Washington, D.C. partner Michael Murphy and associate Claudia Barrett are the authors of "Emerging State Fracking Regulations" [PDF] published in Law360 on August 6, 2012, at www.Law360.com.
August 6, 2012
This alert focuses on the recent approval by the Commodity Futures Trading Commission ("CFTC") of the final rules relating to the end-user exception to the mandatory clearing requirements, what the rule means for end-users, and the effects that the final rule has for various swaps and entities. Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act") provided non-financial end-users that use derivatives to hedge or mitigate their commercial risks an exception from the Dodd-Frank Act's clearing requirements. While Title VII of the Dodd-Frank Act provides and the CFTC's final rule implements an exception for qualifying non-financial swap end-users with respect to clearing and trading requirements, regulators have not
August 3, 2012
Dallas partner Karl Nelson and associate Michael Sukenik are the authors of "Law Firms and Cyber Security: A Titanic Risk" [PDF] published in the August 2012 issue of the Internet Law & Strategy Newsletter.
August 1, 2012
London partner Patrick Doris and associate Mark Handley are the authors of "The Long Arm of the Bribery Act" [PDF] published in The Lawyer on July 30, 2012.
July 30, 2012
The first half of 2012 saw the Office of Foreign Assets Control ("OFAC") within the United States Department of Treasury continue enforcement of U.S. sanctions laws and issue a flurry of new regulations and guidelines.
July 27, 2012
Orange County associate Virginia Fitt is the author of "The Evolving Origins Of Species Under The ESA" [PDF] published by Law360 on July 25, 2012 at www.Law360.com.
July 25, 2012
On July 11, 2012, the German Federal Constitutional Court (Bundesverfassungsgericht -- BVerfG) released an important judgment concerning the conditions of a delisting of a public company from the regulated market in Germany.
July 24, 2012
Now that the Supreme Court has ended its 2011 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court released, the issues presented in cases that will be argued in the 2012 Term, and other key developments. Gibson Dunn was involved in twelve cases in the 2011 Term, and is already involved in three cases in the 2012 Term.Spearheaded by former Solicitor General Theodore B.
July 24, 2012
This is our most recent update of significant developments relating to the array of qui tam, securities, fraud, and other lawsuits and investigations involving schools, especially private sector schools.
July 17, 2012
I. Overview of the First Half of 2012The first half of 2012 has shown a continuation of the SEC's aggressive enforcement strategy even after a record-breaking fiscal year 2011 for the U.S.
July 16, 2012
Dallas partner Robert Little and associate Travis Souza are the authors of "Covering the Bases: When it comes to making representations and warranties, timing can be everything" [PDF] published in The Deal on July 16, 2012.
July 16, 2012
Dallas partner Robert Little is the author of "Ins and Outs of Purchasing Natural Gas-Fueled Power Plants" [PDF] published in Texas Lawyer on July 16, 2012.
July 16, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of "Increased Fraud Penalties Are on the Horizon" [PDF] published in the July 2012 Business Crimes Bulletin.
July 15, 2012
For years, on these pages, we have marveled at the precipitous increase in False Claim Act (FCA) enforcement.
July 12, 2012
The Department of Justice is on pace for a record-setting year after obtaining more than $810 million from criminal antitrust offenders during the first nine months of FY 2012.
July 11, 2012
Deferred Prosecution Agreements ("DPAs") and Non-Prosecution Agreements ("NPAs") (collectively, "agreements") in recent years have become a primary tool of the U.S.
July 10, 2012
Acquisition agreements often contain provisions that restrict or prohibit the payment of "consequential," "special," or "incidental" damages for breach.
July 10, 2012
On June 28, 2012, the European Court of Justice ("ECJ") issued an important judgment that will have a significant impact on the disclosure of non-public, price-sensitive information (so-called "inside information") by public companies listed on stock exchanges in the European Union ("EU").
July 9, 2012
On July 6, 2012, President Obama signed the Moving Ahead for Progress in the 21st Century Act, which primarily addresses transportation funding and student loan interest rates. The Act also provides significant short-term pension funding relief to sponsors of defined benefit pension plans, increases Pension Benefit Guaranty Corporation (PBGC) premiums for single and multiemployer plans, and extends and liberalizes the ability to use assets from certain overfunded pension plans to provide retiree welfare benefits.Pension Funding ReliefIn general, ERISA and the Internal Revenue Code require minimum annual pension contributions in an amount equal to the sum of the "normal cost" of the plan for the year (i.e., the benefit accruals for the year) plus an amount necessary to amort
July 9, 2012
As the Foreign Corrupt Practices Act ("FCPA") turns 35 years old, the spike in enforcement activity that we first observed five years ago appears (at least for the moment) to be leveling off. Nevertheless, numerous developments this year bespeak a statute that is maturing rather than falling into obscurity: the first sustained pattern of trial activity; increasing "private attorney general" enforcement; and serious policy debates between industry, executive, and legislative interests leading up to much-anticipated statutory guidance from government regulators. The first half of 2012 was packed with important FCPA developments. This client update provides an overview of the FCPA and a survey of FCPA enforcement, litigation, and legislative develop
July 9, 2012