Client Alert - Gibson Dunn

Client Alert

Securities Enforcement 2011 — What Hath Dodd Frank Wrought?

Washington D.C. partner John Sturc, and New York partners Barry Goldsmith and Mark Schonfeld are the authors of "Securities Enforcement 2011 — What Hath Dodd Frank Wrought?" [PDF] published in the February 6, 2012 issue of BNA's Securities Regulation & Law Report.

February 6, 2012

U.S. Tax Issues for Foreign Mobile Application Companies

Los Angeles associate Lora Cicconi is the author of "U.S. Tax Issues for Foreign Mobile Application Companies" [PDF] published in the February 6, 2012 issue of Tax Notes.

February 6, 2012

French Court of Appeals Confirms Heart of La Defense’s Right to Seek and Obtain Creditor Protection in France under Safeguard Proceedings

On January 19, 2012, the Versailles' Court of Appeals confirmed that CMBS borrower, Heart of la Défense SAS (Hold), and its Luxembourg parent company, Dame Luxembourg Sarl (Dame), were entitled to Court protection in France under Safeguard Proceedings (sauvegarde).

February 1, 2012

A New Battlefield

Los Angeles partner Jesse Cripps is the author of "A New Battlefield" [PDF] published in the February 2012 issue of California Lawyer.

February 1, 2012

More Than Your Firm Bargained For: The “Unfinished Business” Doctrine of Jewel v. Boxer

Los Angeles partners Kevin Rosen and Christopher Chorba, and San Francisco associate Matthew Kahn are the authors of "More Than Your Firm Bargained For: The "Unfinished Business" Doctrine of Jewel v. Boxer" [PDF] published in the February 2012 issue of the Beazley Brief.

February 1, 2012

Coeur Défense, les procédures de sauvegarde confirmées

Paris partners Jean-Philippe Robé and Benoît Fleury are the authors of "Coeur Défense, les procédures de sauvegarde confirmées" [PDF] published in the January/February 2012 issue of Magazine des Affaires, No.

February 1, 2012

Highlights from the 39th Annual Securities Regulation Institute

Orange County partner James Moloney, Century City partner Ari Lanin and Los Angeles associate Benyamin Ross are the authors of “Highlights from the 39th Annual Securities Regulation Institute” [PDF] that ran in the February 2012 issue of Insights.

February 1, 2012

Proposed EU Privacy Rules Add to the Burden on International Businesses

On Wednesday, January 25, 2012, the European Commission released its proposed new regulation which will replace and update the outdated Data Protection Directive 95/46/EC (the "Directive").  The existing Directive has governed data privacy in the EU for approximately 17 years and was enacted at a time when the privacy issues faced today from the proliferation of the internet, cloud computing, social networks and global outsourcing could hardly be imagined.  Whilst businesses may welcome the proposal to replace the existing patchwork of laws with a single law that will apply across Europe, the new regulation will also introduce additional new rights for employees, consumers and users across Europe, creating new challenges for companies subject to the regulation. 

January 31, 2012

Qualified Foreign Investors Permitted to Directly Invest in Equity Shares of Indian Listed Companies

The Government in India ("Government") has extended the reach of a Qualified Foreign Investor ("QFI") in India by permitting it to directly invest in equity shares of Indian companies listed on Indian stock exchanges.

January 31, 2012

Vote No to Pay — the UK’s Search for the ‘Magic Bullet’ & … The Perils of the Scatter Gun Approach …

The Business Secretary of the British government ("Government"), Vince Cable, announced a week ago a package of controversial plans in a bid to transform UK executive pay culture.  Under a new-four-pronged approach, shareholders would for the first time be given a binding vote on executive pay packages.  Executive boards may also need to become more diverse -- including at least two individuals that had not previously been on a board of directors, and people from a broader range of professional backgrounds.

January 31, 2012

Transfer Tax Reform Raises Uncertainties

Paris partner Jérôme Delaurière is the author of "Transfer Tax Reform Raises Uncertainties" [PDF] published in Tax Notes International, January 30, 2012, page 343.

