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Congress Seeks to Force (and Tie) President’s Hand on Sanctions Through Passage of Significant New Law Codifying and Expanding U.S. Sanctions on Russia, North Korea, and Iran

Last month, we wrote to you about a "Blockbuster Week in U.S. Sanctions" during which the Senate overwhelmingly approved of a bill that would expand sanctions imposed against Iran and Russia.

Client Alert | July 28, 2017

Update on 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.

Client Alert | June 29, 2017

A Blockbuster Week in U.S. Sanctions

In the aftermath of the 2016 U.S. presidential election, many of you asked us how U.S. sanctions would change under the Trump Administration.  Pointing to President Trump's extensive criticism of former President Barack Obama's foreign policy, we predicted significant developments with the Iran and Cuba sanctions programs, and noted that Congress might make its own attempts to force the President's hand with respect to sanctions on the Russian Federation.  These predictions have borne out.  In the space of one week, the U.S.

Client Alert | June 19, 2017

Economic Sanctions Developments in the Early Trump Administration

As we pass the four-month mark of the Trump Administration, uncertainty remains regarding how the new administration will implement its international trade agenda.  In light of President Trump's strong campaign criticisms of President Obama's trade policies, we continue to vigilantly monitor all developments surrounding the new administration's economic sanctions policies.  Despite strong rhetoric to the contrary, early developments within the U.S.

Client Alert | June 12, 2017

Competing Interests Weigh Against Broad Import Controls on Steel Imports After Section 232 Public Hearing

On May 24, 2017, representatives of steel companies, manufactures, trade associations, several sovereign countries, and the U.S.

Client Alert | June 9, 2017

Iran Sanctions Update – Status Quo So Far, Uncertainty Remains

U.S. presidential candidate Donald J. Trump's oft-repeated criticism of President Obama's Iran diplomacy and the resulting nuclear deal, the Joint Comprehensive Plan of Action ("JCPOA"), led many observers to conclude that President Trump would move quickly to dismantle the agreement and the significant sanctions relief that came with it.

Client Alert | May 23, 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.

Client Alert | March 16, 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.

Client Alert | March 7, 2017

Recent Developments in Counterfeiting

​Washington, D.C. partner Howard Hogan is the author of "Recent Developments in Counterfeiting," published by The Luxury Law Alliance on February 24, 2017.

Article | February 24, 2017

Over Reliance on Sanctions Will Not Help Anyone’s Cause

​Washington, D.C. partner Adam Smith is the author of "Over Reliance on Sanctions Will Not Help Anyone's Cause," [PDF] published by Gulf News on February 21, 2017.

Article | February 21, 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.

Client Alert | February 10, 2017

Webcast: Tectonic Shifts in the Landscape of Economic Sanctions: Will the Pace of Change in 2016 Continue?

​This briefing highlights recent developments and emerging issues with respect to economic and trade sanctions. Topics discussed include: A Detailed Look at the Iran Nuclear Deal:

Webcasts | February 8, 2017

2016 Year-End Sanctions Update

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.

Client Alert | February 6, 2017

New Sanctions Against Iran

Less than 48 hours after President Donald J.

Client Alert | February 3, 2017

Recent Developments Regarding Executive Order on Immigration

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

President Trump Issues Executive Order on Immigration

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

2016 Year-End United Kingdom White Collar Crime Update

The year 2016 has been another of continuing developments in the UK's white collar sector. These have ranged from the Competition and Markets Authority's largest ever fine, to the UK's second deferred prosecution agreement, to the continuing enforcement efforts of the Serious Fraud Office ("SFO"), National Crime Agency ("NCA") and the Financial Conduct Authority ("FCA"), as well as of a myriad range of other enforcement bodies.

Client Alert | January 11, 2017

President Obama Announces New Russian Sanctions in Response to Election-Related Hacking

On December 29, 2016, in response to Russia's alleged efforts to influence the 2016 U.S. Presidential election through cyber operations, President Obama issued an Executive Order "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities." Through this Executive Order ("E.O."), the Obama administration imposed sanctions on Russia's two leading intelligence services – the GRU and the FSB – as well as four top officers of the GRU and three companies that provided materials support to GRU's cyber operations.

Client Alert | December 30, 2016

Trade Under Trump: How the New Administration Will Impact U.S. Economic Sanctions and Export Controls

Just over a week has passed since the results of the 2016 U.S. Presidential Election were announced.  As President-elect Donald J.

