Client Alert - Gibson Dunn

Client Alert

Federal Circuit Update (October 2018)

This edition of Gibson Dunn's Federal Circuit Update offers a reminder of the upcoming American Intellectual Property Law Association (AIPLA) Annual Meeting and of Supreme Court's upcoming review of decisions coming up from the Federal Circuit.

October 1, 2018

DOJ Antitrust Head Signals Move to Shorter, Less Burdensome Merger Review

On September 25, 2018, in a speech at the 2018 Georgetown Law Global Antitrust Enforcement Symposium, Assistant Attorney General Makan Delrahim, head of the Justice Department's Antitrust Division ("DOJ"), announced his intention to significantly reduce the time needed to review proposed mergers and to reduce the burden in responding to a Request for Additional Information and Documentary Material ("Second Request") regarding proposed transactions.

October 1, 2018

New York Office of the Attorney General Publishes Report on Virtual Currency Platforms and Their Potential Risks

This Alert reviews the New York State Office of the Attorney General's (the "OAG") Virtual Markets Integrity Initiative Report (the "Report"), which was published on September 18, 2018.

September 27, 2018

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

As the Supreme Court begins its 2018 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the questions presented in the cases set to be heard as well as other key developments on the Court’s docket. 

September 27, 2018

U.S. Authorizes Sanctions for Election Interference

In a recent client alert we foreshadowed the Trump administration taking an aggressive stance on its sanctions policy in the lead-up to the U.S. midterm elections in November.

September 25, 2018

Dodd Frank 2.0: U.S. Federal Banking Agencies Propose New HVCRE Capital Regulations

On September 18, 2018, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, and Federal Deposit Insurance Corporation (together, the Banking Agencies) proposed revisions to their Basel III capital rules regarding so-called High Volatility Commercial Real Estate (HVCRE) loans.

September 24, 2018

Are Sellers Locking Up Value by Using Locked Box Accounts?

Conventional wisdom tells us that the most seller-friendly way to sell a business is through a locked box structure. This article argues that, in the MENA region, this is not universally the case and that a completion accounts structure (or a hybrid locked box/completion accounts structure) may be better suited to maximise asset value.

September 24, 2018

U.S. Court of Appeals Allows Specific Personal Jurisdiction Over German Web-Services Firm With No Physical U.S. Presence

On September 13, 2018, the U.S. Court of Appeals for the First Circuit handed down an important personal-jurisdiction ruling in the age of e-commerce.

September 24, 2018

SFO Successfully Defends Challenge over the Territorial Scope of Compulsory Document Requests

Last week the High Court in London handed down its decision following a challenge by KBR, Inc. against the issuing of compulsory document requests that required the production of documents held by the company outside of the UK.

September 11, 2018

Transfer Restrictions – A Delicate Balance?

Following the global financial crisis, the restrictions on a lender's ability to transfer its voting participations in the European leveraged acquisition finance space (assuming an English-law governed facility agreement) became reasonably standard, albeit they were slightly more favourable towards the lender than the borrower.

September 11, 2018

Court of Appeal in London Overturns Widely Criticised High Court Judgment in SFO v ENRC

I. Introduction Today the Court of Appeal of England and Wales issued its judgment in The Director of the Serious Fraud Office and Eurasian Natural Resources Corporation Limited regarding the privileged nature of documents created in the context of an internal investigation.

September 5, 2018

IRS Issues Initial Selective Guidance on New Section 162(m) Provisions, including Transition Rules

On August 21, 2018, the IRS released Notice 2018-68, which provides initial guidance regarding changes made to Section 162(m) of the Internal Revenue Code ("Section 162(m)") by last year's Tax Cuts and Jobs Act (the "Act").

August 30, 2018

SEC Streamlines Disclosure Requirements As Part of Its Overall Disclosure Effectiveness Review

This client alert provides an overview of changes to existing disclosure requirements recently adopted by the Securities and Exchange Commission (the "Commission").

August 27, 2018

The Trump Trade Tariffs: A Roadmap for Private Equity Executives

Navigating Uncertainty and Volatility for Your Portfolio Companies As the daily headlines attest, trade tariffs – both those recently implemented and those currently pending or contemplated – continue to create a dynamic and challenging business environment, including for portfolio companies of private equity sponsors.

August 21, 2018

Dodd-Frank 2.0: Potential Reform to the Federal Reserve Board’s “Control Rules” — What Is at Stake and Who May Benefit

2018 has seen significant but pragmatic developments in the implementation of bank regulation by the Board of Governors of the Federal Reserve System (Federal Reserve) under its new Vice Chairman for Bank Supervision, Randal Quarles.

August 20, 2018

CFIUS Reform: Our Analysis

On August 13, 2018, President Trump signed the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (“FY 2019 NDAA”), an omnibus bill to authorize defense spending that includes—among other measures—legislation that will significantly expand the scope of inbound foreign investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”).

August 14, 2018

Amendments to the Prevention of Corruption Act, 1988: Implications for Commercial Organizations Doing Business in India

The Indian Parliament recently passed the Prevention of Corruption Act (Amendment) Act, 2018 (the "2018 Amendment"), amending the Prevention of Corruption Act, 1988 (the "PCA").

August 9, 2018

The “New” Iran E.O. and the “New” EU Blocking Statute – Navigating the Divide for International Business

On August 6, 2018, President Donald Trump issued a new executive order authorizing the re-imposition of certain Iran-related sanctions.

August 9, 2018

Media, Entertainment and Technology Group – 2018 Mid-Year Update

For our latest semi-annual update, Gibson Dunn's Media, Entertainment and Technology practice group is taking stock of another active period of deals, regulatory developments, and litigation.

August 8, 2018

The U.S. Office of the Comptroller of the Currency Will Permit Special Purpose National Bank Charters for Fintech Firms

Last week, the Office of the Comptroller of the Currency (OCC) announced that it would begin accepting proposals from Fintech firms to charter special purpose national banks (SPNBs).

August 6, 2018