In this update we review recent key developments in UK employment law and look forward to some significant changes that are on the horizon.The Employment Law Review A systematic review of UK employment law by the current Coalition Government began in 2010 and since then a package of reforms aimed at easing the perceived burden of employment regulation on employers (particularly small employers) have been proposed and consulted upon, many over the course of the last year. Some of the more controversial measures have been dropped following consultation, whereas others have been, and will continue to be, implemented this year through the Enterprise and Regulatory Reform Act 2013 ("ERRA"). The UK Employment Tribunals system has also come under scrutiny. Whilst origi
July 31, 2013
Washington, D.C. partner John Olson, New York partner Jonathan Dickey, Washington, D.C. partner Amy Goodman and Washington, D.C. of counsel Gillian McPhee are authors of “Current Issues in Director and Officer Indemnification and Insurance” [PDF] published in the July 2013 issue of Insights.
July 31, 2013
The Hiring Incentives to Restore Employment Act (the "HIRE Act"), enacted in 2010, contained provisions commonly referred to as "FATCA" that are intended to reduce the evasion of U.S.
July 31, 2013
I. BackgroundDefense counsel in European antitrust proceedings have long bemoaned the fact that "fundamental rights" did not effectively find their way into the fabric of the rights of the defence, despite their appearance in the European Convention on Human Rights (the "EHCR").
July 31, 2013
On 24 July 2013, the Code Committee of the UK Panel on Takeovers and Mergers (the Code Committee) published its Response Statement (RS 2012/1), following its consultation (PCP 2012/1) on proposals to amend the rules of the City Code on Takeovers and Mergers (the Code), the key changes relating to profit forecasts, quantified financial benefits statements and material changes in information.
July 30, 2013
Now that the Supreme Court has ended its 2012 Term, Gibson Dunn's Supreme Court Round-Up is continuing to track and summarize the issues presented in cases that will be argued in the 2013 Term, as well as other key developments at the Supreme Court. Gibson Dunn was involved in eight cases in the 2012 Term, and is already involved in five cases in the 2013 Term.
July 25, 2013
The Summer 2013 edition of the Gibson Dunn M&A Report contains timely information on several important M&A topics, including: Issues relating to sales of divisions and subsidiaries The renewed focus on the SEC's "unbundling" rulesPointers for golden parachute compensationInsights on important developments in M&A and corporate law in the UK To be directed to the M&A Report, click here: Gibson Dunn M&A Report - Summer 2013We hope you will find the Report useful.
July 22, 2013
At an Open Commission Meeting on July 10, 2013, the SEC adopted long-awaited final rules to allow advertising of private securities offerings, as required by the Jumpstart Our Business Startups Act (the JOBS Act).
July 22, 2013
Seit dem 7. Juni 2013 sind sog. "RETT-Blocker" Strukturen zur Vermeidung von Grunderwerbsteuer bei dem Erwerb von immobilienhaltenden Kapital- und Personengesellschaften nicht mehr möglich.
July 22, 2013
The deadline for the implementation of the European Union Directive 2011/61/EU on Alternative Investment Fund Managers ("AIFMD") into German law expires on July 22, 2013.
July 22, 2013
On July 19, 2013, Barbara Hagenbaugh, a spokeswoman for the Board of Governors of the Federal Reserve System (Federal Reserve) made the surprising announcement that the Federal Reserve "is reviewing the 2003 determination that certain commodity activities are complementary to financial activities and thus permissible for bank holding companies." The statement, upon which the Federal Reserve did not elaborate, seems to call into question the physical commodities trading activities (Physical Commodities Trading) that certain financial holding companies (FHCs), both domestic and foreign, have engaged in for the better part of the last decade.
July 22, 2013
On July 10, 2013, the Commissioners of the U.S. Securities and Exchange Commission ("SEC" or the "Commission") voted 4-1 to adopt a rule that will eliminate the prohibition against general solicitation and general advertising (together, "general solicitation") in private offerings conducted pursuant to Rule 506 of Regulation D under the Securities Act of 1933 (the "Securities Act").
July 17, 2013
This is the latest update of significant developments relating to qui tam, securities, and other lawsuits and investigations involving schools, especially private-sector schools.
July 16, 2013
Washington, D.C. associate Eric Broxmeyer is the author of “High Stakes – My Journey Representing a West African Asylum Seeker” [PDF] published by the Capital Area Immigrants’ Rights Coalition on July 16, 2013.
July 16, 2013
We are pleased to share with you our mid-year update on significant developments in securities litigation. Filing and settlement trends continue to show a steady state of new cases and increasingly more expensive settlements.
July 16, 2013
More than four years after the financial crisis, exposure to investigations and lawsuits remains real for individuals serving as directors and officers of public companies. Fortunately, the general rule still holds true that directors and officers rarely contribute to settlements and judgments out of their personal assets. However, the last four years have brought a steady wave of litigation and an increased enforcement focus from regulators. In addition to ongoing litigation stemming from the financial crisis, public companies have faced an uptick in shareholder litigation involving M&A transactions, claims brought in foreign jurisdictions, lawsuits challenging their executive compensation practices and proxy disclosures, and record levels of enforcement activity und
July 15, 2013
I. Overview of the First Half of 2013The first six months of 2013 represented a time of transition for the SEC's enforcement program, with a new Chairman and new Co-Directors for the Division of Enforcement at the helm. It is too soon to predict exactly how they may reshape the program – in contrast with this period four years ago, when Chairman Mary Schapiro and Enforcement Director Robert Khuzami assumed their positions in the wake of Madoff and the financial crisis and with a mandate for major reform, the new team is moving more incrementally. However, there can be little doubt that, when it comes to enforcement, the new leadership will be striking an aggressive tone. For the first time in the Commission's history, the Chairman and the Enforcem
July 15, 2013
On June 26, 2013, the Supreme Court ruled section 3 of the Defense of Marriage Act unconstitutional in United States v. Windsor. This has a number of important implications for employee benefit plans that cover participants who have same-sex spouses.
July 12, 2013
The first half of 2013 has seen a marked drop in announcements of plea agreements and fines imposed by the Antitrust Division of the U.S. Department of Justice ("DOJ").
July 11, 2013
On June 26, 2013, the U.S. Supreme Court issued an historic decision in Hollingsworth v.
July 11, 2013