Today, the European Court of Justice has rendered a landmark decision about German corporate co-determination, avoiding a "Europeanization" of the current regime.
July 18, 2017
Gibson Dunn provides a comprehensive overview of the state of play in white collar crime enforcement activity in the United Kingdom as of July 2017.
July 18, 2017
The first half of 2017 was unusually quiet for the SEC's Division of Enforcement. This undoubtedly stemmed from the change in administration following the November election.
July 18, 2017
For decades, the Federal Trade Commission ("FTC") has sought and obtained monetary remedies as equitable "disgorgement" of ill-gotten gains. Disgorgement amounts have exceeded a billion dollars in both antitrust and consumer protection matters and routinely total millions or tens-of-millions of dollars.Gibson Dunn partner Sean Royall and of counsel Rich Cunningham recently published an article titled Will "Kokesh v. SEC" Put a Kink in the Federal Trade Commission's Disgorgement Hose?
July 12, 2017
In our 2016 Year-End Update, we noted that 2016 was a year full of change—including significant Supreme Court False Claims Act rulings and the election—and raised questions regarding the application and enforcement of the False Claims Act ("FCA") going forward. The first half of 2017 has answered some of those questions, but many remain. First, some consensus has developed among the courts as to how to apply the Supreme Court's decision in Universal Health Services v. United States ex rel.
July 12, 2017
The UK system of public takeovers – both with regards to its rules (as set out in the Code on Takeovers and Mergers (the Code) and rulings under the Code – can be challenging to parties and practitioners not familiar with the underlying UK and European regimes on takeovers.The key features of the UK takeover system are its flexibility, certainty and speed, enabling parties to know where they stand under the Code in a timely fashion.
July 11, 2017
The resounding global theme this year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA") is "cooperation." In the United States and abroad, enforcement authorities implementing or considering DPA regimes are consistently beating the drum of exemplary cooperation as a prerequisite to achieving this form of resolution. We highlight multiple examples across the globe in which cooperation has been acknowledged as a deciding factor in accomplishing an NPA or DPA, even in cases where wrongdoing is alleged to have been long-standing and broad in scope.Many of the year's most significant developments have come from abroad, as the United Kingdom flexes its DPA muscle and other jurisdictions—Australia and Scotlan
July 11, 2017
On June 29, 2017, in a widely anticipated ruling, the Supreme Court of California held that a transfer of an interest in a legal entity that results in a change in ownership of real property held by the legal entity for property tax purposes triggers the California documentary transfer tax (the "DTT"). This decision affirms the lower court's view that property tax "change in ownership" principles apply for purposes of the DTT.Facts of the CaseAs discussed in more detail in our prior Client Alert, Ardmore involved a series of transactions involving, over time, the transfer of an apartment building by a trust (Trust) to a wholly owned limited liability company (Ardmore), a transfer by the Trust of its interest in Ardmore to a "trust-owned partnership" (
July 10, 2017
The New York Court of Appeals Round-Up summarizes key opinions issued by the Court over the past year. The cases are organized by subject. We also highlight a number of civil cases that the Court will hear during the coming year, beginning in September 2017.
July 10, 2017
These are uncertain times and the subject of continuing enforcement of the Foreign Corrupt Practices Act ("FCPA") is certainly not immune from question as a new administration takes the reins of the U.S.
July 10, 2017
The attached article originally appeared in a recent issue of Construction Week. It was written by Ryan Whelan, a senior dispute lawyer based in Gibson Dunn's Dubai office.
July 6, 2017
The last 12 months have seen various strides towards increased protectionism at a national level in the UK and other European member states and also at a European level.
July 6, 2017
In June, the Office of the Comptroller of the Currency (OCC), the regulator of national banks, federal savings associations and federal savings banks, issued additional guidance on the oversight and risk management of third-party relationships (Bulletin 2017-21).
July 5, 2017
Following the close of the Supreme Court's 2016 Term, Gibson Dunn's Supreme Court Round-Up provides summaries of the Court's opinions, the questions presented in cases that the Court will hear next Term, and other key developments on the Court's docket. Gibson Dunn presented 2 arguments during the 2016 Term, securing wins for clients in both cases, and was involved in 11 additional cases as counsel for amici curiae. To date, the Court has granted certiorari in 28 cases for the 2017 Term, and Gibson Dunn is counsel for the petitioner in 2 of those cases.
June 29, 2017
This client alert provides an overview of shareholder proposals submitted to public companies for 2017 shareholder meetings, including statistics and notable decisions from the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") on no-action requests.
June 29, 2017
Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
June 29, 2017
On June 26, 2017, the Supreme Court of the United States held in CalPERS v.
June 26, 2017
Mexico's new General Law of Administrative Responsibility ("GLAR") takes effect on July 19, 2017. The GLAR establishes administrative penalties for improper payments to government officials, bid rigging in public procurement processes, the use of undue influence, and other corrupt acts. The law reinforces a series of Mexican legal reforms from 2016 that expanded the scope of the country's existing anti-corruption laws and created a new anti-corruption enforcement regime encompassing all three levels of government (federal, state, and municipal). Among the GLAR's most significant changes are provisions that target corrupt activities by corporate entities and create incentives for companies to implement compliance programs to avoid or minimize corporate li
June 22, 2017
On June 19, 2017, the Supreme Court unanimously held in Matal v. Tam that a decades-old statute prohibiting the registration of disparaging trademarks violates the First Amendment to the U.S.
June 21, 2017
This month, the European Commission ("Commission") has started the already expected initiative to open formal investigations into the e-commerce practices of companies active in the European Union.
June 20, 2017