On January 18, 2010, hundreds of law enforcement agents from the Federal Bureau of Investigation and City of London Police launched a coordinated, bi-continental strike, executing twenty-one search warrants and arresting twenty-two people in what Assistant Attorney General Lanny Breuer described as "the largest action ever undertaken by the Justice Department against individuals for FCPA violations." Thus began the year in Foreign Corrupt Practices Act enforcement, a juggernaut that each annum surpasses the record heights set the year before. This client update provides an overview of the Foreign Corrupt Practices Act ("FCPA") and a survey of FCPA enforcement activities during the first half of 2010. It also analyzes recent enforcement trends and offer
July 8, 2010
New York partner Joel M. Cohen and associate Adam P. Wolf are the authors of "Narrow, Don’t Abolish, FCPA Facilitating Payments Exception" [PDF] which appeared in the July 8, 2010 issue of New York Law Journal.
July 8, 2010
As has been the case for the last several years, the first half of 2010 has been a busy one for criminal antitrust enforcement around the globe. In past years, we have reported on the consistently and dramatically increased numbers of pleas, fines, and prison sentences in cartel cases resulting from increased and coordinated global enforcement of antitrust laws. Although 2010 continues to provide numerous success stories for global competition enforcers, it also saw a few notable setbacks and was marked by a relative lull in large fines and prison sentences imposed by the U.S.
July 7, 2010
Munich partner Hans Martin Schmid is the author of "Tauschgeschäfte bei Immobiliengesellschaften (Debt/Equity Swaps with Real Estate Holding Companies" [PDF] published in the July 8, 2010 issue of Immobilienmanager.
July 7, 2010
On 1 July 2010, the European General Court, the EU's second highest court and formerly the European Court of First Instance, handed down its decision in Case T-321/05 AstraZeneca v Commission. The General Court, for the most part, upheld the Commission's decision that AstraZeneca, the Anglo-Swedish group, had abused its dominant position contrary to Article 102 of the Treaty on the Functioning of the European Union. It did, however, reduce the fine imposed on AstraZeneca by the Commission from EUR 60 million to EUR 52.5 million. The case dates back to an investigation into omeprazole IP rights in early 2000. The Commission found in June 2005 that from 1993 - 2000 AstraZeneca had blocked or delayed market access in a number of EU and EEA Member States for generics of
July 6, 2010
Indonesia's Law No. 4 of 2009 on Minerals and Coal Mining (the 'New Mining Law') replaces Law No. 11 of 1967 (the 'Old Mining Law'). The New Mining law was approved by the President on 12 January 2009 and is now the prevailing law of Indonesia.As is commonplace in Indonesia, the legislation is augmented by implementing regulations, which provide details of the new regulatory regime.
July 2, 2010
Printable PDFOn June 30, 2010, the U.S.
June 30, 2010
On June 28, 2010, the United States Supreme Court issued its decision in Bilski v. Kappos, No. 08-964.In Bilski, the Court affirmed the rejection of an application seeking patent protection for a method of managing risk. In so doing, the Court expressly declined to adopt the Federal Circuit's analysis or its recent case law, relying instead on the statutory text and the Court's own opinions on patent eligibility. The Court held that the Federal Circuit had erred in its holding that the "machine-or-transformation" test was the exclusive test for patent eligibility under 35 U.S.C.
June 28, 2010
Today, the United States Supreme Court issued its opinion in Free Enterprise Fund v. Public Company Accounting Oversight Board, No.
June 28, 2010
On June 23, 2010, U.S. District Judge Harold Baer, Jr. of the Southern District of New York issued his decision in Gucci America, Inc. v. Frontline Processing Corp., 09 Civ.
June 25, 2010
The United States Department of Commerce's Bureau of Industry and Security (BIS) issued an interim final rule today that reduces restrictions on products with ancillary cryptography as well as increases the efficiency of its review and reporting process.
June 25, 2010
In a landmark decision on the extraterritorial application of the United States securities laws, the Supreme Court held today that plaintiffs who purchase securities on foreign exchanges cannot bring a federal securities fraud lawsuit under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5, promulgated thereunder. See Morrison v. National Australia Bank, 561 U.S.
June 24, 2010
This Alert summarizes certain key changes to the EU Prospectus Directive (2003/71/EC) which were approved by the EU Parliament on June 17, 2010 (the "Amending Directive").
June 23, 2010
On June 17, 2010, the United States Supreme Court unanimously decided City of Ontario v. Quon, No. 08-1332, 560 U.S.
June 18, 2010
Los Angeles partner Ron Ben-Yehuda and associate Benyamine S. Ross are the authors of "Agilent Technologies v. Kirkland: Inventions Assignment Obligations and Equitable Considerations" [PDF] published in the June 2010 issue of Bloomberg Law Reports - Intellectual Property.
June 8, 2010
In a recent ruling with important implications for parties structuring minority freeze-out transactions, Vice Chancellor Travis Laster of the Delaware Court of Chancery embraced a unified standard for reviewing such transactions, regardless of whether they are effected by means of a negotiated merger or a unilateral tender offer. In In re CNX Gas Corp.
June 4, 2010
On May 27, 2010, Congress passed a bill extending the civil leniency provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ("ACPERA") for another ten years. President Obama is expected to sign the extension into law.
June 4, 2010
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.
June 4, 2010
New York partner David Feldman and associate Keith Martorana are the authors of "The Pervasive Problem of Numerosity" [PDF] published online by Law360 on June 2, 2010 at law360.com.
June 2, 2010
On May 24, 2010, the Supreme Court of the United States revisited what it means to engage in a "contract, combination..., or conspiracy" as defined by §1 of the Sherman Act, 15 U.S.C.
June 1, 2010