Client Alert | November 18, 2016

Cuba Sanctions Update – OFAC and BIS Announce Further Amendments to Cuba Sanctions Regulations

On October 14, 2016, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury and the Bureau of Industry and Security ("BIS") of the U.S.

Client Alert | November 4, 2016

Legal Implications of Expanded Use of Blockchain Technology

​Washington, D.C. partner Judith Lee and counsel Jeffrey Steiner are the authors of "Legal Implications of Expanded Use of Blockchain Technology" [PDF] published in the November 2016 issue of Financier Worldwide.

Article | November 1, 2016

DOJ’s New Guidance Urges Exporters to Self-Disclose Potential Export and Sanctions Violations

On October 2, 2016, the DOJ's National Security Division issued a memorandum entitled "Guidance Regarding Voluntary Self-Disclosures, Cooperation, and Remediation in Export Control and Sanctions Investigations Involving Business Organizations" (the "Guidance").  The Guidance specifies the DOJ's expectations for self-disclosure, cooperation, and remediation for companies seeking maximum mitigation credit in prosecutions for violations of the export-control and sanctions laws under the Arms Export Control Act ("AECA") and the International Emergency Economic Powers Act ("IEEPA").  As a way of background, the AECA is administered by the U.S.

Client Alert | October 28, 2016

Iran Sanctions Update – OFAC Issues Guidance Relating to Compliance and the Scope of Due Diligence for Non-U.S. Persons Engaging in Iran Transactions

On October 7, 2016, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury issued additional guidance for non-U.S. persons engaging in transactions with Iranian counterparties pursuant to sanctions relief granted on "Implementation Day," January 16, 2016, under the Joint Comprehensive Plan of Action ("JCPOA"), the Iran nuclear deal finalized in July 2015.

Client Alert | October 24, 2016

United States Lifts Burma (Myanmar) Sanctions in Response to Ongoing Democratic Reforms

On October 7, 2016, the Obama Administration announced the lifting of almost all remaining sanctions against Myanmar.  The unwinding of sanctions comes on the heels of Aung San Suu Kyi's visit to the White House on September 14, 2016.  This comprehensive unwinding of sanctions concludes a gradual relief process that first began in 2012.  Most recently, on May 17, 2016, the Administration announced further easing of sanctions on Myanmar in response to Myanmar's historic November 2015 elections in which the National League for Democracy (NLD) – the long-time opposition party led by Aung San Suu Kyi – won an overwhelming majority of seats in the national legislature.

Client Alert | October 10, 2016

2016 Mid-Year United Kingdom White Collar Crime Update

This alert follows on from our inaugural 2015 Year End UK White Collar Crime Update. The continuing pace of development, enforcement and change has encouraged us to produce this update on a bi-annual basis.

Client Alert | September 22, 2016

FinCEN Expands Temporary Reporting Requirements on Title Insurance Companies for All Cash Luxury Real Estate Transactions to Six Major U.S. Areas

On July 27, 2016, the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) announced an expansion of the Geographic Targeting Orders (GTOs) targeting alleged money laundering risk in the real estate sector.

Client Alert | August 1, 2016

Key Issues for US Firms to Know about UK Decision to Brexit

​London partner A. Stephen Gillespie is the author of "Key Issues for US Firms to Know about UK Decision to Brexit" [PDF] published on July 6, 2016 by Daily Journal.

Article | July 6, 2016

One Small Step or One Giant Leap? FAA Releases Final Rules on Commercial Drone Use in the United States

After more than a year of considering public comments on its February 23, 2015 proposed rules regulating the commercial use of small (weighing less than 55 pounds) unmanned aircraft systems ("UAS" or "drones"), the United States Federal Aviation Administration ("FAA") on June 22, 2016 issued its final rule, bringing the use of drones one step closer to mainstream commercial integration.While the personal and commercial use of drones has mushroomed in recent years, a practical regulatory framework has lagged behind the technological innovation and economic demand driving the boom.  Proponents of the commercial use of drones have argued that this regulatory lag was stifling the growth of a market that is estimated to generate over $80 billion in t

Client Alert | June 27, 2016

OFAC Issues Additional Guidance on the Scope of Iran Sanctions Easement under JCPOA – Emphasizing the Limited Nature of the Present Relief

On June 8, 2016, the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury further clarified the scope of sanctions relief granted on "Implementation Day" (January 16, 2016) under the Joint Comprehensive Plan of Action ("JCPOA"), the landmark Iran nuclear deal that was finalized in July 2015.  Through publication of several new Frequently Asked Questions ("FAQs"), OFAC offered additional guidance on the application of General License H ("GL H"), which authorizes foreign entities owned or controlled by U.S.

