Client Alert - Gibson Dunn

Client Alert

Boletín de fin de año 2016 sobre la FCPA

El 2016 fue un año que sentó precedentes en cuanto a la Ley de Prácticas Corruptas en el Extranjero (“FCPA”, por sus siglas en inglés). Después de varios años manteniendo cifras constantes de aplicación de la ley, el Departamento de Justicia, (“DOJ”, por sus siglas en inglés) y la Comisión de Bolsa y Valores (“SEC”, por sus siglas en inglés) presentaron lo que probablemente es el año de aplicación de la ley más significativo en los 39 años de historia de dicha normativa.

March 20, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Labor and Employment Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence in order to assess how he might affect the Supreme Court should the Senate approve his nomination.  In the coming weeks, we will be publishing our analyses in a series of client alerts focusing on individual subject matters.  This alert focuses on labor and employment law.Judge Gorsuch's labor and employment opinions reflect his methodical approach to statutory interpretation, which focuses on the text of the relevant statutes, as well as his skepticism of agency attempts to broaden their authority and expand the scope of statutes.  If confirmed to fill Justice Scalia's vacant seat, Judge Gorsuch could cast a deciding vote on important class-arbitration cases

March 20, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Environmental Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.

March 17, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Arbitration Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.  We will be publishing our analyses in a series of client alerts focusing on individual subject matters.  This alert discusses arbitration law.Judge Gorsuch's arbitration opinions reflect his adherence to two general principles: first, that questions regarding arbitrability are matters of contract and therefore the parties' intent controls; and second, that federal policy favors arbitration and preempts state laws that conflict with that policy.  Judge Gorsuch's Arbitration Jurisprudence Judge Gorsuch has written majority, concurring, and dissenting opinions in cas

March 16, 2017

Court Orders Block Implementation of New Immigration Executive Order

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.

March 16, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence and to assess how he might affect the Supreme Court should the Senate approve his nomination.  We are publishing these analyses in a series of client alerts focusing on individual subject matters.  This alert focuses on class actions.

March 13, 2017

Corporate Social Responsibility Statements – Recent Litigation and Avoiding Pitfalls

Over the past few years, interest in corporate social responsibility ("CSR") has increased significantly. The spotlight on CSR has led companies to expand and strengthen their CSR efforts.

March 9, 2017

Analysis of March 6, 2017 Executive Order on Immigration

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

March 7, 2017

Proposed Enhancements to Strengthen Singapore As an International Centre for Debt Restructuring

The Singapore Ministry of Law and Ministry of Finance recently conducted a public consultation exercise from October 21, 2016 to December 2, 2016 to seek feedback on the proposed Companies (Amendment) Bill 2017 ("Bill") to strengthen Singapore as an international centre for debt restructuring.  The idea for change dates back to December 2010 when the Ministry of Law formed the Insolvency Law Review Committee ("ILRC") to review Singapore's bankruptcy and corporate insolvency regime.

March 2, 2017

M&A Report – Initial Lessons from the Anthem-Cigna M&A Lawsuit

On February 8, 2017, U.S. District Judge Amy Berman Jackson blocked the proposed $48 billion merger of health insurers Anthem Inc. and Cigna Corp.

February 23, 2017

French Legal Briefing – France Continues to Adopt the Highest International Standards to Attract Investors

Despite a net fall in the global M&A activity in 2016 (the total deal value amounted last year to US$ 3.7tn, down 16 % compared to 2015), French M&A market has been supported by a few domestic deals while the level of in-bound investments has dramatically dropped.

February 21, 2017

M&A Report – New York and Delaware Part Ways on M&A “Disclosure-Only” Settlements

On January 22, 2016, the Delaware Court of Chancery signaled the demise of "disclosure-only" settlements in M&A stockholder lawsuits with its decision in In re Trulia, Inc.

February 17, 2017

Reporting Requirements for Private Fund Advisers Under the Department of Treasury’s Benchmark Survey on Form SHC Due March 3, 2017

A US resident private fund adviser that invests overseas or which sponsors offshore funds may be subject to reporting requirements under the Department of Treasury's Form SHC.  The deadline for submitting Form SHC is March 3, 2017.  Form SHC is part of the Treasury International Capital (TIC) System, which collects data that the US Federal Government uses to determine the US balance of payment accounts and the US international investment position, and in the formulation of international economic and financial policies.  Information reported on TIC is confidential.  The Federal Reserve Bank of New York ("FRBNY") administers TIC on behalf of the Department of Treasury.  Form SHC is used to conduct a "benchmark survey" of holdings in foreign (i.e.

February 17, 2017

Media, Entertainment and Technology Group – 2016 Year-End Update

As we look back on an active 2016, and ahead to the rest of 2017, ushered in by a new administration, Gibson Dunn's Media, Entertainment and Technology practice group has taken stock of a particularly active period in deal-making, including Hollywood going (even more) global and the world coming to Hollywood.

February 16, 2017

2016 Year-End Health Care Compliance and Enforcement Update – Providers

Just days into the new administration's regime, the U.S. health care sector is at the forefront of the President's and Congress's attention. Repeal and, perhaps, replacement of the Affordable Care Act ("ACA"), a much-debated Republican stalking horse for more than half a decade, could now be near at hand.

February 15, 2017

Ninth Circuit Court of Appeals Issues Opinion Upholding Nationwide TRO of January 27 Immigration-Related Executive Order

On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations, and making other immigration-related policy changes.

February 10, 2017

2016 Year-End Aerospace and Related Technologies Update

This February 2017 edition of Gibson Dunn's Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2016 that are of interest to aerospace and defense, satellite, and drone companies, and new market entrants in the commercial space and related technology sectors, including the private equity and other financial institutions that support and enable their growth.

February 9, 2017

Recent Developments Related to Regulation and Litigation Involving the Education Sector (February 2017)

This is the latest update of significant developments relating to regulatory, administrative, or legal actions involving schools, especially private-sector schools.  The last quarter has seen a number of significant developments, not the least of which is the ushering in of a new presidential administration, the last shots of the Obama administration against the sector, and further developments relating to the Supreme Court's landmark False Claims Act decision in Universal Health Services v. U.S.

February 7, 2017

Antitrust in China – 2016 Year in Review

China's antitrust regulators have continued to increase their enforcement of the Anti-Monopoly Law ("AML") in 2016.  Given the high level of scrutiny in this area and the current legal environment in China, compliance with the AML should be a priority for businesses operating in China.

February 7, 2017

President Trump Issues Executive Order on Financial Regulation, and Memorandum on Department of Labor Fiduciary Rule

Last Friday, February 3, 2017, President Trump took two executive actions relating to U.S. financial markets and institutions. First, the President issued an executive order titled "Core Principles for Regulating the United States Financial System." The Executive Order articulates "core principles" with respect to financial regulation and directs the Secretary of the Treasury to advise the President within 120 days of actions being taken to promote those principles and to identify legal requirements that are inconsistent with the principles.

February 6, 2017