patel, Meghan Higgins and Jennifer Darcy are the authors of the United Kingdom chapter of "Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide" [PDF].Reproduced with permission from Law Business Research Ltd.

November 21, 2014

Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide – US

Century City partner Scott Edelman, Los Angeles partner Perlette Michèle Jura and associates Nathaniel Bach and Miguel Loza, Jr. are the authors of the US Chapter of "Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide" [PDF].Reproduced with permission from Law Business Research Ltd.

November 21, 2014

SEC v. Obus: A Case Study on Taking the Government to Trial and Winning

Gibson Dunn partner Joel M. Cohen and associates Mary Kay Dunning, Darcy Harris and Genevieve Quinn are the authors of the following article published in a recent issue of the Review of Securities & Commodities Regulation.  The team, who represented Nelson Obus in SEC v.

November 20, 2014

2013/2014 Federal Circuit Year in Review

We are pleased to present Gibson Dunn's second "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 128 precedential patent opinions issued by the Federal Circuit over the 2013-2014 year.

November 20, 2014

M&A Report – Determining the Likely Standard of Review Applicable to Board Decisions in Delaware M&A Transactions

M&A practitioners are well aware of the several standards of review applied by Delaware courts in evaluating whether directors have complied with their fiduciary duties in the context of M&A transactions.

November 18, 2014

What’s the Big Deal? Why Some Seemingly Material Acquisition Agreements Might Never See the Light of Day

Orange County partner James Moloney and associates Mike Titera and Kevin Hill are the authors of "What's the Big Deal? Why Some Seemingly Material Acquisition Agreements Might Never See the Light of Day" [PDF] published in the November-December 2014 issue of Deal Lawyers.

November 17, 2014

Health regulation makes for strange bedfellows

Dallas partner James C. Ho is the author of "Health regulation makes for strange bedfellows" [PDF] published in the November 16, 2014 issue of The Texas Tribune.

November 16, 2014

The EU Adopts the Damages Directive: The Emergence of an EU Level Playing Field in Private Antitrust Actions

The EU levels the playing field for antitrust damages across the Member States, drives its members towards the UK model, and saves its most far-reaching provisions for the protection of its leniency regime. IntroductionAs part of its emphasis on the need to enhance deterrence against antitrust violations, the European Commission has over the past decade been fine-tuning proposals to create an effective European private enforcement regime through the pursuit of damages actions before European Union ("EU") Member State courts.  The approval by the European Parliament on 17 April 2014 of a new Directive on Private Damages Actions in Competition Law (the "Directive"), which was signed by the European Council of Ministers on 10 November 2014, seeks to est

November 14, 2014

Ninth Circuit Holds That State Is Precluded from Seeking Remedies Released Through Previous Class Action Settlement

An important new Ninth Circuit case holds that class action settlements may limit the remedies available in subsequently filed state enforcement actions.  In California v. IntelliGender, Case No.

November 13, 2014