Client Alert - Gibson Dunn

Client Alert

Sweeping Executive Order Increases Government Contractors’ Labor Law Compliance Burdens

On July 31, 2014, President Obama issued the Fair Pay and Safe Workplaces Executive Order (E.O.

August 13, 2014

Immunity, Sanctions & Settlements – Germany

Brussels and Munich partner Jens-Olrik Murach is the author of “Immunity, Sanctions & Settlements – Germany” [PDF] published on May 20, 2014 in Global Competition Review.

August 12, 2014

Implications of Recent Delaware Court of Chancery Decisions on MLP Related Party Transactions

In two recent decisions written by Vice Chancellor Travis Laster, the Delaware Court of Chancery provided helpful judicial guidance on the application of the covenant of good faith in the context of related party transactions involving master limited partnerships (MLPs).  In both decisions, the Court made clear that when dealing with limited partnerships, contractual terms control and that, once fiduciary duties are contractually eliminated as permitted by Delaware law, courts should not imply terms that would alter the contract or attempt to reconstruct outcomes that fiduciary duty analysis in the corporate setting would generate.An MLP is a publicly traded limited partnership with qualifying assets that is treated as a pass-through entity for federal income tax purposes.

August 11, 2014

Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned From Recent U.S. Resolution Agreements

Washington, D.C. partner Michael Diamant is the author of “Learning the Hard Way: Ethics and Compliance Program Lessons Gleaned From Recent U.S. Resolution Agreements” [PDF] published in the August 8, 2014 issue of Bloomberg BNA’s Corporate Law & Accountability Report.  Reproduced with permission from Corporate Accountability Report, 12 CARE 32, 08/08/2014.

August 8, 2014

USD 100 Million to Stay on the Racing Track — Munich Court Shows That German Anti-Corruption Laws Have Teeth

This week's landmark decision taken by the Munich regional court (Landgericht München I) in the bribery trial against Bernie Ecclestone not only marked the end of a three-year-long investigation but also delivered a new USD 100 million record settlement in an individual criminal proceeding.

August 7, 2014

Bear Baiting – EU Sectoral Sanctions Against Russia

The European Union (the "EU") has over the course of the last two days adopted wide-ranging sectoral sanctions against the Russian Federation, which will apply throughout the EU's 28 member states.

August 6, 2014

District Court Upholds Government’s Ability to Seek Digital Information Stored Abroad

On July 31, 2014, Chief U.S. District Judge Loretta A. Preska of the Southern District of New York ruled that the government can use a search warrant issued under the Stored Communications Act ("SCA") to gain access to digital information within the control of a U.S.-based internet service provider but stored on a foreign server.  Under Judge Preska's ruling, service providers must comply with SCA warrants regardless of where the information is actually stored.  Specifically, Chief Judge Preska's ruling adopts the findings of Magistrate Judge James C.

August 4, 2014

2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology’ in eDiscovery?

Orange County partner Gareth Evans and New York partner Jennifer Rearden are the authors of “2014 Mid-Year eDiscovery Update: Is This the ‘Year of Technology’ in eDiscovery?” [PDF] published in the July 31, 2014 issue of Bloomberg BNA’s Digital Discovery & e-Evidence.Reproduced with permission from Digital Discovery & e-Evidence, 14 DDEE 372, 7/31/14.

July 31, 2014

When Supply Contracts are Considered Swaps: The Effects of the CFTC’s Interpretation of Embedded Volumetric Optionality on Derivatives End-Users

As regulators implement Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act"), much of what was left vague in the statute is coming into focus.

July 29, 2014

UK Employment – 2014 Mid-Year Review

In this alert we review recent key developments in UK employment law and look forward to some significant changes that are on the horizon later in the year and in early 2015.

July 29, 2014

The ECJ Confirms That “Public Undertakings” or Firms with “Special or Exclusive Rights” are Presumed to Be Acting Illegally: the Greek Lignite Case

The sweeping powers of the European Commission (the "Commission") under Article 106 of the Treaty on the Functioning of the European Union ("TFEU") in relation to ex-State monopolies or firms which enjoy "special or exclusive rights" have been vindicated by the European Court of Justice ("ECJ"), after years of inactivity in the implementation of that provision by the Commission.

July 28, 2014

Recent Developments Related to Litigation Involving the Education Sector (July 2014)

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.

July 24, 2014

White-Collar Enforcement’s ‘Compliance Effect’

Los Angeles partner Michael Farhang is the author of “White-Collar Enforcement’s ‘Compliance Effect’” [PDF] published in the July 23, 2014 issue of the Daily Journal.

July 23, 2014

2014 Mid-Year French Law Update

While the first year of President Hollande's mandate has been focused on societal reforms (same-sex marriage, immigration, justice, reform of school timetables), his New Year's Address confirmed that the Government's efforts should concentrate on employment and growth for 2014.  Pledges to cut public spending, reduce labor costs for businesses and lower taxes have been made.The current Administration is trying to place greater emphasis on social negotiation, which has been the case notably with the "responsibility pact" for business, entered into with French employers' associations.  At the same time, faced with the duty to deal with certain controversial public debates, the French Administration has been pressed, in certain circumstances, to take urgent legislation (as

July 22, 2014

Real Estate and Tax Practice News – Sommer 2014 (German language)

Der Newsletter stellt Ihnen aktuelle Entscheidungen aus dem Immobilienrecht und Immobiliensteuerrecht vor und erläutert deren Auswirkungen auf die Praxis.The newsletter introduces new decisions in the Real Estate Practice and in Real Estate Tax Law and explains the practical implications.______________________________© 2014 Gibson, Dunn & Crutcher LLP Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

July 22, 2014

Indian Government Amends Pricing Guidelines

Pursuant to a circular dated July 15, 2014 and a notification ("RBI Notification"), the Reserve Bank of India ("RBI") has amended the pricing guidelines that are applicable for the issuance or transfer of equity shares, compulsorily convertible preference shares and compulsorily convertible debentures of unlisted Indian companies.

July 21, 2014

U.S. Treasury Department Sanctions Russian Entities in Financial Services and Energy Sectors in Response to Evolving Ukraine Crisis; Expands List of Blocked Persons

Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued a series of Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.

July 21, 2014

Eight Propositions Regarding the Scope of Halliburton II

Washington, D.C. partner Mark Perry and Palo Alto partner Jonathan Dickey are the authors of "Eight Propositions Regarding the Scope of Halliburton II" [PDF] published in the July 21, 2014 issue of Bloomberg BNA's Securities Regulation & Law Report.Reproduced with permission from Securities Regulation & Law Report, 46 SRLR 1403, 07/21/2014.

July 21, 2014

An Expert’s View: Mid-Year Trends in Large Cap and Middle Market Loan Terms

New York partner Janet Vance is the author of "An Expert’s View: Mid-Year Trends in Large Cap and Middle Market Loan Terms" [PDF] that “examines issues around OFAC and anti-money laundering representations and describes factors that may affect middle market deal activity.” The article was published in the July/August 2014 issue of Thomson Reuters's Practical Law The Journal.This material from Practical Law The Journal has been reproduced with the permissions of the publisher, Thomson Reuters.

July 17, 2014

UK Shareholder Transparency: Proposed Creation of Register of Individuals with Significant Control over Non-Public Companies

On June 25, 2014, the UK Government published the Small Business, Enterprise and Employment Bill which, among other things, proposes that all UK companies (other than publicly traded companies reporting under the Disclosure and Transparency Rules (DTR5)) be required to maintain a register of people who have significant control over the company.

July 17, 2014