Client Alert - Gibson Dunn

Client Alert

Supreme Court Issues Two Important Age Discrimination Decisions

Today, the Supreme Court issued two important opinions interpreting the Age Discrimination in Employment Act (“ADEA”). In Meacham v. Knolls Atomic Power Laboratory, aka KAPL, Inc., et al., the Supreme Court resolved an emerging split among the U.S.

June 19, 2008

U.S. District Court Addresses Section 13(d) Beneficial Ownership and Reporting Standards

On June 11, 2008, in a closely watched case, Judge Lewis A. Kaplan of the U.S. District Court for the Southern District of New York issued a decision in CSX Corporation v. The Children's Investment Fund Management (UK) L.L.P.

June 12, 2008

Gibson Dunn Labor Partner Baruch Fellner is profiled by BNA’s Occupational Safety & Health Reporter

BNA's Occupational Safety & Health Reporter featured Baruch Fellner for his accomplishments and expertise in the area of OSHA regulation and enforcement.

June 12, 2008

U.S. Supreme Court Narrows the Scope of the False Claims Act

On June 9, 2008, the U.S. Supreme Court issued a unanimous opinion in Allison Engine Co. v. United States ex rel. Sanders that significantly narrowed the scope of the False Claims Act.

June 11, 2008

President Bush Acts to Make E-Verify Employment Eligibility Verification System Mandatory for Federal Government Contractors

On June 9, 2008, the President amended Executive Order 12989 to require federal government contractors to "agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security"--the "E-Verify" system.

June 11, 2008

Nonprofit Governance under the Microscope — The New IRS Form 990

Against a backdrop of continued attention to -- and criticism of -- nonprofit governance and accountability, the IRS has adopted a substantially revised Form 990 that calls for significantly expanded disclosures.

June 9, 2008

SEC Issues Release Proposing Adoption of New Interactive Data Format (“XBRL”) for Financial Reporting

On May 30, 2008, the Securities and Exchange Commission proposed that issuers be required to file a supplemental exhibit “tagging” their financial statements with an interactive data format known as XBRL (eXtensible Business Reporting Language).

June 6, 2008

Going It Alone: The Costs of Unilateral Law Enforcement

New York associate Matthew Benjamin is a co-author of "Going It Alone: The Costs of Unilateral Law Enforcement" published by ALM Law Journal Newsletters' Business Crimes Bulletin.Reprinted with permission, © 2008, ALM Properties, Inc.

June 1, 2008

Informative and Interesting: The CFI Rules in Deutsche Telekom v. European Commission

Brussels Partner Peter Alexiadis is the author of "Informative and Interesting:  The CFI Rules in Deutsche Telekom v. European Commission" [PDF] which appeared in the May, 2008 issue of GCP Magazine.Reprinted by permission, GCP Magazine, May-08(1)

May 28, 2008

Recent Developments Highlight the Need to Review Advance Notice Bylaws

In the past two months, the Delaware courts have decided two cases addressing the scope of advance notice bylaws, in both cases holding that stockholders did not have to comply with the companies’ advance notice provisions in order to nominate directors.

May 27, 2008

Briefing on Doing Business Internationally: Minimizing FCPA Risk Exposure

OVERVIEW Foreign Corrupt Practices Act (FCPA) enforcement has proliferated dramatically in recent years. In addition to new criminal and civil enforcement activities brought by the Department of Justice and the SEC, private civil actions now often involve the FCPA.

May 21, 2008

SEC Proposes Revisions to the Cross-Border Rules to Increase Flexibility and Provide Greater Certainty

The Securities and Exchange Commission (the "Commission") recently issued a release proposing changes to the cross-border transaction rules adopted in 1999 (the "Proposing Release"), available at http://www.sec.gov/rules/proposed/2008/33-8917.pdf.After eight years of experience with the existing cross-border transaction rules, the Commission has proposed changes which amend the rules to provide more flexibility, accommodate foreign regulatory schemes and give parties greater certainty when structuring their cross-border transactions.

May 19, 2008

UK Employment and Labour Law — Quarterly Executive Summary (May 2008)

Welcome to the second Quarterly Executive Summary of 2008, in which we highlight key developments in UK Employment and Labour Law over the first quarter of 2008. We would first of all like to take this opportunity to welcome a new attorney to Gibson Dunn's London Employment & Labour law department.

May 15, 2008

Foreign Torts and the Commerce Clause: Territorial Limitations On State Power To Impose Punitive Damages

Los Angeles Of Counsel William E. Thomson is the author of "Foreign Torts and the Commerce Clause: Territorial Limitations On State Power To Impose Punitive Damages" [PDF] which appeared in the Spring 2008 issue of the ABA Mass Torts newsletter.  Reprinted with permission, © 2008, ABA Publications.

May 13, 2008

Data Breaches: Expect A Rise in Litigation

Partner Alexander H. Southwell is a co-author of "Data Breaches: Expect A Rise in Litigation" [PDF] published in the May 12, 2008 New York Law Journal special section on Investigations & Computer Forensics

May 12, 2008

ITAR Update: Technical Data Found on the Internet May Not Be Considered in the Public Domain

The Directorate of Defense Trade Controls ("DDTC") recently issued guidance to an exporter of defense articles that military photos downloaded from the Internet are not automatically in the public domain as defined by ITAR 120.11.

May 9, 2008

Department of the Treasury Releases Proposed Regulations Governing the Committee on Foreign Investment in the United States (“CFIUS”)

On April 21, 2008, the Department of the Treasury released a set of proposed regulations governing mergers, acquisitions and takeovers by foreign persons.

May 7, 2008

State Department Publishes Proposed Rule Clarifying EAR Control of Certain Aircraft Parts and Components

The U.S. Department of State Directorate of Defense Trade Controls has published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”).

May 2, 2008

Director Compensation in Turbulent Times

Recent turmoil in the mortgage and credit markets, and the resultant difficulties at a number of large financial institutions, have once again led some to ask the question: “Where was the board of directors?”  Those raising this question have inquired about the nature and extent of the board’s involvement in overseeing the risks associated with sub-prime lending and other activities at these institutions.  It is generally understood that the appropriate role of the board of directors is one of diligent oversight, and that directors cannot, and should not, be involved in the day-to-day operation of a company’s business.  Recent events, however, have underscored that serving on a public company board of directors in the 21st century involves more than simply attending

May 1, 2008

The Ninth Circuit Holds That Potentially Responsible Parties May Seek Cost Recovery Under Section 107(a) of CERCLA (Kotrous v. Bayer CropScience, Inc., et al.)

On April 17, 2008, the United States Court of Appeals for the Ninth Circuit issued its opinion in Kotrous v. Bayer CropScience, Inc., et al., No. 06-15162, holding that a potentially responsible party (“PRP”) may bring an action for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

April 21, 2008