Client Alert - Gibson Dunn

Client Alert

China Adopts Fundamental Changes in Foreign Exchange Control

After a public consultation period of three months, the PRC State Administration of Foreign Exchange ("SAFE"), China's foreign exchange control authority, issued the Foreign Exchange Administration Rules on Cross-border Guarantees (the "New Rules") on May 19, 2014.

May 20, 2014

Environmental Protection Agency Proposes Revisions to MACT Standards Applicable to Petroleum Refinery Operations

Proposed Rule Mandates Fenceline Monitoring for Benzene and Combustion Efficiency Requirements for Flares On May 15, 2014, the Environmental Protection Agency proposed revisions to the MACT standards applicable to petroleum refinery operations.

May 19, 2014

Supreme Court Round Up: A Summary of Recent Opinions, Cases Pending Decisions, and Other Developments (May 2014)

With the Supreme Court having completed argument for the October Term 2013, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that have been argued this Term or will be argued next Term, and other key developments.

May 16, 2014

French Decree Requires Government Approval for Foreign Investments in Strategic Business Sectors

On May 14, 2014, the French government extended the blocking power of the French Ministry of Economy with respect to foreign investments regarding six new business sectors.

May 16, 2014

The Supreme Court of Delaware Upholds Fee-Shifting Bylaws as Facially Valid

A recent decision of the Supreme Court of Delaware may give Delaware corporations an important tool to discourage meritless shareholder litigation.  In ATP Tour, Inc.

May 13, 2014

The FERC Enforcement Process: Time for Structural Due Process and Substantive Reforms

Washington, D.C. partner Bill Scherman, senior associate Jason Fleischer and of counsel Brandon Johnson are the authors of "The FERC Enforcement Process: Time for Structural Due Process and Substantive Reforms" [PDF] published by the Energy Law Journal on May 13, 2014.

May 13, 2014

Applying Morrison Extra-Territorial Limits of U.S. Securities Laws, Second Circuit Rejects Claims Regarding Securities Dual Listed on U.S. and Foreign Exchanges

On May 6, 2014,  the U.S. Court of Appeals for the Second Circuit issued a ruling which continued the recent trend of further restricting the extra-territorial application of the U.S.

May 9, 2014

CERCLA Recoveries Have A New Limit For Subcontractors

Washington, D.C. associate David Fotouhi is the author of "CERCLA Recoveries Have A New Limit For Subcontractors" [PDF] published by Law360 on May 6, 2014, at www.law360.com

May 6, 2014

To Institute or Not to Institute IPR? That Question Is Not Immediately Reviewable by the Federal Circuit

In a series of three opinions issued on April 24, 2014, the Federal Circuit has decided that decisions by the Director of the U.S. Patent & Trademark Office to institute -- or not to institute -- an inter partes review ("IPR") under 35 U.S.C.

May 5, 2014

Supreme Court Changes Standard for Award of Attorneys’ Fees in Patent Cases Pursuant to Section 285

On April 29, 2014, the U.S. Supreme Court issued a pair of unanimous decisions lowering the bar for parties to recover their attorneys' fees in "exceptional" patent cases pursuant to 35 U.S.C.

May 2, 2014

Initial Stages of Federal Litigation: Overview

Los Angeles partner Marcellus McRae and associate Roxanna Iran are the authors of "Initial Stages of Federal Litigation: Overview" [PDF] was published in May 2014  by PracticalLaw.com.

May 1, 2014

2013 Antitrust Enforcement Update: Part 2 (Europe)

New York associate Daniel Chirlin and London of counsel Deirdre Taylor are the authors of "2013 Antitrust Enforcement Update: Part 2 (Europe)" published in the May 2014 edition of Westlaw Journal.

May 1, 2014

U.S. Supreme Court Resurrects EPA’s Transport Rule in EME Homer City Generation Decision

On April 29, 2014, the U.S. Supreme Court reversed the decision of a divided panel of the D.C. Circuit which vacated EPA's Transport Rule, also known as the Cross-State Air Pollution Rule.

May 1, 2014

Speaking a Common Language with Latin America: Economics

The following article written by Gibson Dunn partner Jose W. Fernandez appears in the Spring 2014 issue of Americas Quarterly, the journal of the Council of the Americas.  It argues that improving U.S.-Latin American relations means deepening already strong economic and historical ties rather than pursuing dramatic new initiatives.  Mr. Fernandez joined the firm's New York office in 2013 after serving for nearly four years at the State Department, where he was appointed Assistant Secretary of State for Economic, Energy and Business Affairs in 2009.

May 1, 2014

2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 2)

Washington, D.C. partner Joseph Warin and associates Brendan Fleming and J. Matt Williams are the authors of "2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 2)" [PDF] published in the May 2014 issue of Westlaw Journal's White Collar Crime.Part 1 of this article was published in April 2014 (http://www.gibsondunn.com/publications/Pages/2013-Year-End-Update-on-Corporate.aspx).

May 1, 2014

Implications of the SEC’s Increased Focus on Cybersecurity

Denver Of Counsel Ryan Bergsieker is the author of "Implications of the SEC's Increased Focus on Cybersecurity" [PDF] published in the May 2014, Volume 18, Issue 5 of the Wall Street Lawyer.

May 1, 2014

Insights – Inside the SEC

Orange County associate Michael Titera is the author of "Insights - Inside the SEC" [PDF] published in the May 2014 issue of Insights.

May 1, 2014

Revised EU Antitrust Rules on Technology Licensing

The European Commission (the "Commission") has enacted a revised Block Exemption Regulation governing technology transfer agreements.  The revised regime has been enacted following two prior consultation phases in 2011/2012 and in 2013 (the "Consultations") (cf.

April 30, 2014

European Parliament Adopts Broad New Compliance and Sustainability Reporting Requirements

On April 15, 2014, the European Parliament adopted the Directive on Disclosure of Non-Financial and Diversity Information by Certain Large Companies and Groups (the "Directive").

April 29, 2014

White House, European Union Announce Additional Ukraine-Related Sanctions Designations

In the Obama Administration's latest response to the ongoing crisis in Ukraine, the Office of Foreign Assets Control ("OFAC") at the U.S.

April 29, 2014