On July 13, 2011, the EU's Data Protection Working Party issued its Opinion 15/2011 on the definition of Consent (the "Opinion"), providing a thorough analysis of the concept of consent in EU Data Privacy law, and in particular in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data (the "Data Protection Directive") and Directive 2002/58/EC, as amended by Directive 2009/136/EC, concerning the processing of personal data and the protection of privacy in the electronic communications sector (the "e-Privacy Directive").Even though consent has always been a key notion in EU Data Protection law (in particular, it is one of several legal grounds enabling the processing of personal data under the Data Protection and e-Pri
August 8, 2011
Washington, D.C. partner F. Joseph Warin, and associates John Chesley and Jeremy Joseph are the authors of "FCPA: Who Is a Foreign Official?" [PDF] published in the August 8, 2011 issue of Compliance Reporter magazine.
August 8, 2011
In a letter dated May 23, 2011, the Securities and Exchange Board of India ("SEBI", and such letter, the "SEBI Letter") took the view that put/call options governing the shares of an Indian public listed company are unenforceable.
August 2, 2011
On July 26, 2011, the Securities and Exchange Commission ("SEC") adopted new rules to eliminate an issuer's credit rating as one of the "transaction requirement" criteria by which an issuer can qualify for the short-form registration process on Forms S-3 and F-3.
August 2, 2011
New York associate Carlos Cruz-Abrams is the author of "Welcome to Say-on-Pay Season 1: Have Shareholders Had Their Say?" published in the August 2011 issue of Wall Street Lawyer.
August 1, 2011
New York of counsel Farrah Pepper is the author of "Robot Review: Will Predictive Coding Win the Trust of the Courts?" [PDF] published in the August 2011 edition of ALM's Law Technology News.
August 1, 2011
Washington, D.C. partner Jason Schwartz and associate Thomas Johnson are the authors of "The Extraterritorial Application of the Dodd-Frank Whistleblower Provisions" [PDF] published in the August 2011 issue of ALM's Law Journal Newsletters: Employment Law Strategist.
August 1, 2011
New York partner Edward Nelson, Washington, D.C. partner C. William Thomas and New York associate Ebonie Hazle are the authors of "SEC Finalizes Investment Adviser Registration Exemptions and Grants Extension to New Registrants" [PDF] published in the August 1, 2011 issue of BNA's Securities Regulation & Law Report.
August 1, 2011
On July 28, 2011, the Securities and Exchange Board of India ("SEBI") proposed new Takeover Regulations based on recommendations of the Takeover Regulations Advisory Committee ("TRAC").
July 29, 2011
In the first half of 2011, the United States Supreme Court decided a trio of securities class action cases, and what may be the most significant class certification decision in several decades; new case filings continue to trend upward; and major "credit crisis" cases are beginning to be resolved
July 28, 2011
On July 7, 2011, the Federal Trade Commission (FTC) and U.S.
July 27, 2011
As part of its E-Discovery Basics series, Gibson Dunn lawyers discuss issues that may arise when electronically stored information (ESI) relevant to U.S. proceedings is located in foreign jurisdictions.
July 25, 2011
This 2011 Mid-Year E-Discovery Update analyzes trends and developments in e-discovery based on our review of 187 e-discovery decisions from the federal courts issued between January 1 and June 15, 2011 (listed here in an Appendix).
July 22, 2011
Today the federal appellate court in Washington, D.C. invalidated the SEC's "proxy access" rule, which would have required that director candidates nominated by certain large shareholders be included in a company's proxy materials. Gibson, Dunn & Crutcher LLP represented the plaintiffs, or "petitioners," in the case, Business Roundtable and the U.S.
July 22, 2011
Dallas partner James Ho is the co-author of “Lawsuit Against Governor an Affront to Constitution” [PDF] published in the July 22, 2011 issue of the Houston Chronicle.
July 22, 2011
Los Angeles partners Scott Edelman, William E. Thomson and Denver partner Gregory J. Kerwin are the authors of "Defending Actions In The United States Arising From Alleged Foreign-Based Torts" [PDF] published by the Rocky Mountain Mineral Foundation for the proceedings of the 57th Annual Rocky Mountain Mineral Law Institute (July 2011).
July 21, 2011
I. Overview of the First Half of 2011Robert Khuzami, the Director of the Division of Enforcement (the "Division") of the SEC, recently took stock of the SEC's accomplishments in the two years since he began his term. Specifically, he focused on the Division's restructuring, calling it the "most significant" since the Division's creation almost 40 years ago. In describing the restructuring, he noted that it was composed of many initiatives that were intended to achieve a series of common goals including: achieving a better understanding of the products, markets, transactions and practices policed by the Commission; identifying and terminating fraud and misconduct more quickly; increasing efficiency in the use of resources; and maximizing the Di
July 18, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to the E-Discovery Basics series, if you have not already done so, please click here. In previous installments of E-Discovery Basics, we discussed litigation preparedness, legal holds, preservation, processing, review and production of electronically stored information ("ESI").
July 18, 2011
On June 22, 2011, the Securities and Exchange Commission (the "SEC" or the "Commission") voted to adopt final rules to implement amendments to the Investment Advisers Act of 1940 (the "Advisers Act") contained in Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). Importantly, the Commission extended from July 21, 2011 to March 30, 2012 the deadline for registration for private fund advisers previously exempt under Section 203(b)(3) of the Advisers Act, which exempted from SEC registration investment advisers with fewer than 15 clients.As a result of this extension, the revised compliance dates generally applicable to investment advisers having to register for the first time are as follows:DateActionJ
July 18, 2011
The Indonesian House of Representatives on 31 May 2011 passed Law No.
July 15, 2011