Client Alert | June 16, 2016

Indonesia Update: New Negative Investment List

What is the Negative Investment List? The "Negative Investment List" or "DNI" is a regulation issued under Indonesian law which sets out a list of industry sectors in Indonesia for which foreign investment is either prohibited, permitted or conditionally permitted.

Client Alert | June 6, 2016

Covered Investment

​London partners Cyrus Benson, Penny Madden and associate Ceyda Knoebel are the authors of chapter 1 of The Investment Treaty Arbitration Review, "Covered Investment" [PDF] published in 2016 by Law Business Research.

Article | June 1, 2016

The Directorate of Defense Trade Controls Changes Policy on Exports of Munitions to Vietnam Based on President Obama’s Announcement of Full Lifting of the Vietnam Arms Embargo

On May 23, 2016, President Obama announced a full lifting of the ban on weapons sales to Vietnam during his official visit to the country. Following the President's announcement, the United States Department of State, Directorate of Defense Trade Controls ("DDTC") stated that, effective immediately, and pursuant to a decision made by the Secretary of State, the Department of State's policy prohibiting the sale or transfer of lethal weapons to Vietnam has been terminated.

Client Alert | May 26, 2016

United States Eases Myanmar (Burma) Sanctions in the Wake of Historic Democratic Reform

On May 17, 2016, the Obama Administration announced a continuation of its easing of sanctions on Myanmar. Since the first round of relief was issued in 2013, the United States has consistently held that more relief was possible if Myanmar continued on its path towards democratization.

Client Alert | May 20, 2016

United States Issues Regulations Authorizing Secondary Sanctions Against Non-U.S. Financial Institutions That Support Hizballah

Under U.S. sanctions regulations, U.S. persons have been prohibited from dealing with a number of individuals and entities with connections to the Hizballah organization, by way of designation to the Specially Designated Nationals ("SDN") and Blocked Persons List maintained by the U.S.

Client Alert | April 19, 2016

Webcast: Global Sanctions Update

​This 90 minute briefing provides an update on the extraordinary events of the last year with respect to economic and trade sanctions. The briefing will cover sanctions in the European Union and United Kingdom as well as United States sanctions, and will include particular emphasis on recent developments and emerging issues that affect in-house counsel, compliance personnel, directors and senior executives.

Webcasts | March 24, 2016

United States Restricts Visa Waiver Travel

On January 21, 2016, the U.S. Departments of State and Homeland Security implemented significant changes to the Visa Waiver Program ("VWP") that can severely impede the ability of executives and employees of foreign companies to visit the United States.

Client Alert | February 4, 2016

2015 Year-End Sanctions Update

THE UNITED STATESI.    Major Program Developments            A.    Iran                         1.    Joint Comprehensive Plan of Action (JCPOA)                                    a.    Negotiation and Signing of JCPOA--July 14, 2015On July 14, 2015, the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) signed the Joint Com

Client Alert | February 2, 2016

Webcast – Challenges in Compliance and Corporate Governance – 2016

​The rise of international enforcement efforts and sanctions, the intensifying impact of cyber breaches, the evolution of shareholder activism, and the growing complexity of regulatory requirements are all examples of the expansive array of challenges facing today's compliance professionals.

Webcasts | January 20, 2016

“Implementation Day” Arrives: Substantial Easing of Iran Sanctions alongside Continued Limitations and Risks

On January 16, 2016, the comprehensive international sanctions restricting dealings with Iran and Iranian entities were substantially eased.  Financial institutions and businesses hoping to access the Iranian market have new, immediate and substantial opportunities to do so; but this potential comes with continued complexities, ambiguities, and risks, particularly for U.S.

