The year 2011, like the year 2010, saw substantial fines and continuing focus on export enforcement at the Office of Foreign Assets Control ("OFAC") within the United States Department of the Treasury.
January 18, 2012
San Francisco partner Rachel Brass, of counsel Winston Chan and associate Joshua Lipshutz are the authors of "From Antitrust to FCPA Liability" [PDF] published in the January 16, 2012 issue of The Recorder.
January 16, 2012
Munich partner Benno Schwarz is the author of "Im Fadenkreuz der Regulatoren – Worauf Strategische und Private-Equity-Investoren Bei M&A-Transaktionen Achten Müssen" [PDF] published on January 16, 2012 by Betriebs-Berater.
January 16, 2012
For the last decade, governance issues have been a priority at public companies and companies planning to go public. Recent joint venture activity reflects a carryover from the public company arena of this intense focus on improving governance.
January 11, 2012
While the members of the Eurozone are still struggling to find an adequate answer to the sovereign debt crisis and the stock markets are on a roller-coaster ride, the German economy is still doing remarkably well and continues to attract foreign investors from all over the world, notably China. At the same time, German lawmakers have not remained idle and have enacted a long-expected reform of the insolvency laws to facilitate corporate restructuring and debt-equity swaps.
January 10, 2012
I. Overview of 2011For the SEC's Division of Enforcement, 2011 was a year of extremes -- record breaking enforcement activity contrasted with a highly publicized challenge to one of the fundamental aspects of its program.For the fiscal year, the Division reported a record high number of enforcement actions -- 735 -- resulting in more than $2.8 billion in penalties and disgorgement ordered. In particular, there was a substantial increase in enforcement actions against investment advisers and broker-dealers. Notably, several Enforcement Division initiatives started resulting in cases in areas of investment adviser performance disclosure, management fees and compliance. The Division continued to file a number of significant enforcement actions arising from the fi
January 10, 2012
Brussels partners Peter Alexiadis and David Wood are the authors of "Free Market 1: Copyright 0 - UK Premier League Loses Away from Home" [PDF] published in Volume 18, Issue 6 of the Utilities Law Review, January 2012.
January 10, 2012
In this client alert we review some of the key developments that have taken place in UK employment law during 2011 and look forward to some significant changes that are on the horizon for 2012.
January 9, 2012
The Department of Justice obtained more than $1 billion in FY 2011 from criminal antitrust offenders, the second-highest amount in its history. The total payments consist of an estimated $523 million in criminal fines and more than $500 million in restitution, penalties, and disgorgement paid to state and federal agencies.
January 9, 2012
On December 29, 2011, the California Supreme Court handed down an important victory for employers in Harris v. Superior Court, reversing a split decision from the California Court of Appeal which held that insurance claims adjusters did not fall within the administrative exemption from the state's overtime requirements. Harris v. Superior Court (Liberty Mutual Insurance), 2011 WL 6823963 (Cal.), __P.3d __. In doing so, the Supreme Court rejected strict application of the "administrative/production" dichotomy, used by many California courts in determining whether employees qualify for the administrative exemption, stating: "[T]he dichotomy is a judicially created creature of the common law which has been effectively superseded in this context by the more spe
January 9, 2012
Los Angeles of counsel Brett Oberst and associate Candice Ray are the authors of "A New Guide To Understanding Science In The Courtroom" [PDF] published by Law360 at www.law360.com on January 9, 2012.
January 9, 2012
Paris partners Jérôme Delaurière and Ariel Harroch are the authors of "De la nouvelle réforme des règles de lutte contre la sous-capitalisation" [PDF] published on January 9, 2012 in La Lettre Capital Finance, issue 1044, page 12 (www.capitalfinance.eu).
January 9, 2012
As the Supreme Court continues its 2011 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 accepted over seventy cases for argument this Term, including eight cases in which Gibson Dunn is involved. With two argued cases already decided, the Round-Up also provides a snapshot of the issues that are at the forefront of the Court's docket.Spearheaded by former Solicitor General Theodore B.
January 6, 2012
It seems that "record-breaking" years for recoveries under the False Claims Act, 31 U.S.C. §§ 3729-33 (the "FCA" or the "Act") are becoming as predictable as Gibson Dunn publishing its Year-End Update on the subject.
January 5, 2012
During the past decade, the U.S.
January 4, 2012
2011 marked yet another dynamic year for the Foreign Corrupt Practices Act ("FCPA"), including numerous significant enforcement actions, more trials than in any other year in the history of the statute, and a growing public debate about the policy ramifications of a U.S.-dominated international anti-corruption enforcement field. Those close to the statute can feel the unmatched pace at which the 34-year-old law is now developing. With more litigated decisions, more bills pending in Congress, and more interplay between the FCPA and other international laws prohibiting cross-border bribery, there is a growing sense of urgency amongst FCPA practitioners as to the direction the statute will take in the coming years. Perhaps sensing these dynamics, Assistant Attorney
January 3, 2012
The past year has been one of change and challenge for public companies and their boards, as companies have moved to implement "say-on-pay" and other provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). With the 2012 proxy season on the horizon, public companies and their directors will continue to feel the impact of Dodd-Frank as the Securities and Exchange Commission ("SEC") proceeds with its ongoing efforts to implement the law. At the same time, public companies and their boards are operating in an environment where the balance of power between boards and shareholders continues to shift. The traditional, board-centric model of corporate governance continues to gravitate toward a paradigm that include
January 3, 2012
Paris partner Jérôme Delaurière is the author of "News Analysis: New Criteria Relevant to French Thin Cap Rules" [PDF] published in Tax Notes International, January 2, 2012, page 25.
January 2, 2012
Brussels partner Andrés Font Galarza and associates Eryk Dziadykiewicz and Pablo Figueroa are the authors of "Exclusive distribution: An overview of EU and national case law" [PDF] published in e-Competitions in January 2012.
January 2, 2012