January 30, 2012

2011 Year-End Update on Class Actions

The business world and class action litigators on both sides of the courtroom will remember 2011 for its blockbuster Supreme Court decisions and the sea changes they wrought.  But the waters were roiled in disparate venues across the country as well, so that companies facing class action litigation in 2012 will indeed be doing so in a new world.  In this new world, they will have powerful weapons available to them that should help level the playing field--among them:  (1) the possibility of obtaining dismissal of a class action because of the applicability of an arbitration clause that waives class action rights; (2) the elimination of the use of federal Rule 23(b)(2) to circumvent obstacles to certification of a damages class; (3) an all-important clarif

January 30, 2012

European Union Announces Adoption of Stricter Sanctions vs. Iran

On January 23, 2012,[i] the Council of the European Union agreed to impose additional restrictive measures against Iran in the range of industrial sectors, inter alia: in the energy sector, including an embargo of Iranian crude oil imports to the EU; in the financial sector, including against the Central Bank of Iran; in the transport sector; additional export restrictions on gold and on sensitive dual-use goods and technology; as well as additional designations of specific persons and entities.[ii] The Decisions adopted by the Council were in response to ongoing Iranian activities relating to the suspected development of military nuclear technology, particularly its acceleration of uranium enrichment activities, in violation of six UNSC Resolutions and eleven IAEA Board Resolutions.

January 30, 2012

How to Deal with Business Corruption Risks in Mexico

Washington, D.C. partner F. Joseph Warin, Los Angeles partner Michael Farhang and associate Elizabeth Goergen are the authors of "How to Deal with Business Corruption Risks in Mexico" [PDF] published on January 30, 2012 in the International Financial Law Review.

January 30, 2012

The Government of India Allows up to 100% FDI in Single-Brand Product Retail Trading (subject to certain conditions)

On January 10, 2012, the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India, issued a press note amending the Consolidated Foreign Direct Investment ("FDI") Policy of October 2011 ("Amendment").  AmendmentThe Amendment allows up to 100% FDI in single-brand product retail trading with the prior approval of the Government of India, increased from a previous 51%, subject to the following conditions:  Single-brand only: Products to be sold should be of a 'Single-Brand' only;  International brand: Products should be sold under the same brand in one or more countries other than India; Branded during manufacturing: Single-brand product retail trading only covers products which are branded dur

January 26, 2012

Issuer Stock Repurchases during a Hostile Tender Offer

New York partners Lois Herzeca and Eduardo Gallardo are the authors of "Issuer Stock Repurchases during a Hostile Tender Offer" [PDF] published in the January 25, 2012 issue of Bloomberg's Corporate and M&A Law Report.

January 25, 2012

The Supreme Court of India Rules in Favor of Vodafone in a Landmark Judgment

The Supreme Court of India ("Supreme Court") on January 20, 2012 has overturned a 2010 decision of the Bombay High Court which ruled that Vodafone was liable to pay $2 billion to the Indian tax authorities because Indian capital gains taxes applied on share transfers between two non-resident entities, as long as the underlying assets transferred were within India.The case in question involved Vodafone International Holdings BV's acquisition of CGP Investments from Hutchison Telecommunication International Limited ("HTIL").  HTIL, a company incorporated in BVI, owned CGP Investments, a company incorporated in Cayman Islands, which through its Mauritius subsidiaries owned and/or controlled approximately 67% of one of India's leading mobile phone operators - Vodafone

January 20, 2012

French Transfer Tax Reform Immediately Applicable to Transfer of Shares of Listed and Non-Listed Companies

As from January 1st, 2012, the French Finance Act has significantly increased the transfer tax applicable to the transfer of shares of non-real estate companies.BackgroundBefore the reform, transfer tax at the rate of 3% was due on the sale of shares of French companies, with the tax capped at € 5,000 per transfer with respect to the transfer of shares in sociétés par action (i.e.

January 20, 2012

Intellectual Property Law in Cyberspace

Washington, D.C. partner Howard Hogan is the co-author of "Unique Online Trademark Issues" and "Domain Name Registration, Maintenance and Protection," appearing as Chapters 7 and 8 in BNA's Intellectual Property Law in Cyberspace [PDF], Second Edition, published in January 2012.

January 20, 2012

A Proposed Limitation by Bank Indonesia on Bank Ownership Looms on the Horizon

Over the past ten years, Indonesia's commercial banking sector has been an attractive destination for foreign investors.  This has been in large part due to the Indonesian government's relaxed banking policy, which until now has been geared towards fostering foreign investment in the industry.  A proposed amendment to the banking policy, however, may have significant consequences for current and potential investors.Following the 1997 Asian financial crisis, the Indonesian government enacted Government Regulation No.

January 19, 2012