New York partner James Hallowell and associate Lauren Sager are the authors of "Justice Holland's Lasting Imprint on Corporate Law," [PDF] published by Delaware Business Court Insider on March 14, 2017.
Article | March 14, 2017
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.
Client Alert | March 7, 2017
San Francisco partner Thad Davis and associate Kelsey Helland are the authors of "Lemons and Lemonade: Making the Most of Grounds for Transferring Venue," [PDF] published in the American Bar Association's newsletter Criminal Litigation on March 6, 2017.
Article | March 6, 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.
Client Alert | February 10, 2017
Dubai partner Graham Lovett and associate Nooree Moola are the authors of "Litigation Needs to Serve a Clear Purpose," [PDF] published by Gulf News on February 8, 2017.
Article | February 8, 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.
Client Alert | 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.
Client Alert | February 1, 2017
On January 27, 2017, President Trump issued an Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States."
Client Alert | 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
Client Alert | 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.
Client Alert | January 26, 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: &
Client Alert | January 24, 2017
Orange County partner Gareth Evans is the author of "Wrapping Up 2016: Major Trends, New Rules and Emerging Caselaw," [PDF] published on January 5, 2017 in Bloomberg BNA Digital Discovery & e-Evidence.
Article | January 5, 2017
San Francisco partner Thad Davis and San Francisco associate Vivek Gopalan are the authors of "Delaware Supreme Court Affirms Guidance in Advancement Disputes" [PDF] published on December 28, 2016 in the Delaware Business Court Insider.
Article | December 28, 2016
In the wake of the 2016 U.S. presidential election, this alert discusses tools available to President-elect Trump to implement his campaign positions, as well as their likely efficacy and limits.
Client Alert | November 30, 2016
The UK High Court has ruled today that parliament must vote on whether the UK can start the process of leaving the European Union. This means the UK government cannot trigger Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – without parliamentary approval.
Client Alert | November 3, 2016
For several years, Gibson Dunn has been reporting significant legal developments involving class actions on an annual basis, most recently in our 2015 Year-End Update on Class Actions. We are pleased to announce that, in addition to our annual year-end updates, we will now be providing quarterly updates of significant appellate class action decisions and trends.This update provides an overview and summary of key class action developments during the third quarter of 2016. Part I addresses recent decisions from the Third, Fifth, and Ninth Circuits regarding the impact of damages issues on Rule 23(b)(3)'s predominance requirement. Next, Part II discusses important class settlement decisions from the Second, Sixth, and Seventh Circuits. Finally, Part III
Client Alert | October 27, 2016
Los Angeles partner Perlette Michèle Jura and associate Dylan Mefford are the authors of "Extraterritoriality: The ATS In Focus" [PDF] published on October 25, 2016 by Law360.
Article | October 25, 2016
The UK Prime Minister, Theresa May, has announced that Article 50 – the official legal notification to the EU that the UK is going to leave the bloc – will be triggered by end March 2017. This means the UK will be out of the EU by end March 2019. The UK will have two years from the Article 50 notice to negotiate the terms of its relationship with the EU. Theresa May has not given any information on the type of Brexit deal the UK Government will be pursuing. However, the Prime Minister insists that the UK will not "give up control of immigration again". The requirement for restrictions on free movement of people may make it difficult for the UK to remain in the EU single market.
Client Alert | October 3, 2016
Washington, D.C. associates Jonathan Phillips and Julie Rapoport Schenker are the authors of "Compliance Perspectives on the Developing Contours of the PSQIA" [PDF] published in the October 2016 issue of Compliance Today.
Article | October 3, 2016
Los Angeles partner Michael Farhang and associate Andrew Roach are the authors of "Special Interests at Stake When Dealing with Distressed Insurers" [PDF] published on September 21, 2016 by Delaware Business Court Insider.
Article | September 21, 2016
Los Angeles partner William Thomson, New York partners Andrea Neuman and Anne Champion, and Los Angeles associate Dylan Mefford are the authors of "Have Alien Tort Statute Claims Run Their Course?" [PDF] published on September 16, 2016 by Law360.
Article | September 16, 2016
Los Angeles partner Kevin Rosen, San Francisco partner Matthew Kahn, and Los Angeles associate Nathaniel Bach are the authors of "The Gray Zone: What All Lawyers Need To Know About Providing (Or Not Providing) Business Advice After Peterson v. Katten Muchin" [PDF] published in the September 2016 issue of the Beazley Brief.
