Washington, D.C. partner John Sturc and associate John W.F. Chesley are the co-authors of "The FCPA and Analogous Foreign Anti-Bribery Laws--Overview, Recent Developments, and Acquisition Due Diligence" [link to PDF] published in the September 24, 2007 issue of Capital Markets Law Journal.
Client Alert | September 24, 2007
In a previous client update ("UK Court of Appeal confirms that documents created by regulators are not always protected from production in court proceedings"), we discussed a recent Court of Appeal decision confirming the limitations on the statutory protections granted to documents created by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in the course of its confidential investigations into regulated entities for suspected rule breaches. In particular, the Court of Appeal confirmed that such documents are not always protected from production in subsequent court proceedings, even though this will enable claimants to obtain documents that already contain the benefit of a regulatory body's analysis of facts and to obtain advance indications
Client Alert | September 19, 2007
The Foreign Corrupt Practices Act (“FCPA”) is 30 years old this year, and the anniversary is being “celebrated” with an explosion of enforcement activity by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”).
Client Alert | July 26, 2007
The English House of Lords has issued two landmark decisions within the past six months addressing the value-date for the quantification of damages. The most recent of these decisions, in Golden Strait Corporation v Nippon Yusen Kubishika Kaisha, involves commercial contract law and may be a recipe for delay in UK contract law arbitrations.
Article | July 23, 2007
On 11 July 2007, the European Court of First Instance (the "CFI") delivered its long-awaited Judgment in the appeal of Schneider Electric S.A. ("Schneider") against the Decision of the European Commission (the "Commission").
Client Alert | July 19, 2007
Gibson Dunn lawyers Rachel Couter and Nathalie Allen of "Contracts: Straight to the point" which was first published in the 12 July, 2007 issue of Legal Week.
Article | July 12, 2007
Claims against a party (D) for intentionally causing economic loss to another (P), in situations where D is neither in a contractual or other legal relationship with P, have been possible under English law for several centuries.
Client Alert | May 11, 2007
New York associate Farrah Pepper is the author of "Getting Ahead of the E-Discovery Curve: The Junior Attorney's Guide," [PDF] published in the Spring 2007 issue of the Consumer and Personal Rights Litigation Newsletter (ABA Section of Litigation).
Client Alert | April 2, 2007
In a decision having important implications both for the scope of liability under the securities laws and for class certification in general, on March 19, the Fifth Circuit ruled that a securities fraud action against certain financial institutions that participated in transactions with Enron Corporation could not proceed as a class action.
Client Alert | March 22, 2007
Questions have arisen in England concerning the production of documents, created in the context of an investigation by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in subsequent legal proceedings.
Client Alert | March 16, 2007
In a 5-4 opinion issued this week, the United States Supreme Court struck down a $79.5 million punitive damage award as unconstitutional under the Due Process Clause of the Fourteenth Amendment to the U.S.
Client Alert | February 23, 2007
This client update provides an overview of Foreign Corrupt Practices Act ("FCPA") enforcement activities in 2006, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit FCPA liability.FCPA OverviewThe FCPA’s anti-bribery provisions make it illegal to make payments of money or anything of value to any foreign government official or foreign political party in order to obtain or retain business or secure any improper advantage. The anti-bribery provisions apply to "issuers," "domestic concerns," and "any person" that violates the FCPA while in the territory of the United States. The term "issuer" covers any business entity that is registered under 15 U.S.C.
Client Alert | February 7, 2007
New York associate Farrah Pepper is the author of "Overview of the E-Discovery Amendments to the Federal Rules of Civil Procedure," published in the December 2006 edition of the Newsletter of the Federal Bar Association, Orange County Chapter.Reprinted with permission, © 2006, Federal Bar Association, Orange County Chapter.
Client Alert | December 31, 2006
London Partner Cyrus Benson is the author of "Wanted: An Ethical Compass" [PDF], which appeared in Global Arbitration Review, Volume 1, Issue 3, June 2006.
Client Alert | June 1, 2006
When a company engages in settlement discussions with the federal government or a civil plaintiff in one case, can those communications be the subject of discovery in a different lawsuit?
Client Alert | May 25, 2006
In a landmark decision handed down by the U.S. Supreme Court on March 1, 2006, the Court unanimously abrogated its decades-old presumption, articulated most prominently in United States v. Loew’s, Inc., 371 U.S.
Client Alert | March 2, 2006
Washington, D.C. associate Reeve T. Bull is the author of "The Virtue of Vagueness: A Defense of South Dakota v. Dole" [PDF] published in 2006 by Duke Law Journal.
Client Alert | February 5, 2006