Client Alert - Gibson Dunn

Client Alert

The Role of Oral Hearings in EU Antitrust Proceedings

Brussels partners Peter Alexiadis, David Wood and Andrés Font Galarza are the authors of "The Role of Oral Hearings in EU Antitrust Proceedings." 

January 1, 2012

The ABCs of California Foreclosure Law

Los Angeles partner Mark Pécheck and associate Kelsey Lestor are the authors of "The ABCs of California Foreclosure Law" [PDF] published in the January 2012 issue of Los Angeles Lawyer.

January 1, 2012

Review Your Arbitration Provisions Now: Practical Considerations After the U.S. Supreme Court Decision in AT&T Mobility v. Concepcion

Los Angeles partner David Battaglia is the author of “Review Your Arbitration Provisions Now: Practical Considerations After the U.S. Supreme Court Decision in AT&T Mobility v. Concepcion” [PDF] published in the Winter 2012 issue of The Corporate Counselor.  

January 1, 2012

The New Dodd-Frank Whistleblower Provisions: A primer for private equity firms

San Francisco of counsel Winston Chan and associate Kareem Ghanem are the authors of "The New Dodd-Frank Whistleblower Provisions: A primer for private equity firms" [PDF] appearing as Chapter 5 in The US Private Equity Fund Compliance Companion, published by Private Equity International in January 2012.

January 1, 2012

ISS Issues White Paper on New Approach in Evaluating Pay for Performance Alignment

On December 20, 2011, Institutional Shareholder Services ("ISS"), a leading proxy advisory firm, published a white paper titled "Evaluating Pay for Performance Alignment: ISS' Quantitative and Qualitative Approach."  The white paper provides greater guidance on ISS' new approach to establishing peer groups when conducting the pay-for-performance test described in its U.S.

December 27, 2011

French Thin Cap Reform — As of January 1, 2012, French Holding Companies Will Have to Demonstrate That Their Decisions Are Made in France

According to a reform applicable as of January 1, 2012, the right to deduct interest due with respect to the purchase of shares in French target companies will be denied, unless the French acquiring company demonstrates -- by any means -- that (i) the decisions relating to such shares and (ii) the control over the target companies are effectively made by it or by a related party established in France.For the purpose of this reform, a related party can be a controlling company or an entity controlled by or under common control with the acquiring company.  This new rule targets the purchase of shareholdings that are eligible for the French long-term participation exemption regime, i.e.

December 22, 2011

State Department Issues Proposed Rule to Amend ITAR’s Broker Registration and Licensing Requirements

On December 19, 2011, the U.S. Department of State, Directorate of Defense Trade Controls ("DDTC") issued a proposed rule to amend parts 120, 122, 126, 127, and 129 of the International Traffic in Arms Regulations ("ITAR"), which implement Section 38 of the Arms Export Control Act ("AECA").

December 19, 2011

SEC and CFTC Whistleblower Rules and Anti-Retaliation Protections

Washington, D.C. partners John H. Sturc and Jason C. Schwartz, San Francisco associate Joshua D. Dick and Washington, D.C. associate Thomas M. Johnson, Jr.

December 16, 2011

‘Losing Ground’—In Search of a Remedy For The Overemphasis on Loss and Other Culbability Factors in the Sentencing Guidelines for Fraud and Theft

Washington, D.C. partner David Debold and New York associate Matthew Benjamin are authors of the essay "'Losing Ground'—In Search of a Remedy For The Overemphasis on Loss and Other Culbability Factors in the Sentencing Guidelines for Fraud and Theft" [PDF] published in the December 2011 issue of the University of Pennsylvania Law Review PENNumbra (Vol.

December 15, 2011

Insider Trading: New Developments and How to Deal with Them

Washington, D.C. partner John Sturc and New York associate Adam Chen are the authors of "Insider Trading: New Developments and How to Deal with Them" [PDF] published in the November/December 2011 issue of Practical Compliance & Risk Management.

December 7, 2011

The Enforcement Regime of the UK Financial Services Authority — Who’s Next?

Overview -- It's not just a numbers game ... Since overhauling its financial penalty framework in March 2010, the UK Financial Services Authority (FSA) has gone a long way to dispel views that it has a lacklustre approach towards levying market abuse fines.

December 6, 2011

United States, United Kingdom, and Canada Expand Sanctions Against Iran

In November 2011, the International Atomic Energy Agency (IAEA) reported that the Islamic Republic of Iran has violated its international obligations by conducting activities relevant to developing a nuclear explosive device.

December 6, 2011

A New Way Of Looking At Solid Waste

Washington, D.C. partner Michael Murphy and associate Carey Fenton are the authors of "A New Way of Looking at Solid Waste" [PDF] published by Law360 at www.law360.com on December 5, 2011.

December 5, 2011

The Rising Tide: Recognizing Your Criminal Prosecution Risks Abroad

San Francisco of counsel Winston Chan and Los Angeles associate Justin Liu are the authors of "The Rising Tide: Recognizing Your Criminal Prosecution Risks Abroad" [PDF] published in the December 2011 issue of Compliance Today.

December 1, 2011

NLRB Approves Changes to Expedite Union Elections

On November 30, 2011, the National Labor Relations Board voted 2-1 to move forward with revisions to its rules that will expedite union-organizing elections.

December 1, 2011

Rolle der Mitarbeiter bei Ermittlungen

Munich partner Mark Zimmer is the author of "Rolle der Mitarbeiter bei Ermittlungen" [PDF] published in the December 2011 issue of Risk, Fraud & Compliance (ZRFC), an Erich Schmidt Verlag GmBH & Co.

December 1, 2011

Vertical Restraints Policy in the EU: Open Questions in the Face of Policy Compromises

Brussels partner Peter Alexiadis and San Francisco associate Allison Kop are the authors of “Vertical Restraints Policy in the EU: Open Questions in the Face of Policy Compromises” [PDF] published in The Antitrust Report, Issue 3-4, Winter 2011.

December 1, 2011

Power Play: Fundraising Conditions And PE Investment

London associate Edwin Wong is the author of "Power Play: Fundraising Conditions And PE Investment" [PDF] published by Law360 at www.law360.com on November 28, 2011.

November 28, 2011

The City Code on Takeovers and Mergers — An Introduction

As you may know, the UK rules on public company takeovers changed in September. In particular, deal protections (including break fees) for bidders have been generally outlawed and also the time during which a bid must be tabled once an approach has been announced is now an automatic fixed period of 28 days.

November 28, 2011

ISS Releases Policy Updates for 2012 Proxy Season

On November 17, 2011, Institutional Shareholder Services ("ISS"), a leading proxy advisory firm, released its U.S. and international corporate governance policy updates for the 2012 proxy season.

November 23, 2011