Client Alert - Gibson Dunn

Client Alert

Deal-Breakers

The economic downturn has virtually frozen acquisition financing and collapsed the value of many companies, which is credited for breaking up numerous acquisitions.

May 18, 2009

Will ‘Bridge’ Lead to More RICO Fraud-Based Certifications

Washington, D.C. partner Andrew Tulumello, New York partner Aric Wu and Washington, D.C. associate Brian D. Boone are the authors of "Will 'Bridge' Lead to More RICO Fraud-Based Certifications?" [PDF] published in the May 18, 2009 issue of the New York Law Journal.

May 18, 2009

SEC Proposes Additional Custody Requirements for Investment Advisers

On May 14, 2009, the U.S. Securities and Exchange Commission held an open meeting to consider proposed amendments to rule 206(4)-2 under the Investment Advisers Act of 1940.  According to Andrew J.

May 15, 2009

A Potentially Game-Changing Ruling on CERCLA Liability

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jennifer D. Greenston are the authors of "A Potentially Game-Changing Ruling on CERCLA Liability" [PDF] published in the May 14, 2009 issue of The Daily Journal.

May 14, 2009

A 9/11-Style Independent Commission for Financial Regulatory Reform Looms on the Horizon

This May 2009 alert focuses on Congress' expected creation of an independent commission to examine the domestic and global causes of the U.S. financial and economic crisis. 

May 13, 2009

SEC Director of Enforcement Robert Khuzami Outlines Plans To Revitalize Enforcement

The Securities and Exchange Commission's newly-appointed Director of the Division of Enforcement, Robert Khuzami, outlined a plan of aggressive enforcement of securities laws during his testimony to the U.S.

May 11, 2009

The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn Bergmann Marsh are the authors of "The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions" [PDF] published in the May 8, 2009 issue of BNA Inc.'s World Climate Change Report.

May 8, 2009

Carbon Sequestration

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn B. Marsh are the authors of "Carbon Sequestration" [PDF] published in the May 8, 2009 issue of BNA's World Climate Change Report.

May 8, 2009

Environmental Compliance Review Required for Projects Funded Under the American Recovery and Reinvestment Act of 2009

In February, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ("ARRA"), a $787 billion economic stimulus package that provides funding for investments in infrastructure, energy efficiency, health care, education, science, and other sectors.

May 7, 2009

The Intersection of CPISA and Wyeth

Los Angeles partner Jeffrey D. Dintzer, of counsel Brett H. Oberst and associate Lindsay K. Larris are the authors of "The Intersection of CPISA and Wyeth" [PDF] published online by Law360 on May 6, 2009 at law360.com.

May 6, 2009

President Obama’s International Tax Proposals

On Monday, President Obama released the details of his Administration's plan to reform the tax treatment of offshore earnings and combat tax havens.  Crediting House Ways and Means Chairman Charles Rangel, Senate Finance Committee Chairman Max Baucus, Senator Carl Levin and Congressman Lloyd Doggett, the President announced a plan that would make several major substantive tax law changes, including reforming the deferral of income earned overseas, taxing certain foreign subsidiaries as corporations, and limiting the application of the foreign tax credit.  The plan also includes several efforts to improve international tax compliance, such as strengthening certain information reporting requirements and increasing the IRS' enforcement tools.  The Administration anticipates tha

May 6, 2009

Supreme Court Decision Diminishes the Scope and Sting of CERCLA Liability for Some

In a nearly unanimous decision authored by Justice Stevens, the Supreme Court in Burlington Northern & Santa Fe Railway Co. v. United States took much of the sting out of a party’s Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) liability if that party makes a reasonable showing that its contribution to the contamination at issue is divisible.

May 6, 2009

NYSE Amends Immediate Release Policy on Disclosure of Material Information

The New York Stock Exchange has amended its immediate release policy governing listed companies' disclosure of material information.  As amended, the policy, which is set forth in NYSE Rule 202.06, allows companies to comply with the policy by using any method of disclosure allowed by Regulation Fair Disclosure (FD), rather than exclusively by press release as under the former rule.

May 6, 2009

Environmental News: Climate Change – May 2009

May 2009The second 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.

May 5, 2009

Judge Issues a “Wake-Up Call” to New York Lawyers: When it Comes to Search Terms, Play Nice and Plan Ahead

New York partner Jennifer Rearden and associate Farrah Pepper are the authors of "Judge Issues a "Wake-Up Call" to New York Lawyers: When it Comes to Search Terms, Play Nice and Plan Ahead" [PDF] published in the May 2009 issue of Bloomberg Law Reports. 

May 5, 2009

Financial Markets in Crisis: TARP Special Inspector General Focusing Oversight on Executive Compensation, Use of TARP Funds, and TALF and PPIP Programs

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.

May 4, 2009

Perchlorate Challenges Obama’s Pledge to Give Primacy to Science at EPA

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jessica D. Greenston are the authors of "Perchlorate Challenges Obama's Pledge to Give Primacy to Science at EPA" [PDF] published in the May 4, 2009 issue of BNA's Chemical Regulation Reporter.

May 4, 2009

Tenth Circuit Clarifies Loss Causation Burden

Los Angeles partner Julian W. Poon is the authors of "Tenth Circuit Clarifies Loss Causation Burden" [PDF] published in the May/June 2009 issue of ABA's Business Law Today.

May 4, 2009

Lien Subordination and Intercreditor Agreements

New York partner Robert Cunningham and associate Yair Galil are the authors of "Lien Subordination and Intercreditor Agreements," [PDF] which first appeared in The Review of Banking & Financial Services, Vol.

May 4, 2009