Client Alert | January 18, 2016

2015 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

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.  The Department of Justice ("DOJ") Tax Division's Program for NPAs or "Non-Target Letters" for Swiss Banks (the "DOJ Tax Swiss Bank Program") is primarily responsible for this dramatic increase.  While DOJ and Securities and Exchange Commission ("SEC") officials continue to emphasize the heightened cooperation required for corporations to secure an NPA or DPA, these agreements remain critical tools for r

Client Alert | January 5, 2016

2015 Year-End FCPA Update

​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

OFAC Issues General License Further Relaxing Burmese Sanctions

​Following the recent historic election in Myanmar in which Daw Aung San Suu Kyi and her National League for Democracy won a landslide victory, the political landscape in the country continues to evolve at a fast pace.

Client Alert | December 10, 2015

Personal Liability for Senior Compliance Officers Under New York’s Proposed Anti-Money Laundering and Anti-Terrorism Regulation

(Updated January 5, 2016)On December 1, 2015, New York Governor Andrew M.

Client Alert | December 7, 2015

Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement

UK SFO enters into its first DPA and unveils its first enforcement of the corporate offence of failure to prevent bribery In a judgment of November 30, 2015 in Serious Fraud Office v Standard Bank Plc: Deferred Prosecution Agreement (Case No: U20150854), the Crown Court has approved the United Kingdom's first deferred prosecution agreement (the "Standard Bank DPA") under the regime for DPAs brought into effect in the UK by section 45 and Schedule 17 of the Crime and Courts Act 2013.

Client Alert | December 3, 2015

Webcast: Blockchain Technology

​This webcast covers the basics of blockchain technology, including the evolution of its uses from digital currencies, such as bitcoin, to other areas.

Webcasts | November 17, 2015

The 2015 Myanmar Elections: Impact on Myanmar Sanctions

Myanmar went to the polls on November 8, 2015 (the "2015 Elections") to elect members of the upper and lower houses of the national legislature and 14 state and regional legislatures.  The 2015 Elections witnessed participation by the National League for Democracy (the "NLD") (headed by Aung San Suu Kyi), which had boycotted the 2010 general elections.  Based on the preliminary results released through November 15, 2015, the NLD has secured an overwhelming majority of the seats of the national legislature (referred to as the Pyidaungsu Hluttaw).  The members of the newly elected national legislature will elect the next President of Myanmar to lead the new Myanmar Government from April 1, 2016.  Given the majority secured by the NLD, the next Pre

Client Alert | November 17, 2015

Webcast: The New Era of Fluid Global Sanctions

​This 90 minute briefing provides an overview and assessment of recent substantial changes in key sanctions regimes and the upcoming divergence of US, EU and UN economic sanctions as Iran sanctions relief is implemented, the EU debates the renewal of sanctions against Russia and the US contemplates unilateral sanctions against cyber criminals and others.

Webcasts | October 21, 2015

“Adoption Day” Marks Next Step for Iran Nuclear Deal

​October 18, 2015 marked Adoption Day, the latest milestone in the implementation of the Joint Comprehensive Plan of Action ("JCPOA") between the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) and the Islamic Republic of Iran to ease sanctions on Iran in exchange for limitations on its nuclear program.

Client Alert | October 19, 2015

The Next Frontier in Sanctions Enforcement

​Washington D.C. of counsel Adam Smith is the author of "The Next Frontier in Sanctions Enforcement" [PDF] published in the October - December issue of  Risk & Compliance Magazine

Article | October 1, 2015

Bilateral and Multilateral Investments Treaties: What All Dealmakers Need to Know

​If you are contemplating entering into investments in foreign markets, early consideration of protections available under bilateral investment treaties (BITs) and multilateral investment treaties (MITs) is crucial.  I.     When should you be considering BITs and MITs?BITs and MITs protection should be considered where your investment involves a heavily regulated industry or agreements directly with a foreign state (or state-owned entity)."Investment" for these purposes, potentially covers a broad range of interests and transactions from mergers and acquisitions, joint ventures, purchases of securities or assets, project financing, concession contracts, greenfield asset development, manufacturing plant construction and, in some cases, can also exte

Client Alert | September 25, 2015

Iran Nuclear Deal Poised to Clear Political Hurdle in the United States

Today, the agreement between the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) with the Islamic Republic of Iran to ease sanctions on the country in exchange for limitations on its nuclear program, the Joint Comprehensive Plan of Action ("JCPOA"), took a major political step closer to being realized and implemented in the United States.