Article | September 15, 2016
New York partner Jennifer Rearden and associate Goutam Jois are the authors of "Trends Under Amended Federal Rules of Civil Procedure 37 and 26" [PDF] published on September 15, 2016 by Bloomberg BNA's Digital Discovery & e-Evidence.
Article | September 15, 2016
Munich partners Lutz Englisch and Mark Zimmer are the authors of "The future of German codetermination" [PDF] published in issue No. 3 of the online magazine Business Law Magazine.
Article | September 8, 2016
Los Angeles partner Katherine Smith and associate Michael Holecek are the authors of "Guidelines for Managing a Forensic Inspection of ESI" [PDF] published in the September 2016 issue of Los Angeles Lawyer.
Article | September 1, 2016
New York partner Jennifer Rearden and associate Sharon Grysman are the authors of "Advice From Law Firm's In-House Counsel Found Shielded by Privilege" [PDF] published on September 1, 2016 by New York Law Journal.
Article | September 1, 2016
Los Angeles partner Theodore J. Boutrous, Jr. and Washington, D.C. partner Joshua Lipshutz are the authors of "Poor Children Need a New Brown v. Board of Education" [PDF] published on August 29, 2016 by The Wall Street Journal.
Article | August 29, 2016
Dallas of counsel Ashley Johnson and associate Will Thompson are the authors of "Conflicting Courts on Neutral Canons" [PDF] published on August 24, 2016 by Law360.
Article | August 24, 2016
Los Angeles partners William Thomson and Kahn Scolnick, and associate Dylan Mefford are the authors of "Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ.
Article | August 19, 2016
This is an update to our client alert published on June 21, 2016 in which we addressed the possible legal consequences of a vote to leave the European Union in the Referendum held in the United Kingdom on June 23, 2016. Now that the outcome of the Referendum is known, we consider in this client alert some of the likely immediate consequences of that vote and its impact on anyone doing business in the UK.What happened on June 23?In a result announced in the early hours of June 24, the UK electorate voted, by a majority of 51.9% to 48.1%, to leave the European Union.
Client Alert | June 28, 2016
You will all be aware that the UK electorate voted yesterday, by a margin of 52% to 48%, to leave the European Union. Following that vote, the UK Prime Minister, David Cameron, has announced today that he will step down in October when a new leader of the Conservative party (and, therefore, Prime Minister) will take office. The referendum does not itself trigger any legal consequences. The actual timing for a UK exit from the EU is uncertain. Whilst Mr. Cameron has indicated that the UK government will not invoke the mechanisms required under the Treaty of Lisbon to trigger negotiations leading to BREXIT until a new administration is in place, the presidents of the EU institutions, in a joint statement issued today, have said that they expect the UK to give eff
Client Alert | June 24, 2016
For the past few months, it has been impossible for anyone living in the United Kingdom to escape coverage of the Referendum on the UK's continued membership of the European Union. Whilst general coverage has been extensive and unrelenting, there has been considerably less focus on what might happen after a vote to "leave" (i.e.
Client Alert | June 21, 2016
On June 20, 2016, the Supreme Court of the United States issued its highly anticipated decision in RJR Nabisco, Inc. v. European Community, No.
Client Alert | June 21, 2016
New York partner Avi Weitzman and of counsel Jason P.W. Halperin are the authors of "Curing Albany's Corruption Epidemic: It's Time for a Conflict-Free Legislature" [PDF] published on May 27, 2016 by New York Law Journal.
Article | May 27, 2016
New York partner Jennifer H. Rearden and associates Jefferson E. Bell and Michael Marron are the authors of "Further Guidance on Advancing Litigation Costs to Officers, Directors" [PDF] published on May 25, 2016 by Delaware Business Court Insider.
Article | May 25, 2016
Hong Kong partner Sébastien Evrard is the author of "Civil Antitrust Litigation in China" [PDF]. This article was first published in Competition Law International, Vol 12, No 1, April 2016, and is reproduced by kind permission of the International Bar Association, London, UK.
Article | April 30, 2016
Los Angeles partner Marcellus McRae, and associates Michael Lee and Samuel Spears are the authors of "Evidence" [PDF] published in the State Bar of California's 2015 California Litigation Review.
