Over the past year, merger enforcement has continued to be a top priority for antitrust and competition authorities around the world. In the United States, there is new leadership at the helm of the Federal Trade Commission ("FTC") and Department of Justice, Antitrust Division ("DOJ").
March 21, 2014
Acquisition agreements typically contain provisions purporting to set the period in which the parties can make post-closing claims arising under the agreement. For example, an agreement might provide that most representations and warranties "survive" for one year after the closing, while claims for breaches of certain "fundamental" representations and warranties "survive" indefinitely or forever. Although practitioners typically draft these so-called "contractual survival provisions" without reference to applicable laws, such laws, and in particular laws concerning the statute of limitations, can have a significant effect on how courts will interpret such provisions. We examine below how the laws of Delaware can affect contractual s
March 20, 2014
Denver partner Robert Blume and associate Jason Stavers are the authors of "To Pay Or Not To Pay Witnesses?" [PDF] published by Law Week Colorado on March 20, 2014.
March 20, 2014
Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of “Fracking Ban Will Have Consequences” [PDF] published in the March 19, 2014 issue of the Daily Journal.
March 19, 2014
On March 14, 2014, the United States Department of Commerce announced that it is asking the Internet Corporation for Assigned Names and Numbers ("ICANN") to begin discussions on a transition proposal for replacing the Department with a non-governmental entity to serve as steward of the Internet's Domain Name System ("DNS").
March 18, 2014
In continued response to the ongoing crisis in Ukraine, on March 17, 2014, President Obama signed an Executive Order "Blocking Property of Additional Persons Contributing to the Situation in Ukraine." ("Second Ukraine E.O." or "E.O."). The text of the E.O.
March 18, 2014
On March 14, 2014, the Supreme Court of Delaware handed down an important decision in Kahn, et al., v. M&F Worldwide Corp., et al., No. 334, 2013 (Del.
March 17, 2014
Nearly two years ago, on April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act ("JOBS Act") into law. As part of the law's effort to encourage U.S.
March 12, 2014
Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of "Semiconductor Birth Defect Cases Keep Unraveling In Del." [PDF] published by Law360 on March 12, 2014 at www.law360.com.
March 12, 2014
In response to the ongoing crisis in Ukraine, on March 6, 2014, President Obama signed an Executive Order "Blocking Property of Certain Persons Contributing to the Situation in Ukraine" ("Ukraine E.O." or "E.O."). The text of the E.O.
March 10, 2014
On Friday, March 7, 2014, the California Court of Appeal in Los Angeles unanimously affirmed dismissal of a case against Gibson Dunn client Dole Food Company as a "fraud on the court" perpetrated by U.S.
March 10, 2014
The winds of investigation are blowing in Washington D.C.As you all know, in response to the record cold in the eastern United States, natural gas prices soared over the past few months.
March 7, 2014
This past Tuesday, March 4, the Supreme Court issued its first decision interpreting the "whistleblower" protection provision of the Sarbanes-Oxley Act of 2002 ("SOX"). In Lawson v. FMR LLC, No.
March 5, 2014
On March 4, 2014, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York entered judgment for plaintiff Chevron in Chevron Corp.
March 5, 2014
Washington, D.C. partners Joseph West and Judith Lee, New York partner Jose Fernandez, and Washington, D.C. associates Annie Yan and Sarah Gleich are the authors of "National Security Implications of Foreign Investment in U.S.
March 3, 2014
Washington, D.C. partner Judith Lee, London partner Patrick Doris and London associate Mark Handley are the authors of “Around the World: Clash of the Sanctions” [PDF] published in the March 2014 issue of the LexisNexis Antitrust Report.
March 3, 2014
On February 26, 2014, the Supreme Court decided Chadbourne & Parke LLP v. Troice, 571 U.S. ___ (2014), ruling by a 7-2 vote that the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") does not bar state-law securities class actions in which the plaintiffs allege that they purchased uncovered securities that the defendants misrepresented were backed by covered securities.
February 28, 2014
Orange County partner Joshua Jessen and Los Angeles associate Nathaniel Bach are the authors of "There's No Harm In Asking For Harm Post-Spokeo" [PDF] published by Law360 on February 27, 2014 at www.law360.com.
February 27, 2014
On February 18th, the Board of Governors of the Federal Reserve System (Federal Reserve) voted unanimously to approve a final rule (Final Rule) implementing the enhanced prudential standards contained in Section 165 of the Dodd-Frank Act.
February 24, 2014
New York partner Alexander Southwell and associate Stephenie Handler are the authors of "NIST Debuts Cybersecurity Framework" [PDF] published in the February 20, 2014 issue of ALM's Law Technology News.
February 20, 2014