Client Alert | September 2, 2015

2015 Mid-Year FCPA Update: Part 2

​Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 2)" published on August 31, 2015 by Westlaw Journal's Government Contract.  The article is the second installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015

Article | August 31, 2015

2015 Mid-Year FCPA Update: Part 1

​Washington, D.C. partners F. Joseph Warin, John W.F. Chesley and associate Stephanie Connor are authors of "2015 Mid-Year FCPA Update (Part 1)" published on August 17, 2015 by Westlaw Journal's Government Contract.  The article is the first installment of a two-part series providing an overview of the FCPA as well as domestic anti-corruption enforcement, litigation, and policy developments in the first half of 2015.

Article | August 17, 2015

Landmark Nuclear Agreement with Iran Reached

On July 14, 2015, the E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom, and the United States) signed a landmark agreement with the Islamic Republic of Iran to ease sanctions on the country in exchange for limitations on its nuclear program.  This agreement was the result of intense negotiations beginning in November 2013.  The Joint Comprehensive Plan of Action ("JCPOA" or "the Agreement") removes many of the nuclear-related economic sanctions imposed by the United States and the European Union in the past decade.  As Iran complies with various provisions of the agreement--including caps on its uranium enrichment capabilities and inspections of its key nuclear facilities to ensure that no prohibited activity is occurring--the E

Client Alert | July 14, 2015

2015 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

2015 came in like a lion, bringing with it remarkable policy changes regarding corporate non-prosecution agreements ("NPA") and deferred prosecution agreements ("DPA").  The Department of Justice's ("DOJ") leadership has articulated new bright-line approaches to post-resolution conduct, including the unprecedented step of revoking an NPA.  The judiciary has edged further toward a more interventionist role in DPA oversight.  Finally, as we previously predicted, the first of dozens of anticipated NPA resolutions have emerged from the DOJ Tax Division's August 2013 "Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks" (the "DOJ Tax Swiss Bank Program").This client alert, the fourteenth in our series of b

Client Alert | July 8, 2015

2015 Mid-Year FCPA Update

For years, U.S. regulators have been encouraging their foreign counterparts to pick up the mantle of international bribery enforcement and more evenly distribute the balance of prosecutions.  With 2015 potentially shaping up to be a year in which transnational bribery prosecutions by foreign authorities match if not exceed U.S.-initiated actions under the Foreign Corrupt Practices Act ("FCPA"), it appears that their calls have been heeded.  But the shifting balance between domestic and foreign regulators does not portend a lull for U.S.

Client Alert | July 6, 2015

A Dealmaker’s Guide to National Security Implications of Foreign Investment in U.S. Government Contractors

Washington, D.C. partners Joseph West and Judith Lee, New York partner Jose Fernandez, and Washington, D.C. staff attorney Andrea F. Farr are the authors of "A Dealmaker's Guide to National Security Implications of Foreign Investment in U.S.

Article | June 30, 2015

Deadline Extended for All New Filers of the Commerce Department’s 2014 Benchmark Survey of U.S. Direct Investment Abroad (BE-10)

As we reported earlier this month, the Department of Commerce, Bureau of Economic Analysis ("BEA") published a final rule in December 2014 that required certain U.S.

Client Alert | May 29, 2015

Virtual Currency Regulation and Enforcement: Granting of First NY Charter and FinCEN Fine Demonstrate Continued Evolution for Virtual Currency Sector

The last several months have demonstrated the continued growth, volatility and regulation of the virtual currency industry. A number of Wall Street institutions and established technology companies have made sizeable investments in virtual currencies and the underlying blockchain technology, and investors aren't the only ones who continue to be interested in the development of virtual currencies.

Client Alert | May 27, 2015

Guidelines for Reporting Under Commerce Department’s Benchmark Survey of U.S. Direct Investment Abroad (BE-10)

On November 20, 2014, the U.S. Department of Commerce, Bureau of Economic Analysis ("BEA") published a final rule amending the Code of Federal Regulations, 15 C.F.R.

Client Alert | May 8, 2015

US Government Implements Historic Changes to Cuba Sanctions Regime

Washington, D.C. partner and Co-Chair of the firm’s International Trade Practice Group, Judith A. Lee and Washington, D.C. associate Annie Yan are authors of, “US Government Implements Historic Changes to Cuba Sanctions Regime” [PDF] published in Risk & Compliance Magazine's April-June 2015 issue.