Article | April 20, 2016
In light of the tumult in the junk bond market, the gyrations in the stock market, and other storm clouds on the global economic horizons, companies that face refinancing of their debt in 2016 and 2017 may find themselves restructuring through bankruptcy in Chapter 11.
Webcasts | February 24, 2016
For both courts and litigants alike, class actions continued to dominate the litigation landscape in 2015. By most accounts, companies are facing greater-than-ever monetary and reputational exposure from these lawsuits. A recent survey of several hundred corporations reported that 54% of all major companies are currently engaged in class litigation, that the number of "bet the company" matters--valued at tens of billions of dollars or more in exposure--more than tripled in the last four years, and that companies dedicated 10% of their entire litigation spend on defending class actions. It is likely not a coincidence that during this same four-year period between 2011 and 2015, the U.S.
Client Alert | February 1, 2016
Over the last two years, the FBI has reported close to 10,000 businesses victimized by a particular form of online fraud referred to as a business email compromise scam or BEC scam, which typically involves the fraudulent transfer of funds from the company to accounts in Hong Kong and mainland China. According to the FBI, more than 8,000 businesses fell victim to business email compromise scams and suffered a combined loss of more than $1.2 billion. Since January 2015 there has been a 270 percent increase in the number of victims falling victim to BEC scams and a similar increase in the total amount of loss they suffered. The FBI reported that in the majority of BEC scams the funds are transferred to bank accounts in Hong Kong or mainland China.
Article | January 12, 2016
A bit less, but no less impressive--that is how we would characterize False Claims Act enforcement in 2015. This past year, the federal government recovered approximately $3.6 billion in either settlements or judgments in cases brought under the False Claims Act ("FCA" or the "Act").
Client Alert | January 6, 2016
2015 was a blockbuster year in corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA"), by sheer numbers alone. Skyrocketing to 100, in 2015 the number of agreements more than doubled the numbers in every prior year since 2000, when Gibson Dunn first began tracking NPA and DPA data.
Client Alert | January 5, 2016
As we kick off our second decade of updates on the state of play in international anti-corruption enforcement, the stakes for multinational companies have never been higher.
Client Alert | January 4, 2016
Denver partner Jessica Brown and associate Tafari Lumumba are the authors of "Trade Secrets: 10 Keys to Successful Litigation" [PDF] published in the January 2016 issue of The Colorado Lawyer.
Article | January 1, 2016
Washington D.C. partner Peter Seley and associate Bryson Smith are the authors of "The Unrealized Promise Of Rule 26 Amendments" [PDF] published on December 2, 2015 by Law360.
Article | December 2, 2015
On November 19, 2015, in Depomed, Inc. v. Horizon Pharma plc, the Superior Court of California, County of Santa Clara granted Depomed's request for a preliminary injunction to enjoin Horizon's hostile exchange offer to acquire Depomed.
Client Alert | November 20, 2015
The Arbitration & Conciliation (Amendment) Ordinance, 2015 ("Ordinance") was promulgated on October 23, 2015 to introduce substantial changes to the [Indian] Arbitration & Conciliation Act, 1996 ("Act").
Client Alert | November 10, 2015
Los Angeles partner Michael Farhang and associate Christopher Nowlin are co-authors of "Just Discovery" [PDF] published in the November 2015 issue of the Los Angeles Lawyer.
Article | November 1, 2015
For the third successive Congress, we are releasing a table of authorities that summarizes the investigative powers of each House and Senate committee. We believe that understanding a committee's investigative powers is crucial to successfully navigating a congressional investigation. Congressional committees have the power to issue subpoenas to compel witnesses to produce documents, testify at committee hearings, and, in some cases, appear for depositions. Although the Fifth Amendment applies in the context of a congressional investigation, standing committees nevertheless may appeal to the full House or Senate to hold in contempt any witness who refuses to appear, answer questions, or produce documents. Congressional contempt authority may take one of three
Client Alert | October 21, 2015
On October 7, 2015, the United States Consumer Financial Protection Bureau announced that it is "launch[ing] a rulemaking process" that is intended to impede the use of "pre-dispute arbitration agreements for consumer financial products and services." The proposal currently under consideration by the Bureau would (1) "prohibit companies from blocking group lawsuits through the use of arbitration clauses in their contracts;" and (2) "require companies to send to the Bureau all filings made by or against them in consumer financial arbitration disputes" and any resulting decisions, "which might be made public."
Client Alert | October 13, 2015