Client Alert - Gibson Dunn

Client Alert

UK Employment and Labour Law — Executive Summary (February 2010)

As economic conditions improve, the war for talent is intensifying.  We have set out below ten "golden rules" for  UK employers seeking to retain key talent.  Different rules and considerations may apply in other jurisdictions.Ten Golden Rules for Retaining Key Employees in the UK1.  Maintain a supportive work environmentMany key employees, particularly those with children, struggle to reconcile their responsibilities at work and home.  As a consequence, employers often struggle to retain key female employees.  Employers looking to reverse this trend, should consider whether it is possible, without harming their business, to introduce benefit plans and working arrangements which help employees to better balance their responsibilities at home and work

February 22, 2010

The “Glorious Mess” Comes to Court

Washington, D.C. partner Raymond B. Ludwiszewski, of counsel Charles H. Haake and associate Stacie B. Fletcher are the authors of "The 'Glorious Mess' Comes to Court" [PDF] published in February 2010 issue of CCLR by courtesy of Lexxion Publisher, Berlin, Germany.

February 10, 2010

DOJ, Heal Thyself

New York partner Georgia Winston is the co-author of "DOJ, Heal Thyself" [PDF] published in the February 2010 issue of ALM's Law Journal Newsletters: Business Crimes Bulletin.

February 8, 2010

SEC Issues Interpretive Guidance on Climate Change Disclosures

At a meeting held on January 27, 2010, the Securities and Exchange Commission ("SEC") approved by a 3-2 vote an interpretive release (the "Interpretive Release") providing guidance to public companies on the SEC’s existing disclosure requirements as they apply to climate change matters.

February 4, 2010

2009 — A Year of Patent Law Decisions in Review

As it has every year since 2005, the United States Congress failed to pass its much-debated Patent Reform Act in 2009.  Even without Congress' action, however, the courts have continued to shape patent law over the past year.  Thus, in the spirit of the changing of the calendar, we look back and review of some of the important patent decisions from 2009.

February 3, 2010

Obama Administration 2011 Budget Tax Proposals

On February 1, 2010, the Obama Administration released the fiscal year 2011 Budget of the United States.  This update summarizes the principal tax provisions identified in the Budget.  The prospects for passage of these proposals is uncertain and depends in large part on the priorities of Congress and the Administration and the need for specific revenue offsets.  Moreover, the inclusion of a proposal in the Budget does not necessarily provide a clear path to enactment.  We invite your questions about specific details of these and any other tax-related provisions of the Budget.

February 3, 2010

High-Tech Stakes

Los Angeles associate Angelique Kaounis is the author of "High-Tech Stakes" [PDF] published in the February 2010 issue of Los Angeles Lawyer.

February 3, 2010

Protecting China ODI – minority shareholder rights

London associate Jay Ze and partner Wayne McArdle are authors of "Protecting China ODI – minority shareholder rights" [PDF] which originally appeared on www.asialaw.com.

February 2, 2010

Obama and EPA Take on TSCA Reform

Los Angeles of counsel Brett H. Oberst and associates Lynn Hang and Lindsey K. Larris are the authors of "Obama and EPA Take on TSCA Reform" [PDF] published in the February 2010 issue of The Environmental Reporter.

February 2, 2010

Sarbanes-Oxley Whistle-blowing Procedure Axed by French Supreme Court

On December 8, 2009, the French Supreme Court issued a decision impacting companies having operations in France and subject to the "whistle-blowing" requirements provided for by Section 301(4) of the Sarbanes-Oxley 2002 Act.In 2004 and 2007, Dassault Systèmes ("Dassault") - the holding company of the Dassault group - adapted its "Code of Business Conduct" (the "Code") to provide for a whistle-blowing procedure.The Code described the procedure as being  "neither mandatory nor exclusive.  Any person having knowledge of material breaches of the principles described in the Code of Business Conduct in financial, accounting or banking matters or relating to anticorruption issues and which deems it appropriate may communicate such breac

February 1, 2010

Considerations for Public Company Directors in the 2010 Proxy Season

The current economic and regulatory landscape poses unprecedented challenges for public companies and their boards of directors.  They are facing scrutiny from shareholders, Congress, regulators and the public, and new proposals to address the causes of the financial crisis have been emerging on almost a daily basis for over a year now.Some of these proposals have been adopted and some remain under consideration at a time when calendar-year companies are preparing for the 2010 proxy season, complicating the planning process.  Of particular note, in December, the Securities and Exchange Commission ("SEC") adopted new proxy disclosure rules that likely will be a focal point for public company directors, as the new rules relate to disclosures regarding the composition and

February 1, 2010

2009 Year-End Criminal Antitrust Review

Washington, D.C. partner David Burns and San Francisco associates Joshua Hess and Russell Gold and Washington, D.C. associate Geoffrey Weien are the authors of "2009 Year-End Criminal Antitrust Review" [PDF] published in the February 2010 issue of Global Competition Review.

February 1, 2010

E-Discovery Principles Revisited

Los Angeles partner Gareth Evans and New York of counsel Farrah Pepper are the authors of "E-Discovery Principles Revisited" [PDF] published in the January 28, 2010 issue of The Daily Journal. 

January 28, 2010

Poison Pills Revisited

During the last decade, activist shareholders and corporate governance groups have been fairly successful in pressuring companies to voluntarily surrender a number of anti-takeover defenses, most notably the use of staggered boards and shareholder rights plans (also referred to as "poison pills").

January 28, 2010

Important Third Circuit Decision Regarding Break-Up Fees in Section 363 Bankruptcy Sales

On January 15, 2010, the Third Circuit Court of Appeals issued a decision affecting the approval of break-up fees in connection with Section 363 bankruptcy sales.

January 27, 2010

Honey, I Forgot the Cell Phone: The 411 on ‘Outlier’ ESI

Recent events in courtrooms and in the news highlight the potential significance of so-called "outlier" electronically stored information (ESI) -- such as that found on cell phones and PDAs, voice mail systems, instant messaging systems, chat rooms, and websites.

January 27, 2010

Renewable Energy Projects Will Be Held to the Same Stringent Standards of the Endangered Species Act as Other Development Projects

A recent federal district court decision in Maryland confirms that the restrictions of the Endangered Species Act (hereinafter "ESA") will be deemed to fully apply to renewable energy projects.

January 25, 2010

Federal Circuit Rejects USPTO’s Strict Approach to Patent Term Adjustments — USPTO to Amend its Regulations

Since the mid-1990s, following amendments to the U.S. Patent Act, the United States Patent and Trademark Office has issued patents with a term of 20 years following the filing of an application.  Due to concerns that delays in prosecution would diminish the effective lifespan of a patent, Congress legislated that the term of a patent be extended if the USPTO caused certain types of delays in prosecution through no fault of the applicant.  However, the statute does not allow the adjustment to include any "periods of delay .

January 22, 2010

Background and History of the So-Called Incentive Compensation Provision of the Higher Education Act

In this communication, we discuss the background and history of the so-called "incentive compensation" provision of the Higher Education Act ("HEA"), which is at the core of many of the False Claims Act lawsuits that have been filed against educational institutions.

January 21, 2010