Client Alert - Gibson Dunn

Client Alert

False Claims Act Update

Denver of counsel Jessica H. Sanderson is the co-author of "False Claims Act Update" published in the December 2009 issue of the Financial Fraud Law Report. 

December 1, 2009

Down Round (and Cram Down) Financings in Today’s Market

Los Angeles partner Bradford Weirick and associates William L. Wortmann, Ciara Stephens and Michele Barinsky are the authors of "Down Round (and Cram Down) Financings in Today's Market" [PDF] published in the December 2009 issue of Bloomberg Law Reports.

December 1, 2009

Nanotechnology Regulation: A Small Reminder to Look Before You Leap

Los Angeles of counsel Brett H. Oberst and Washington, D.C. associates Matthew R. Estabrook and Daniel E. Schmitt are the authors of "Nanotechnology Regulation: A Small Reminder to Look Before You Leap" [PDF] published in the December 2008 issue of Bloomberg Law Reports.

December 1, 2009

New Legislation Could Expand U.S. Sanctions on Iran

In response to increased international concern regarding Iran's nuclear fuel enrichment activities, both houses of Congress have introduced legislation that could substantially expand the impact of economic and trade sanctions against Iran.

November 30, 2009

SEC’s Division of Corporation Finance Issues Guidance Facilitating Use of Lock-Up Agreements in Connection with Registered Exchange Offers

New Guidance Should Increase Attractiveness of Registered Exchange Offers as Means of Restructuring Outstanding Debt Securities

November 30, 2009

The FCPA and Recent Enforcement Trends

Washington, D.C. associate Michael S. Diamant is co-author of "Corruption Crackdown: The FCPA and Recent Enforcement Trends" a presentation made at the Global Economic Crime Survey & Anti-Corruption/FCPA Seminar on November 24, 2009.

November 24, 2009

Federal Relief of Distressed Commercial Market

New York partners Andrew Lance, Romina Weiss and associate Daniel A. Wasserman are the authors of "Federal Relief of Distressed Commercial Market" [PDF] published in the November 23, 2009 issue of the New York Law Journal: Real Estate Law & Practice.

November 23, 2009

Steuerliche Entwicklungen in Gesetzgebung, Verwaltung und Rechtsprechung zu Mitarbeiter- und Managementbeteiligungen in 2008

Munich of counsel Christian Schmidt is the author of "Steuerliche Entwicklungen in Gesetzgebung, Verwaltung und Rechtsprechung zu Mitarbeiter- und Managementbeteiligungen in 2008" [PDF] published in the November 2011 issue of DStR.

November 17, 2009

Changes to Cuba Embargo — More to Come from Obama Administration?

Earlier this year, the Obama administration announced a number of changes in U.S. policy toward the Republic of Cuba in four main areas: (1) family visits to Cuba; (2) remittances to family members in Cuba; (3) telecommunications services; and (4) gift parcels.

November 12, 2009

Labor Department Ruling Confirms Limited Scope of Sarbanes-Oxley “Whistleblowing”

The Department of Labor’s Administrative Review Board ("ARB")--which hears cases under the Sarbanes-Oxley Act ("SOX") and other "whistleblower" laws--has affirmed dismissal of a SOX whistleblower complaint because even supposing the complainant had alleged conduct that violated company policies and harmed the company, it did not relate "definitively and specifically" to securities fraud.  Lewandowski v. Viacom Inc., ARB No.

November 11, 2009

The Big Seven Say ‘Yes’ – UK Banks Back New Code for Financial Reporting Disclosure

The Turner Review, published in March this year, identified a concern that in spite of banks' efforts to enhance disclosures during 2008 and 2009, investor confidence in financial reports appeared to remain low.The seven largest UK-headquartered lending institutions -- Abbey, Barclays, HSBC, Lloyds Banking Group, Nationwide, Standard Chartered and the Royal Bank of Scotland Group -- have committed to voluntarily implementing the Code for Financial Reporting Disclosures, developed by the British Bankers' Association ("BBA") (the "BBA Code"), in their 2009 year-end annual reports.Reflecting their desire to respond to market expectations, the seven institutions and the BBA have agreed to the inclusion of the BBA Code in a Discussion Paper of the Financial Services Authorit

