Client Alert - Gibson Dunn

Client Alert

2017 Year-End E-Discovery Update

Gibson Dunn lawyers provide an update on major issues, developments and challenges within the world of e-discovery during 2017 

January 18, 2018

UK Employment Update – January 2018

In this update we: focus on two areas of UK employment law which are currently having a major impact on employers: the Gender Pay Gap Reporting Regulations which come into force in 2018 and one of the most talked about issues last year: worker status and the gig economy

January 17, 2018

The Overhaul of France’s Tax Laws Has Been Enacted -What Will the 2018 Finance Act Change?

On December 21st, 2017, the French Parliament approved the first Finance Laws of Emmanuel Macron's presidency (the "Finance Act"). The general objective pursued by the French Parliament through this tax reform is to sustain French economy's attractiveness and competitiveness and to attract a significant part of the population's savings into the productive economy and, hence, company stocks.

January 16, 2018

2017 Year-End Government Contracts Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2017.

January 16, 2018

2017 Year-End Securities Enforcement Update

2017 was the prototypical transition year for the SEC. In contrast to many other federal agencies under the current administration, the new SEC leadership did not promise a wholesale rethinking of the agency's mandate.

January 10, 2018

Recent Developments in UK Public Takeover Regulation – A Brief Summary of Recent Rule Changes and the Landmark Decision in The Panel on Takeovers and Mergers v King

Enforcement of Panel Rulings A few weeks ago, the Court of Session in Edinburgh (the Court) delivered its landmark judgement in the case of The Panel on Takeovers and Mergers v David Cunningham King – the first case in which the UK Takeover Panel (the Panel) applied to court for an enforcement order pursuant to its rights under the Companies Act 2006 (the Act).

January 9, 2018

2017 Year-End German Law Update

"May you live in interesting times" goes the old Chinese proverb, which is not meant for a friend but for an enemy. Whoever expressed such wish, interesting times have certainly come to pass for the German economy.

January 7, 2018

2017 Year-End False Claims Act Update

How will the Trump Administration alter enforcement of the False Claims Act ("FCA")? This is a question we fielded frequently at the end of 2016. Our answer at the time: We do not expect there to be significant changes in FCA enforcement, and we expect that the Department of Justice ("DOJ") and private qui tam plaintiffs will continue to brandish the FCA as a powerful weapon.

January 5, 2018

2017 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

This January 2018 update discusses trends and developments involving corporate non-prosecution agreements (NPAs) and deferred prosecution agreements (DPAs).

January 4, 2018

2017 Year-End FCPA Update

When President Jimmy Carter signed the Foreign Corrupt Practices Act ("FCPA") into law on December 19, 1977, not many predicted the dramatic impact this singular U.S.

January 2, 2018

SEC Staff Provides Important Guidance for Disclosure and Accounting Implications of the Tax Cuts and Jobs Act – Practical Considerations for Reporting Companies

On December 22, 2017, the SEC's Office of the Chief Accountant and Division of Corporation Finance issued important guidance that provides significant relief and helpful answers on some of the accounting and disclosure issues raised by the Tax Cut and Jobs Act, which was signed into law the same day.

December 26, 2017

The Tax Bill: Year-End Planning Considerations for Executive Compensation

On December 19th and 20th, 2017, the Senate and the House passed the "Tax Cuts and Jobs Act". President Trump will sign the Act into law, though that may not be until early January due to technical Congressional budgetary rules.

December 21, 2017

M&A Report – Delaware Chancery Court Decision Underscores the Risks to Buyers When Devising Earn-Outs

Buyers and sellers in M&A transactions sometimes structure a portion of the purchase price as an earn-out. In an earn-out structure, the buyer pays part of the purchase price at the closing and the remainder if and when the target business achieves pre-defined milestones after the closing.

December 19, 2017

The Beginning of the End, or the End of the Beginning? The General Court’s Ruling in the Coty Case

On 6 December 2017, the European Court of Justice (the "ECJ"), delivered a landmark Judgment in the Coty Case, issuing a Preliminary Ruling in response to a series of questions posed by the Higher Regional Court of Frankfurt am Main in Germany.

December 18, 2017

M&A Report – Delaware Supreme Court Reaffirms the Importance of Deal Price As an Indicator of Fair Value in Appraisal Actions

The Delaware Supreme Court’s recent decision in Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. represents the latest significant opinion from Delaware courts that has contributed to the reduction in M&A litigation by underscoring that, in an efficient market, the deal price should be accorded significant—if not complete—deference in determining fair value in appraisal actions.

December 18, 2017

Brexit – Initial deal agreed

The UK Government and the European Commission have issued a joint report setting out the progress of the phase 1 negotiations for the Brexit divorce terms.

December 8, 2017

MOFCOM Clears Semiconductor Merger with a Two-Year “Hold-Separate” Condition

The Chinese Ministry of Commerce ("MOFCOM") recently conditionally approved Advanced Semiconductor Engineering's proposed acquisition of Siliconware Precision Industries under China's Anti-Monopoly Law.

December 8, 2017

Black and Grey: The EU Publishes Its Lists of Tax Havens

On Tuesday, December 5, 2017, the EU announced its long-awaited list of seventeen "non-cooperative" tax jurisdictions (the "Black List") and identified a further 47 jurisdictions with whom discussions about tax reform are ongoing (the "Grey List").

December 7, 2017

The General Data Protection Regulation: A Primer for U.S.-Based Organizations That Handle EU Personal Data

The General Data Protection Regulation (GDPR), a new European Union data privacy and protection regime, has already entered into force and is slated to become effective on May 25, 2018.

December 4, 2017

Federal Circuit Update (November 2017)

This November 2017 edition of Gibson Dunn's Federal Circuit Update discusses the recent Friedman Lecture on Appellate Advocacy by Judge Alan Lourie, the two pending Federal Circuit cases before the Supreme Court that consider issues regarding inter partes review proceedings, and the Federal Circuit's en banc procedures.

November 30, 2017