On June 23, 2011, in a case that tested potential conflicts between free speech rights and the power of the state to regulate medical privacy and low-cost healthcare, the Supreme Court struck down a Vermont law that restricted the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors. In Sorrell v. IMS Health, No.
June 28, 2011
Los Angeles partner Theodore J. Boutrous, Jr. and associate Theane Evangelis Kapur are the authors of "A win for Wal-Mart, and all workers" [PDF] published in the June 28, 2011 issue of the Los Angeles Times.
June 28, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to future installments of E-Discovery Basics, please click here.
June 27, 2011
Los Angeles partner Michael Farhang and Palo Alto associate Susannah Wright are the authors of "Dealing with Tipsters Under Dodd-Frank" [PDF] published in the June 27, 2011 issue of The Recorder.
June 27, 2011
Washington, D.C. partner Howard Hogan and Palo Alto associate Michael Smith are the authors of "Courts Continue to Question Whether Using the Trademarks of Others to Trigger Search Engine Advertising Gives Rise to Trademark Liability" [PDF] published in the June 24, 2011 issue of BNA's Patent, Trademark and Copyright Journal.Reproduced with permission from BNA’s Patent, Trademark & Copyright Journal, 82 PTCJ 274, 06/24/2011.
June 24, 2011
June 2011The seventh issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available. We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.
June 22, 2011
On June 20, 2011, the U.S. Supreme Court unanimously reversed the Ninth Circuit and held that the largest employment class action ever certified cannot proceed.
June 21, 2011
View PDFThis is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to future installments of E-Discovery Basics, please click here.In our last installment of E-Discovery Basics, we discussed four general categories of electronically stored information ("ESI") that should be considered for preservation pursuant to a legal hold: active data, inactive and archived data, residual data, and legacy data.
June 20, 2011
The Patient Protection and Affordable Care Act, as modified by the Health Care and Education Reconciliation Act (the "Act") requires plan sponsors to amend their cafeteria plans, including medical flexible spending accounts ("FSAs"), health reimbursement arrangements ("HRAs"), health savings accounts ("HSAs"), and Archer medical savings accounts ("Archer MSAs"), with respect to reimbursements for the purchase of over-the-counter drugs by no later than June 30, 2011.Effective January 1, 2011 (and January 16, 2011 with respect to debit card transactions), the Act prohibits FSAs, HRAs, HSAs, and Archer MSAs from reimbursing plan participants for the purchase of over-the-counter drugs, unless the participant has obtained a prescription for such
June 15, 2011
Los Angeles partner Gareth Evans and Orange County associate Catherine Brewer are the authors of "French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements" [PDF] published in the June 15, 2011 issue of EuroWatch.
June 15, 2011
As the Supreme Court proceeds through its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. The Round-Up contains objective summaries of every opinion issued this Term. Additionally, it highlights the cases that are still pending as well as those that are slated for argument next Term.Spearheaded by former Solicitor General Theodore B.
June 15, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. If you would like to subscribe to future installments of E-Discovery Basics, please click here.When litigation is pending or anticipated, a company should take reasonable steps to preserve relevant electronically stored information (“ESI”) and hard copy documents.
June 13, 2011
Janus Capital Group Inc. v. First Derivative Traders, No. 09-525On June 13, 2011, the U.S. Supreme Court concluded that Janus Capital Management (JCM) cannot be held liable in a private suit under the Securities and Exchange Commission's Rule 10b-5 for drafting allegedly misleading prospectuses for the mutual funds it advises. Reversing a contrary decision by the Fourth Circuit, the Court held in Janus Capital Group Inc.
June 13, 2011
Compliance monitorships are frequently a condition of settling corporate criminal prosecutions with federal authorities. In particular, the U.S. government has used monitorships extensively as a tool in enforcing the U.S.
June 10, 2011
Washington, D.C. partner Jason Schwartz and associate Michael Murray are the authors of "Recent Developments in Trade Secret Law: the Computer Fraud and Abuse Act" [PDF] published in the June 10, 2011 issue of the Society for Human Resource Management's Workplace Law Bulletin.
June 10, 2011
On June 22, the SEC will meet to consider adopting final rules and rule amendments to implement the requirements of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Commission’s press release is available at http://sec.gov/news/openmeetings/2011/ssamtg062211.htm.Among other things, the SEC announced that it will consider final rulemaking related to:The statutory threshold for SEC registration of investment advisers;SEC registrations by advisers to hedge funds and other private funds;Reporting requirements for exempt private fund advisers;Exemptions for (a) venture capital fund advisers, (b) advisers to private funds with less than $150 million in private fund assets under management in the United States, (c) foreign private advisers; andExclusi
June 9, 2011
On June 9, 2011, the Supreme Court in Microsoft Corp. v. i4i Limited Partnership, 564 U.S. ___ (2011), held that a party seeking to establish the invalidity of a patent must prove such invalidity by clear and convincing evidence. Slip op.
June 9, 2011
On June 6, 2011, the Supreme Court in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), held that the University and Small Business Patent Procedures Act of 1980--popularly known as the Bayh-Dole Act, 35 U.S.C.
June 7, 2011
Washington, D.C. of counsel Charles Haake and staff attorney Karyn Marsh are the authors of "Regulating the Environment Through the Courts" [PDF] published by Law360 at www.law360.com on June 7, 2011.
June 7, 2011
On May 20, 2011, the Ministry of Corporate Affairs, Government of India ("Corporate Affairs Ministry"), issued two general circulars ("Circulars") permitting attendance of meetings of the Board of Directors ("Board") and general meetings of the shareholders of an Indian company by using an electronic mode of communication.
June 6, 2011