I. Introduction Non-consensual third-party non-debtor releases are often included in chapter 11 plans. While the language and scope of these provisions vary, they all seek to prevent one or more non-debtor parties from pursuing claims against certain other non-debtor parties.
October 23, 2017
Several courts have held that the doctrine of international comity and the presumption against the extraterritorial application of U.S. law protect foreign transactions from avoidance actions in U.S. bankruptcy proceedings.
October 20, 2017
On October 19, 2017, the IRS released its cost-of-living adjustments applicable to tax-qualified retirement plans for 2018. In contrast to recent years where many limits had remained unchanged, a number of the key limitations for 2018 will increase as follows:
October 19, 2017
This is the latest update of significant developments relating to regulatory, administrative, or legal actions involving schools, especially private-sector schools.
October 17, 2017
On Friday, October 13, 2017, President Trump announced a significant change in U.S. policy towards Iran by declaring his intention to refuse to certify to Congress that the 2015 Iran nuclear deal was in the national security interests of the United States.
October 16, 2017
On October 11, 2017, the Securities and Exchange Commission (SEC) unanimously voted to propose amendments to modernize and simplify disclosure requirements for public companies, as well as investment advisers and investment companies.
October 13, 2017
On September 27, 2017, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation (Agencies) issued a proposal (Proposal) that would amend some of the current Basel III capital rules – foremost among them, the heightened capital charge for so-called "high volatility commercial real estate" (HVCRE).
October 5, 2017
The DIFC Court recently issued its first ever decision on sovereign immunity. Neither the UAE nor the DIFC has any legislation expressly conferring sovereign immunity upon foreign states.
October 3, 2017
State Attorneys General ("State AGs") have the authority to challenge M&A transactions under federal (and most state) antitrust laws but ordinarily do so in partnership with federal antitrust enforcers. It has historically been the case, however, that State AGs with active antitrust divisions have sought to elevate their antitrust enforcement levels during periods when they have anticipated or perceived a reduction in federal enforcement. Such an uptick in state antitrust enforcement is now in evidence and the business community should take note of the resulting enhanced risk when planning transactions and developing clearance strategies. As the Chief of the Antitrust Bureau for the New York Attorney General's office recently confirmed, New York and other st
October 2, 2017
As the Supreme Court begins its 2017 Term, Gibson Dunn's Supreme Court Round-Up provides summaries of the questions presented in the cases that the Court will hear and other key developments.
October 2, 2017
I. Introduction The UK Criminal Finances Act 2017 (the CFA) became law on 27 April 2017. On 30 September Part 3 of the CFA, which creates two new corporate criminal offences, will come into force.
September 29, 2017
Gibson Dunn previews upcoming cases and summarizes select opinions issued by the California Supreme Court in fall 2017.
September 28, 2017
On September 20, 2017, the Trump Administration issued a new Executive Order No. 13810, imposing additional sanctions on the Democratic People's Republic of Korea ("DPRK" or "North Korea"), with dramatic implications for foreign persons involved in North Korean trade.
September 26, 2017
This September 2017 edition of Gibson Dunn's Federal Circuit Update discusses the court's upcoming sitting in New York, the two pending Federal Circuit cases before the Supreme Court that consider issues regarding inter partes review proceedings, and the Federal Circuit's changes to two local rules involving certificates of interest and statements of related cases. This update also provides summaries of the three pending en banc cases involving motions to amend claims during inter partes review proceedings, judicial review of timeliness determinations in inter partes review proceedings, and attorneys' fees for litigation involving the PTO. Also included are summaries of three recent decisions relating to the applicability of the Seventh Amendment to requests for attorneys' fees
September 26, 2017
On September 21, 2017, the U.S.
September 26, 2017
As discussed in our August 8, 2016 client alert, lenders and borrowers continue to experiment with creative structures to prevent a bankruptcy filing.
September 26, 2017
Investment advisers that file Form ADV with the Securities and Exchange Commission ("SEC") either as registered investment advisers ("RIAs") or as exempt reporting advisers ("ERAs") are reminded that significant amendments to Part 1A of Form ADV ("Part 1A") go into effect on October 1, 2017. For most investment advisers having a fiscal year end of December 31st, the amendments will first impact their annual updating filings that will be due on April 2, 2018.The following Client Alert provides a brief summary of the changes that have been made to Part 1A. Investment advisers would be well-advised to begin considering how these changes will impact their Form ADV filing requirements for 2018 and how they will capture t
September 25, 2017
House Passes the SELF DRIVE Act, Consideration in Senate Committee Hearing on Including Large Commercial Autonomous Vehicles, and New Department of Transportation Guidelines
September 14, 2017
So far, 2017 has seen a number of interesting legal developments in UK employment law and the pace is set to continue with important regulations coming into force early next year. A brief overview of key developments which we believe will be of interest to our clients is provided below. More detailed information on each topic is available by clicking on the italicised links to the appendix below.
September 12, 2017
On August 31st, 2017, after weeks of dialogue and discussions with unions over the summer, the French government unveiled the content of the proposed reform of the French Labor Code through the publication of five draft ordinances (the "Draft Ordinances").
September 12, 2017