Client Alert - Gibson Dunn

Client Alert

The Commodities Activities of Banks: Comments on the Federal Reserve’s Advance Notice of Proposed Rulemaking

On April 16, 2014, the public comment period for the Federal Reserve's Advance Notice of Proposed Rulemaking (ANPR) relating to the physical commodities activities of U.S.

April 28, 2014

In re Free Lance-Star Publishing Co. Follows In re Fisker in Limiting Credit Bid in “Loan To Own” Transaction

The recent decision of Judge Kevin R. Huennekens of the United States Bankruptcy Court for the Eastern District of Virginia, Richmond, in In re Free Lance-Star Publishing Co.

April 23, 2014

The SEC Assesses Cybersecurity Preparedness in the Securities Industry in the Wake of the Cybersecurity Roundtable

The Securities and Exchange Commission ("SEC") plans to review the cybersecurity defenses of registered broker-dealers and investment advisers, according to a Risk Alert issued by the SEC's Office of Compliance Inspections and Examinations ("OCIE") on April 15, 2014.  The announcement of this effort comes shortly after the SEC hosted a Cybersecurity Roundtable (the "Roundtable") on March 26, 2014, during which the SEC emphasized the importance of gathering information and determining what additional steps should be taken to address threats posed by cybersecurity.     What Is the Focus of the OCIE Cybersecurity Initiative?The OCIE will conduct examinations of more than 50 registered broker-dealers and registered investment adv

April 23, 2014

Recent Developments Related to Litigation Involving the Education Sector (April 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.

April 22, 2014

China Further Eases Restrictions on Outbound Investments

In an effort to further liberalize the approval regime for outbound investments by Chinese companies, the National Development and Reform Commission ("NDRC"), China's top economic planner, issued the Administrative Measures for Verification and Filing of Outbound Investment Projects (the "New Rules") on April 8, 2014.  The Administrative Rules will take effect on May 8, 2014 and are expected to lead to more M&A activities by Chinese companies outside of China.  Delegation of AuthorityOutbound investments by Chinese companies require government approval.  The approvals are granted by either the central or the local governments, depending primarily on the amount of funds involved in a particular investment.  Under the existing rules, for

April 18, 2014

Update on Recent Court Decisions Relating to the Dissolution of Redevelopment Agencies in California (April 2014)

This is the first in a series of updates we plan to circulate to briefly summarize recent merits rulings issued in the large number of cases currently pending in Sacramento Superior Court challenging the application of AB1x 26("AB 26") and AB 1484 (collectively, the "Dissolution Law").

April 16, 2014

Entire Fairness Revlon Standards When Control Group Is Involved

New York partner Aric Wu and associate Jefferson Bell are the authors of "Entire Fairness Revlon Standards When Control Group Is Involved" [PDF] published by the Delaware Business Court Insider on April 16, 2014.

April 16, 2014

M&A Report – In Chen v. Howard-Anderson, Delaware Court of Chancery Issues Important Guidance Regarding M&A Transactions

On April 8, 2014, Vice Chancellor Laster of the Delaware Court of Chancery issued an opinion addressing the reasonableness of a "market check" as well as required proxy disclosures to stockholders in M&A transactions.

April 14, 2014

The Department of Defense Issues New Regulations Regarding Security Clearances for Companies with Foreign Ownership

On April 9, 2014, the Department of Defense ("DoD") issued an interim final rule creating a new section of the Code of Federal Regulations ("CFR") covering the National Industrial Security Program ("NISP").  These new regulations are solely focused on the Defense Security Service's ("DSS") evaluation of foreign ownership, control, or influence ("FOCI").

April 11, 2014

Litigation Legal Holds and ‘Bring Your Own Device’

New York partner Jennifer Rearden and associate Goutam Jois are the authors of "Litigation Legal Holds and 'Bring Your Own Device'" [PDF] published by Bloomberg BNA's Digital Discovery and e-Evidence on April 10, 2014.

April 10, 2014

From Kick-off to Kick-back: the latest Bribery Act prosecutions

London associate Mark Handley is the author of "From Kick-off to Kick-back: the latest Bribery Act prosecutions" published by The Lawyer on April 9, 2014.

April 9, 2014

M&A Report – Delaware Decision Highlights Practical Difficulties in Seeking Indemnification for Third Party Claims in M&A Agreements

On March 27, 2014, Vice Chancellor Parsons of the Delaware Court of Chancery issued an opinion that provides valuable guidance for M&A practitioners drafting or complying with contractual provisions governing indemnification for third party claims.  In I/MX Information Management Solutions, Inc.

April 8, 2014

6th Circ.’s Impact On EPA Review Of Source Modifications

Washington, D.C. associates Stacie Fletcher and David Fotouhi are the authors of "6th Circ.'s Impact On EPA Review Of Source Modifications" [PDF] published by Law360 on April 8, 2014 at www.law360.com.

April 8, 2014

Pressure Mounts to Disclose Fracking Chemicals

Washington, D.C. partner Michael Murphy and senior associate Claudia Barrett are the authors of "Pressure Mounts to Disclose Fracking Chemicals" published by the National Law Journal on April 7, 2014. 

April 7, 2014

2013 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements (Part 1)

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 1)" [PDF] published in the April 2014 issue of Westlaw Journal's White Collar Crime.

April 1, 2014

The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration

London partner Cyrus Benson is the author of "The IBA Guidelines on Party Representation: An Important Step in Overcoming the Taboo of Ethics in International Arbitration" [PDF] published in April 2014 by The Paris Journal of International Arbitration 2014-1 (“Les Cahiers de l’Arbitrage 2014-1”).

April 1, 2014

U.S. Supreme Court Resolves Circuit Split on Standing to Bring Lanham Act False Advertising Claims

On March 25, 2014, the U.S. Supreme Court issued a decision that resolves a split among the courts of appeals on the requirements for standing to bring a false advertising claim under the federal Lanham Act.

March 26, 2014

Border Insecurity: Searches and Seizures of Electronic Devices Entering the U.S.

New York partner Lee Dunst and associate Rachel Brook are the authors of “Border Insecurity: Searches and Seizures of Electronic Devices Entering the U.S.” published on March 26, 2014 in the Bloomberg BNA Criminal Law Reporter.Reproduced with permission from The Criminal Law Reporter, 94 CrL 776, 03/26/2014.

March 26, 2014

President Obama Signs Third Executive Order Blocking Property of Additional Persons Contributing to the Situation in Ukraine and Targeting Certain Russian Economic Sectors

On March 20, 2014, President Obama, responding to the ongoing crisis in Ukraine, signed an Executive Order "Blocking Property of Additional Persons Contributing to the Situation in Ukraine." ("Third Ukraine E.O." or "E.O.").  The text of the E.O.

March 25, 2014

The German KAGB – A New Era for the Alternative Investment Industry?

Munich associates Marcus Geiss and Katharina Saulich are the authors of “The German KAGB – A New Era for the Alternative Investment Industry?” published on March 24, 2014 in the Bloomberg BNA Securities Regulation and Law Report.Reproduced with permission from Securities Regulation & Law Report, 46 SRLR 558, 03/24/2014.

March 24, 2014