November 11, 2009

President Obama Signs Legislation Expanding Net Operating Loss Carryback

On November 6, President Obama signed into law the Worker, Homeownership, and Business Assistance Act of 2009 (the "Act").  Among other things, the Act extends the net operating loss ("NOL") carryback period from two years to as much as five years for tax years beginning in or ending in 2008 or 2009.  To pay for the extension of the NOL carryback period, the Act delays until 2018 the implementation of changes in interest expense allocations that were expected to increase the foreign tax credits that could be claimed by U.S.

November 10, 2009

Expanding DCHRA Beyond DC Employment

Washington, D.C. partner Jason Schwartz and associate Daniel J. Davis are the authors of "Expanding DCHRA Beyond DC Employment" [PDF] published online by Law360 on November 5, 2009 at law360.com.

November 5, 2009

Profit or Profiteering: The Growing Fight Over ‘Double Recovery’ in CERCLA

Washington, D.C. partner Peter E. Seley and associate Stacie B. Fletcher are the authors of "Profit or Profiteering: The Growing Fight Over 'Double Recovery' in CERCLA" [PDF] published in the November 5, 2009 issue of BNA's Toxics Law Reporter.Reproduced with permission from Toxics Law Report, 24 TXLR 1282 (Nov.

November 5, 2009

Just Jargon? The New UK Listing Regime — “Premium” and “Standard” Listings

In January 2008, the Financial Services Authority (the "FSA") began a review of the UK listing regime.  In what appears to be a diametric move from the increasing heavy handed approach of the FSA in other areas of financial regulation, under the new listing rules UK companies will now be allowed to take advantage of an easier route to achieving a listing on the main market of the London Stock Exchange.In a bid to maintain its position as a "premium quality" venue for main market listings in Europe whilst at the same time maintaining competitive tension as one of, if not the leading European exchange, the FSA undertook a lengthy consultation period reviewing the pros and cons of its "gold standard" listing regime and of the choices available for both UK an

November 4, 2009

Private Fund Investment Advisers Registration Act Approved by House Committee

The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.

November 4, 2009

SEC Fines U.S. “Control Persons” for FCPA Violations of Foreign Subsidiary

Orange County partner Nicola T. Hanna and associate Scot J. Kennedy are the authors of "Corporate Officers Beware: SEC Fines U.S. "Control Persons" for FCPA Violations of Foreign Subsidiary" [PDF] published in the November 2009 issue of the Orange County Business Journal.

November 4, 2009

Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool

Los Angeles partner Gareth Evans and New York associate Farrah Pepper are the authors of "Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool" [PDF] published in the November 2009 issue of Orange County Lawyer.

November 2, 2009

Recent SEC Rulemakings and Interpretations Affecting Hedge Funds and Their Managers

Washington, D.C. of counsel K. Susan Grafton is the author of "Recent SEC Rulemakings and Interpretations Affecting Hedge Funds and Their Managers" [PDF] that appeared in Hedge Fund Enforcement & Regulatory Developments 2009 published by Practising Law Institute in November 2009.

November 1, 2009

“You win some, you lose some” — Recent Appeals and Decisions Involving the UK Financial Services Authority

Two high-profile decisions have been published in the last two weeks regarding actions brought by UK Financial Services Authority ("FSA") against members of the financial services industry.  Both cases show signs of an increased willingness on the part of those subject to FSA enforcement action to challenge the enforcement wing of the FSA but with variable levels of success.  FSA Regulatory Decisions Committee overturns sanctions in FSA enforcement notice in market abuse case:  In the first case, the FSA issued a decision on 7 October 2009, found two former Dresdner bankers had committed market abuse in March 2007 (by engaging in what was commonly known as "front running"), but following an appeal by the bankers (Christopher Parry and Darren Morton)

October 30, 2009