Washington D.C. partner F. Joseph Warin and Denver partner Robert C. Blume are the authors of "The Foreign Corrupt Practices Act: Recent Developments, Trends, and Guidance" published in the February 2007 issue of Insights.
February 10, 2007
On February 8, the IRS Released Announcement 2007-18. Pursuant to the Announcement, employers may take advantage of a special settlement program (the "Program") to address the payment of additional taxes arising under Section 409A of the Internal Revenue Code as a result of an employee's exercise of a "discount" stock option or stock appreciation right in 2006.
February 9, 2007
This client update provides an overview of Foreign Corrupt Practices Act ("FCPA") enforcement activities in 2006, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit FCPA liability.FCPA OverviewThe FCPA’s anti-bribery provisions make it illegal to make payments of money or anything of value to any foreign government official or foreign political party in order to obtain or retain business or secure any improper advantage. The anti-bribery provisions apply to "issuers," "domestic concerns," and "any person" that violates the FCPA while in the territory of the United States. The term "issuer" covers any business entity that is registered under 15 U.S.C.
February 7, 2007
A recent decision of the U.S. Court of Appeals for the Fifth Circuit has addressed one of the most important issues in the recent wave of ERISA fiduciary breach “stock drop” litigation.
February 5, 2007
Although there has been much attention focused on both recent changes to the Federal Rules of Civil Procedure governing discovery of electronic documents, and the proposed changes to Federal Rule of Evidence 502, governing the scope of the attorney-client privilege, clients should not overlook another recent Federal Rule change of great significance.
February 5, 2007
On January 25, 2007, the Treasury Department’s Office of Foreign Assets Control (“OFAC”) made certain amendments to Part 594 of Title 31 of the Code of Federal Regulations, the Global Terrorism Sanctions Regulations (“GTSR”).
February 2, 2007
Jonathan Dickey and Jeffrey Minnery are authors of "Trends in Claims Against Lawyers," [PDF] published in the Securities Litigation Report, February 2007.
February 1, 2007
Washington, D.C. associate Dr. Tanya Mazur is the author of "Free for the Taking: Why States Should Not Be Able to Invoke Sovereign Immunity in Patent Infringement Disputes" [PDF] published in the February 2007 issue of The George Washington Law Review.
February 1, 2007
London partner Nicholas Aleksander, Los Angeles partner Dhiya El-Saden, Paris partner Ariel Harroch, Munich partner Hans Martin Schmid and of counsel Christian Schmidt are the authors of "A Reit Map: The Regional Idiosyncrasies of Real Estate Investment Trusts" [PDF] published in the February 2007 issue of the International Financial Law Review.
February 1, 2007
The European Court of First Instance (the "CFI") handed down a key and long-awaited antitrust Judgment today in France Télécom SA v Commission, addressing a number of issues relating to predatory pricing in the EU. The strict approach to EU law on predatory pricing has been confirmed.
January 30, 2007
Paris associate Jérôme Delaurière is the author of "News Analysis: Does Denkavit Signal the End of Withholding Tax?" [PDF] published in the January 29, 2007 issue of Tax Analysts's Tax Notes International (pg 303).
January 29, 2007
RevisedYesterday, the Division of Corporation Finance (“Staff”) at the Securities and Exchange Commission issued 18 pages of interpretations on its new executive and director compensation disclosure rules, which are applicable for 2007 proxy filings by companies with fiscal years ending on or after December 15, 2006.
January 25, 2007
The U.S. Court of Appeals for the Fourth Circuit this week struck down Maryland's controversial "Fair Share Health Care Fund Act," popularly known as the "anti-Wal-Mart law." Affirming a ruling by the federal district court in Maryland, the Fourth Circuit ruled that health-benefits mandates like the Maryland Act are preempted by the federal Employee Retirement Income Security Act (ERISA).Gibson Dunn represented the plaintiff trade group, the Retail Industry Leaders Association (RILA), in both the district court and the court of appeals.
January 19, 2007
Congress has introduced a bill that, if enacted, would significantly elevate the financial and legal risks for overseas government contractors and increase the penalties for fraud and abuse in Iraq. On January 4, 2007, Sen.
January 18, 2007
On January 17, the Senate Finance Committee unanimously approved the Small Business and Work Opportunity Act of 2007 (the "Act"). The Act includes a number of tax breaks for small businesses in connection with the proposed increase in the minimum wage.
January 18, 2007
In a recent decision of note, the U.S. Supreme Court ruled patent licensees in good standing may challenge the validity of the patent, or assert non-infringement, without first terminating their license agreements.
January 11, 2007
2006 has seen significant developments in UK labour and employment law with more to come in 2007. In this Briefing we will look back over some of the highlights of 2006.
January 5, 2007
2006 saw significant developments in UK labour and employment law with more expected to come in 2007. Copies of our Client Briefing concerning UK Labour and Employment Law Highlights of 2006 are available upon request.
January 5, 2007
New York associate Farrah Pepper is the author of "Overview of the E-Discovery Amendments to the Federal Rules of Civil Procedure," published in the December 2006 edition of the Newsletter of the Federal Bar Association, Orange County Chapter.Reprinted with permission, © 2006, Federal Bar Association, Orange County Chapter.
December 31, 2006
Today, the SEC amended the Executive Compensation Rules that go into effect this coming year. A copy of the SEC's news release announcing this is attached below, together with links to the release and the rule amendment.
December 22, 2006