Client Alert - Gibson Dunn

Client Alert

EPA’s Proposed Emissions Standards for Coal and Oil-Fired Power Plants May Set the Stage for New Toxic Tort Litigation over Exposures to Hexavalent Chromium and Other Chemicals

On March 16, 2011, the U.S. Environmental Protection Agency ("EPA") proposed the first national standards to reduce hexavalent chromium, mercury, and other toxic air pollution from coal and oil-fired power plants, also known as electrical generating units ("EGUs").

May 2, 2011

The EPA’s $1.6B Step Back

Los Angeles partner Jeffrey Dintzer is the author of "The EPA's $1.6B Step Back" [PDF] published by Law360 at www.law360.com on May 2, 2011.

May 2, 2011

Country Q&A: United States

New York partner Mark Kirsch and associates Jonathan Fortney and Alexander Marx are the authors of "Country Q&A: United States" [PDF] published by Practical Law Company in the PLC Cross-border Dispute Resolution Handbook 2011/12.

May 1, 2011

Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)

Washington, D.C. partner Karen Manos is the author of "Know Your Cost Regulations: The Public Relations and Advertising Costs Principal (FAR 31.205-1)" [PDF] published in the May 2011 issue of the Government Contract Costs, Pricing & Accounting Report.

May 1, 2011

Search Engine Advertising Trademark Claims

Washington, D.C. partner Howard Hogan and Palo Alto associate Michael Smith are the authors of "Search Engine Advertising Trademark Claims" [PDF] published in the May 2011 edition of the Intellectual Property Strategist.

May 1, 2011

The Elusive Common Market Goal

Brussels partner Peter Alexiadis is the author of "The Elusive Common Market Goal" [PDF] published by IIC Intermedia in May 2011.Republished from IIC Intermedia Vol.

May 1, 2011

Haftung deutscher Unternehmen nach dem UK Bribery Act (Liability of German Companies under UK Bribery Act)

Munich partners Michael Walther and Mark Zimmer are the authors of "Haftung deutscher Unternehmen nach dem UK Bribery Act" (Liability of German Companies under the UK Bribery Act), published by RIW in April 2011.

April 30, 2011

Proposed Organizational Conflict of Interest Rule Emerges

On April 26, 2011, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) proposed to substantially amend the Federal Acquisition Regulation (FAR) to provide more comprehensive guidance concerning organizational conflicts of interest (OCI) and contractor access to nonpublic information.  The proposed rule comes more than three years after the FAR Councils issued an advanced notice of proposed rulemaking seeking information regarding the need to revise the FAR's OCI provisions, and almost four years after a report issued by the Acquisition Advisory Panel (established by the Services Acquisition Reform Act of 2003) concluded that the FAR does not adequately address OCI.  Multiple statutory provisions have als

April 28, 2011

The Government of India Has Notified the Merger Control Provisions of the Competition Act, 2002

Please note that the jurisdictional thresholds set out in the client alert below refer to the assets "or" turnover of entities involved in the combination.  Accordingly, if the acquirer and target, or surviving entity or group, as applicable, meet either the specified asset threshold or the specified turnover threshold, the regulations will apply.  Also, an enterprise whose control, shares, voting rights or assets are being acquired and that has assets of not more than Rs.

April 28, 2011

U.S. Supreme Court Finds That Class Action Waivers in Arbitration Agreements Are Enforceable Under the Federal Arbitration Act

Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.

April 27, 2011

The Government of India Issues a New Consolidated Foreign Direct Investment Circular

On March 31, 2011, the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India ("DIPP"), issued a new consolidated foreign direct investment policy, Circular 1 of 2011 ("Circular"), which supersedes all prior press notes, press releases and clarifications issued by the DIPP relating to foreign direct investment in India.

April 27, 2011

Delaware Court of Chancery Rules That License Agreement Provision Prohibiting Assignment by Operation of Law May Apply to a Reverse Triangular Merger

On April 8, 2011, the Delaware Court of Chancery, in denying a motion to dismiss, ruled in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A.

April 26, 2011

How (Not) to Lose Data and Alienate Judges

New York partner Jennifer Rearden and of counsel Farrah Pepper are the authors of "How (Not) to Lose Data and Alienate Judges" [PDF] published in the April 20, 2011 edition of ALM's Law Technology News.

April 20, 2011

News Analysis: French Tax Authorities Lose Battle on Stolen Data

Paris partner Jérôme Delaurière and associate Charlotte Prest are the authors of "News Analysis: French Tax Authorities Lose Battle on Stolen Data" published by Tax Notes International (page 176) on April 18, 2011.

April 18, 2011

Defining “American”: Birthright Citizenship and the 14th Amendment

Dallas partner James Ho is the author of a series of articles regarding birthright citizenship, published in The Wall Street Journal [PDF], The Washington Times [PDF], The Des Moines Register [PDF], and The Green Bag [PDF].

April 11, 2011

FDIC and Federal Reserve Issue Joint Notice of Proposed Rulemaking under the Dodd-Frank Act: Resolution Plans and Credit Exposure Reports

Printable PDF  On March 29, 2011, the Federal Deposit Insurance Corporation (the "FDIC") and the Board of Governors of the Federal Reserve System (the "Fed") jointly released a notice of proposed rulemaking ("NPR") proposing rules relating to the resolution plan (also known as the "living will") and credit exposure report requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "DFA").  Both the resolution plan and credit exposure report requirements apply to nonbank financial companies ("NBFCs") designated by the Financial Stability Oversight Council (the "Council" or "FSOC") for Fed supervision and bank holding companies ("BHCs") (including any foreign ban

April 6, 2011

Budget Impasse May Lead to SEC Shutdown

Printable PDF UPDATE: On Friday, April 8, 2011, the SEC published its contingency Plan of Operations on its federal government shutdown page in preparation of a federal government shutdown due to the budget impasse.

April 6, 2011

Seventh Circuit Issues Important Decision on Key Class-Certification Issues

The Seventh Circuit issued an important decision last week in Randall v. Rolls-Royce Corp., No. 10-3446 (7th Cir. Mar. 31, 2011) touching on several key class-certification issues that have split the courts of appeals and currently are before the Supreme Court in Wal-Mart Stores, Inc.

April 5, 2011

Small Business Jobs and Credit Act of 2010: Implications for Government Contractors

On September 27, 2010, President Obama signed into law the Small Business Jobs and Credit Act of 2010 (Pub. L. No. 111-240).  The Act, designed to stimulate the small business sector and create jobs, contains a number of provisions that could have a significant impact on government contractors.  The Small Business Administration ("SBA") is holding meetings in 13 U.S.

April 4, 2011

2010 Year-End False Claims Act Update: Part 2

Denver partner Robert Blume, Washington, D.C. partner Andrew Tulumello and Denver of counsel Jessica Sanderson are the authors of "2010 Year-End False Claims Act Update: Part 2" [PDF] published in the April 2011 issue of Westlaw Journal's Health Care Fraud.

April 1, 2011