New York partner Joel Cohen and associate Matthew Knox are the authors of "Nepotism: Friendly Relations? When Nepotism May Violate the FCPA" [PDF] published in the October 17, 2012 issue of The FCPA Report.
October 17, 2012
On October 15, 2012, Institutional Shareholder Services ("ISS"), a leading proxy advisory firm, issued for comment certain proposed 2013 proxy voting policy changes.
October 16, 2012
On October 16, 2012, the staff of the Securities and Exchange Commission (the "Staff") issued Staff Legal Bulletin No. 14G (Oct.
October 16, 2012
On September 28, 2012, the Financial Industry Regulatory Authority, Inc. ("FINRA") (f/k/a National Association of Securities Dealers, Inc. ("NASD")) filed proposed rule changes to NASD Rule 2711 with the Securities and Exchange Commission (the "SEC").
October 11, 2012
Yesterday's Press has variously reported the 9 October 2012 announcement by the SFO of revisions to its published guidance relating to facilitation payments, corporate hospitality and self-reporting under titles such as "SFO toughens stance on bribery", "Companies face bribery crackdown after new SFO rules" and "UK fraud buster tells firms no more cosy chats".
October 11, 2012
As the Supreme Court opens its 2012 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in cases that will be argued, as well as other key developments at the Court. The Court has already accepted nearly forty cases for argument this Term, including five cases in which Gibson Dunn is involved. With arguments beginning just this week, the Round-Up provides a snapshot of the issues that are at the forefront of the Court's docket. Spearheaded by former Solicitor General Theodore B.
October 5, 2012
Washington, D.C. partner F. Joseph Warin and associate John W.F. Chesley are the authors of "Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA" [PDF] published in the October 3, 2012 issue of The FCPA Report.
October 3, 2012
On September 25, 2012, Vice Chancellor Travis Laster of the Court of Chancery of the State of Delaware dismissed the derivative complaint in South v. Baker, C.A.
October 2, 2012
London associate Mark Handley is the author of “Anti-corruption due diligence in M&A – the role of POCA” [PDF] published in the October 2012 issue of Financier Worldwide.
October 1, 2012
The Government of India ("Indian Government") has approved a number of significant amendments to India's foreign direct investment ("FDI") policy in a variety of sectors including aviation, broadcasting, power and retail.
October 1, 2012
The Government of India ("Indian Government") has approved a number of far-reaching amendments to India's foreign direct investment ("FDI") policy in the retail sector through the issuance of Press Note 4 of 2012 and Press Note 5 of 2012, each dated September 20, 2012.
September 28, 2012
Joseph Warin and Jeremy Joseph of Gibson Dunn participate in Securities Docket's webcast, "FCPA and U.K.
September 28, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of “A Demise Greatly Exaggerated – Apprendi Is Extended to Criminal Fines” [PDF] published in the September 26, 2012 issue of Bloomberg BNA’s Criminal Law Reporter.Reproduced with permission from The Criminal Law Reporter, 91 CrL 797, 09/26/2012.
September 26, 2012
On August 24, 2012, in the case of Fillpoint, LLC v. Maas, a California appellate court issued an opinion reinforcing both California's general public policy against covenants not to compete and the important exceptions to that rule. While California Business and Professions Code § 16600 generally declares void any covenant that restrains an individual from engaging in a lawful profession, trade or business, § 16601 provides an exception to this rule for covenants executed in connection with the sale of a business. The Fillpoint case instructs that, to qualify for § 16601's sale-of-business exception, employers must thoroughly document and tether any non-compete covenant to the sale of a business.Fillpoint: Factual Background.In Fillpoint, Michael Maas worked
September 20, 2012
U.S.
September 19, 2012
Last summer's debt ceiling crisis produced a compromise bill--the Budget Control Act of 2011 (BCA)--that includes an enforcement mechanism, sequestration, similar to the doomsday device in Dr. Strangelove.
September 18, 2012
At an open meeting held on August 22, 2012, the Securities and Exchange Commission (“SEC”) voted to approve final rules regarding disclosure and reporting requirements with respect to the use of “conflict minerals” to implement Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”). The final rules were adopted by a vote of 3 to 2, with Commissioners Paredes and Gallagher dissenting. The adopting release containing the final rules is available here.
September 14, 2012
Employers Should Review Plans and Agreements in Which Payment is Conditioned Upon Signing a Release or Agreement to Comply with Restrictive Covenants
September 14, 2012
Washington, D.C. partner Mark Perry is the author of "Due Process Limitations on Aggregating Claims Under State Procedural Law" [PDF] published in the September 14, 2012 issue of Bloomberg BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 13 CLASS 1013, 09/14/2012.
September 14, 2012
Early in the discussions about whether and how to form a joint venture -- perhaps as the very first significant issue to be resolved -- the potential joint venture partners will try to agree on the scope of the venture's business. That definition is usually embodied in one or more of the venture agreements, and may circumscribe the nature of the venture's business, potential future lines of business into which the venture may expand, geographic areas in which the venture will or may operate, and how deviations from the venture's scope will be determined and approved by the venture partners. As partners negotiate the scope of the venture's business, they also need to focus on the key corollary provisions of the venture arrangement impacted by the agreed-upon scope. T
September 12, 2012