2016 was a pivotal year in global sanctions implementation, relaxation and enforcement. Against a backdrop of rising nationalism, the international community rallied behind the Joint Comprehensive Plan of Action ("JCPOA"), a deal to ease sanctions on Iran in exchange for limitations on the country’s nuclear program.
February 6, 2017
The U.S.
February 3, 2017
Private fund advisers are subject to a number of regulatory reporting requirements and other compliance obligations, many of which need to be completed on an annual basis. This memorandum provides a brief overview.1. Regulatory Filing Obligations under the Advisers ActPrivate fund advisers that are either registered investment advisers ("RIAs") or exempt reporting advisers ("ERAs") under the U.S.
February 3, 2017
The German Federal Fiscal Court confirmed in a decision published on January 25, 2017 that payments under a management equity program qualify as tax preferred capital gains and not as employment income, provided,the management participation is purchased and sold at market price andthe participation is subject to a potential risk of loss.Leaver and vesting schemes do not hinder such a qualification as capital gain.Taxation of MEPs – End of Legal Uncertainty?In recent years, the taxation of an executive's participation in a management equity program (MEP) has been a major topic in German tax audits dealing with these programs.
February 2, 2017
In this Government Contracts Litigation Update, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2016.
February 2, 2017
Last year saw continued attention to class action issues across the federal appellate courts, with the U.S. Supreme Court issuing three decisions on important issues to practitioners--Spokeo, Inc. v.
February 1, 2017
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 1, 2017
On January 30, 2017, President Trump signed an executive order entitled "Reducing Regulation and Controlling Regulatory Costs." As the title suggests, the order is intended to reduce the burden imposed by federal regulations and establish a cap on the costs that such regulations impose on the United States economy.
January 31, 2017
In honor of Data Privacy Day--an international effort to raise awareness and promote privacy and data protection best practices--we offer Gibson Dunn's annual Cybersecurity and Data Privacy Outlook and Review.
January 31, 2017
Today, President Trump nominated Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit to fill the vacant seat on the Supreme Court of the United States.
January 31, 2017
On January 27, 2017, President Trump issued an Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States."
January 30, 2017
On January 20, 2017, the Ontario Superior Court of Justice granted summary judgment in favor of Chevron Canada Limited ("Chevron Canada") and partial summary judgment in favor of Chevron Corporation in Yaiguaje et al v. Chevron Corporation et al. In Canada, Ecuadorian plaintiffs sought to recognize and enforce a fraudulent judgment obtained in Ecuador against Chevron Corporation. And to collect on that judgment, the plaintiffs were attempting to seize the assets of Chevron Corporation's seventh-level subsidiary, Chevron Canada. Finding that Chevron Corporation and Chevron Canada are "separate legal entities with separate rights and obligations," however, the court dismissed the plaintiffs' attempts to hold Chevron Canada liable. Indeed, the Court
January 27, 2017
2016 saw a number of significant developments in trade secrets law, including the passage of the Defend Trade Secrets Act, the first—and highly-anticipated—federal civil trade secrets statute. On the criminal side, the Obama Administration continued to aggressively prosecute individuals for trade secret theft and cyber-espionage, including a number of foreign actors, as well as a professional baseball executive who pled guilty to illicitly accessing a rival team's scouting reports. In the civil realm, we saw several high-dollar jury verdicts and one court concluding that the location of bee hives is a trade secret. Jason Schwartz, Greta Williams, Michael Jaskiw and Brittany Raia discuss these and other significant 2016 developments in trade secrets
January 27, 2017
In honor of Data Privacy Day--an international effort to raise awareness and promote privacy and data protection best practices--we offer this fifth edition of Gibson Dunn's Cybersecurity and Data Privacy Outlook and Review.
January 27, 2017
This January 2017 edition of Gibson Dunn's Federal Circuit Update discusses current news and pending Federal Circuit cases before the Supreme Court and provides an overview of the oral argument process and panel assignment at the Federal Circuit. Also included are summaries of the two pending en banc cases involving motions to amend claims during inter partes review and judicial review of timeliness determinations in inter partes review as well as a series of key recent decisions relating to the requirements for standing when appealing a decision of the Patent Trial & Appeal Board ("PTAB"), divided infringement, and indefiniteness of claims using terms of degree. Federal Circuit NewsFormer Chief Judge Rader is reportedly in consideration for leadership of the U.S.
January 26, 2017
The enforceability of the so-called "make-whole" premium--the contractual yield-protection payment included in certain debt documents that is calculated to offset lost future interest payments when term debt is repaid before maturity--has been analyzed in several decisions in recent years.
January 25, 2017
The year was yet another eventful one in securities litigation, from the expanded application of Omnicare and Halliburton II, to several significant decisions from the Delaware courts regarding, among other things, the bounds of collateral estoppel analysis and the principles for determining whether a claim is direct or derivative. The year-end update highlights what you most need to know in securities litigation developments and trends for the last half of 2016: We discuss recent trends in securities filings, including the increased number of securities class actions filed in federal court in 2016.We highlight notable post-Omnicare district court decisions, including many courts' continued application of a high pleading standard for claims brought under Section 11 of
January 25, 2017
The Supreme Court (the UK's highest court) has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union. The Supreme Court held by a majority of eight to three that the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without an act of parliament authorising it to do so. The landmark decision upholds a High Court ruling handed down last November. The UK government had argued that royal prerogative powers mean MPs do not need to vote on triggering Article 50. The Supreme Court rejected this. Withdrawal from the EU will fundamentally change the UK's constitutional arrangements because it will cut off the source of EU law: &
January 24, 2017
The Indian MarketThe Indian economy continues to be an attractive investment destination due to its sustained stable growth and implementation of further liberalisation policies by the Government of India ("Government").
January 19, 2017