Looking back at the past year's cacophony of voices in a world trying to negotiate a new balance of powers, it appeared that Germany was disturbingly silent, on both the global and European stage.
January 11, 2019
In 2018, the number of corporate non-prosecution agreements ("NPAs") and deferred prosecution agreements ("DPAs") in the United States remained steady—2018 yielded at least 24 agreements—but the monetary recoveries skyrocketed to nearly $8.1 billion.
January 10, 2019
Gibson Dunn provides an overview of False Claims Act enforcement activity at the federal and state levels during fiscal year 2018, summarize the most notable FCA settlements announced in the second half of 2018, discuss noteworthy developments on the legislative and policy fronts, and conclude with an analysis of significant cases from the past six months.
January 9, 2019
In Henry Schein, Inc. v. Archer & White Sales, Inc., the Supreme Court held 9-0 that courts may not decline to enforce agreements delegating arbitrability issues to an arbitrator, even if the court concludes that the claim of arbitrability is “wholly groundless.”
January 8, 2019
Gibson Dunn provides an overview of the Foreign Corrupt Practices Act and other domestic and international anti-corruption enforcement, litigation, and policy developments from the year 2018, as well as the trends we see from this activity.
January 7, 2019
The U.S. Government is now approaching the second week of a partial shutdown. The agencies responsible for administering U.S. sanctions, export controls, and other trade-related functions are among those affected, and have substantially reduced their operations.
January 4, 2019
In September and December 2018, Gibson Dunn attorneys won three cases before the General Court of the European Union, the latest in a series of prominent judgments setting out the compliance requirements for infrastructure projects within the EU
December 21, 2018
On December 11, 2018, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers announced that they will be publishing for public comment a proposed rule to define the scope of waters federally regulated under the federal Clean Water Act (CWA).
December 21, 2018
Through discussions with bankers and other market participants, we anticipate that the number of UK take privates will continue to gather pace in 2019. The UK takeover regime brings particular challenges to take private transactions.
December 18, 2018
This is an interesting time to be a UK citizen, not least because of the unpredictable political situation. However, UK tax policy regarding real estate investment and taxation of real estate structures has been a moving target since before the Brexit referendum.
December 17, 2018
On December 13, 2018, in two separate but related appeals, the General Court of the European Union confirmed that the practice of margin squeezing by a dominant firm can constitute abusive behaviour, contrary to the terms of Article 102 TFEU.
December 13, 2018
Last year, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency issued final rules requiring globally systematic banking organizations ("G-SIBs") in the United States and their subsidiaries, as well as all U.S. operations of non-U.S. G-SIBs (each, a "Covered Entity") to include in their qualified financial contracts language that provides for contractual stays on early termination rights.
December 7, 2018
This edition of Gibson Dunn's Federal Circuit Update notes the cases at the Supreme Court on certiorari from the Federal Circuit and summarizes new revisions to the Federal Circuit Rules of Practice. The Update also summarizes recent key Federal Circuit decisions.
December 3, 2018
On November 16, 2018, the Securities and Exchange Commission (SEC) announced settled charges in its first cases imposing civil penalties solely for registration violations related to initial coin offerings (ICOs).
November 29, 2018
In November 2018, in AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., a California Court of Appeal ruled that an employer could not enforce its employee non-solicit against former company recruiters, after finding that the clause would keep the recruiters from performing their jobs, in violation of the California Business and Professions Code.
November 26, 2018
On November 15, 2018, the Federal Energy Regulatory Commission ("FERC") issued a Notice of Proposed Rulemaking ("NOPR") addressing how electric utilities are to modify their cost-based rates to account for the impact of the Tax Cuts and Jobs Act of 2017 on accumulated deferred income taxes ("ADITs").
November 26, 2018
Gibson Dunn's sixth "Federal Circuit Year In Review," provides a statistical overview and substantive summaries of the 140 precedential patent opinions issued by the Federal Circuit over the 2017-2018 year.
November 26, 2018
On Monday, the Trump administration took the first step toward imposing new controls on the export of cutting-edge technologies. Pursuant to the Export Control Reform Act of 2018 ("ECRA"), the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") published a request for the public's assistance in identifying "emerging technologies" essential for U.S. national security that should be subject to new export restrictions.
November 21, 2018
Negotiators for the European Union and the United Kingdom have agreed a draft withdrawal agreement that sets out how and when the UK will leave the EU (commonly known as "Brexit"). A separate, non-binding draft declaration sets out the aspirations for the future trading relationship.
November 19, 2018
On November 8, 2018, the U.S. Securities and Exchange Commission (SEC) announced that it had taken its first enforcement action against a digital "token" trading platform on the basis that the platform operated as an unregistered national securities exchange.
November 15, 2018