Client Alert - Gibson Dunn

Client Alert

OCC Proposes Guidelines for Heightened Governance Standards for Large U.S. Banks and Their Boards

The Office of the Comptroller of the Currency (OCC) has issued for public comment proposed guidelines (Guidelines) to establish minimum standards for risk management governance at large insured national banks, insured federal savings associations, and insured branches of non-U.S.

January 30, 2014

UK Employment — Key Developments for 2014

In this update we review recent key developments in UK employment law and look forward to some significant changes that are on the horizon in 2014.

January 30, 2014

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

This is the latest update of significant developments relating to qui tam, securities, and other lawsuits and investigations involving schools, especially private-sector schools.

January 30, 2014

Are You Ready to Report? European Market Infrastructure Regulation (EMIR) Derivatives Reporting Obligation Becomes Effective on February 12, 2014

Updated on March 11, 2014On February 12, 2014, derivatives reporting obligations under the European Market Infrastructure Regulation ("EMIR") came into force with immediate effects on all derivatives counterparties that fall under the scope of EMIR.  As a result of these new trade reporting obligations, many derivatives counterparties that do not have reporting obligations or are exempt from such obligations under the laws of other jurisdictions, such as the United States, find themselves subject to reporting requirements under EMIR.

January 29, 2014

UK/EU Corporate Governance Update: New Tools and Guidance for the Active Investor

On 12 November 2013, the European Securities and Markets Authority ("ESMA") published a long-awaited statement setting out guidance for investors on shareholder co-operation and "acting in concert" under the European Directive 2004/25/ac on Takeover Bids ("TBD").

January 28, 2014

The Paltry Power Of The Precautionary Principle

Orange County Of Counsel James Sabovich is the author of "The Paltry Power Of The Precautionary Principle" [PDF] published by Law360 on January 27, 2014 at www.law360.com.

January 27, 2014

FTC Announces New Hart-Scott-Rodino Thresholds

The Federal Trade Commission has released its annual adjustments to the Hart-Scott-Rodino Act (HSR) jurisdictional thresholds and the various exemption thresholds in the HSR rules.  All dollar amounts that are subject to annual indexing will increase by nearly 7% over the current adjusted thresholds for transactions closing on or after February 24, 2014.  In addition, the FTC announced revised jurisdictional thresholds under Section 8 of the Clayton Act, which prohibits certain director and management interlocks between competitors.  The new thresholds will be effective until around the same time next year.  The new minimum size-of-transaction filing threshold under HSR will be $75.9 million (increased from the current $70.9 million adjusted threshold).

January 24, 2014

U.S. Supreme Court Places the Burden of Proving Infringement on Patent Holders in Declaratory Judgment Actions

On January 22, 2014, the Supreme Court decided Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S.

January 23, 2014

2013 Year-End Strategic Sourcing and Technology Transactions Update

2013 proved to be another active year in the outsourcing and technology transactions marketplace. We continued to see a steady flow of traditional information technology outsourcing transactions mixed with an ever expanding variety of business process outsourcing transactions.

January 22, 2014

OSHA’s New Emphasis on the Retail Industry

The Occupational Safety and Health Administration ("OSHA") has recently stepped up its enforcement activities in the retail industry. Those in the industry should be mindful of OSHA's new emphasis and its potentially costly consequences.

January 22, 2014

Reassessing the SEC Wells Submission

San Francisco partner Marc Fagel is the author of "Reassessing the SEC Wells Submission" [PDF] published in the January 22, 2014 issue of The Review of Securities & Commodities Regulation.

January 22, 2014

Top Five M&A Lessons From Delaware Courts in 2013

Dallas partner Rob Little and associate Caitlin Calloway are the authors of "Top Five M&A Lessons From Delaware Courts in 2013" [PDF] published in the January 21, 2014 issue of the Delaware Business Court Insider.

January 21, 2014

2013 Year-End Securities Litigation Update

2013 proved to be a watershed year for securities litigation, and 2014 is shaping up to be a "career killing" year for plaintiffs' lawyers specializing in 10b-5 class actions.

January 21, 2014

The Key Benefits Of Forming A Joint Venture

New York partner Rashida La Lande is the author of "The Key Benefits Of Forming A Joint Venture" [PDF] published by Law360 on January 21, 2014 at www.law360.com.

January 21, 2014

Considerations for Public Company Directors in the 2014 Proxy Season and Beyond

Gibson Dunn discusses several key shareholder proposal and corporate governance topics for public companies and their boards to consider in 2014.

January 16, 2014

Guidance for Financial Institutions on the Risks and Threats of Virtual Currency

On November 18, 2013, the U.S. Senate Committee on Homeland Security and Governmental Affairs held a hearing on the potential risks of virtual currencies.

January 16, 2014

India Eases Restrictions on Instruments with Put and Call Options as an Exit Mechanism for Foreign Investors

Pursuant to a notification dated November 12, 2013 and a subsequent circular dated January 9, 2014 ("RBI Notification"), the Reserve Bank of India ("RBI") has legalized the use of call options and put options as an exit mechanism for foreign investors.

January 16, 2014

2013 Year-End Electronic Discovery and Information Law Update

Introduction In contrast with prior years, 2013 was notable for the general absence (with at least one exception) of blockbuster cases involving huge sanctions or imposing new e-discovery obligations.

January 15, 2014

2013 Year-End German Law Update

Gibson Dunn lawyers provide a comprehensive review of German business law during 2013, in areas including corporate, M&A, antitrust, tax, labor and employment, real estate, IP and data protection.

January 15, 2014

U.S. Court of Appeals for the D.C. Circuit Vacates FCC “Net Neutrality” Rules

Today, the United States Court of Appeals for the District of Columbia Circuit issued a decision vacating the FCC's anti-discrimination and anti-blocking requirements for broadband providers.

January 14, 2014