Article | April 30, 2015

Cybersecurity Sanctions: A Powerful New Tool

 Gibson Dunn partners Judith Alison Lee, Alexander H. Southwell and Jose W. Fernandez and associates Stephenie Gosnell Handler and Eric B. Lorber are authors of the following article published by Law360.  The team addresses an executive order recently signed by President Obama, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities," and the broad mandate it provides for the U.S.

Article | April 2, 2015

Blockchain Technology and Legal Implications of ‘Crypto 2.0’

Washington, D.C. partner Judith Lee, New York partner Arthur S. Long,  Washington D.C. counsel Jeffrey L. Steiner, associate Stephenie Gosnell Handler and Palo Alto associate Zachary Wood are the authors of "Blockchain Technology and Legal Implications of ‘Crypto 2.0’" [PDF] published in the March 31, 2015 issue of BNA’s Banking Report.

Article | March 31, 2015

Webcast: Global Sanctions Update

This 90 minute briefing provides an update on the extraordinary events of the last year with respect to economic and trade sanctions. The briefing will cover sanctions in the European Union and United Kingdom as well as United States sanctions, and will include particular emphasis on recent developments and emerging issues that affect in-house counsel, compliance personnel, directors and senior executives.

Webcasts | March 17, 2015

Webcast: Virtual Currencies

Virtual currencies such as Bitcoin have experienced rapid evolution in recent months. Notwithstanding considerable challenges such as price volatility and association with illicit activities, interest in virtual currencies and their underlying technology has been steadily increasing.

Webcasts | March 10, 2015

Venezuela’s Currency Regulations May Violate Investment Treaty Protections

Earlier this month, Venezuela announced a new free-floating exchange rate mechanism, which had the effect of massively devaluing Venezuela's bolivar currency.

Client Alert | February 25, 2015

U.S. Department of State Releases List of Cuban Goods and Services Now Eligible for Importation

As previously reported in our January 20, 2015 Client Alert, "U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S.

Client Alert | February 25, 2015

United States Drone Policy Stretches Its Wings

It has been a busy week for U.S. regulators and policymakers as they continue to wrestle with how to effectively manage the myriad issues related to the growing and evolving use of unmanned aerial systems ("UAS"), or "drones," both domestically and abroad.  Beginning February 15, 2015, the Obama Administration announced a series of new rules and policies affecting the commercial use of drones domestically, as well as the ability of U.S.

Client Alert | February 23, 2015

Havana Calling: Easing the Embargo Will Open the Cuban Telecom Sector

Gibson Dunn partner Jose W. Fernandez and associate Eric B.

Client Alert | February 19, 2015

BitLicense 2.0: New York Moves Closer to Comprehensive Virtual Currency Regulation

On February 4, 2015, the New York Department of Financial Services released revisions to its groundbreaking virtual currency regulatory framework commonly referred to as the "BitLicense."  

Client Alert | February 11, 2015

Webcast: Foreign Investments in Emerging Markets

A handful of developing economies have been, and will continue to be, a key driver of global growth. In the coming years, emerging markets are expected to grow two to three times faster than developed nations.

Webcasts | February 11, 2015

Bitcoin Basics: a Primer on Virtual Currencies

Washington, D.C. partner Judith Lee, New York partner Arthur S. Long, Los Angeles partner Marcellus McRae, Washington D.C. counsel Jeffrey L. Steiner and associate Stephenie Gosnell Handler are the authors of "Bitcoin Basics: a Primer on Virtual Currencies" [PDF] published in the January issue of the Business Law International.

Article | January 30, 2015

2014 Overview of Myanmar Sanctions

In light of the increased interest that Myanmar is currently generating among international investors, we have prepared this brief overview of applicable international sanctions measures, with a focus on the United States.  As further discussed below, the U.S.

Client Alert | January 26, 2015

China Plans Major Overhaul of Its Foreign Investment Regulatory Regime

On January 19, 2015, the PRC Ministry of Commerce ("MOFCOM") published the draft Foreign Investment Law (the "Draft Law") for public comments, which is intended to replace the existing foreign investment related laws and regulations (the "Existing Laws") and introduce a more market-based regulatory regime for foreign investments into China.Current RegimeChina currently has three major pieces of legislation governing foreign investments:  the Sino-Foreign Joint Venture Law passed in 1979 (the "Equity JV Law"), the Foreign Enterprise Law passed in 1986 (the "WFOE Law") and the Sino-Foreign Co-operative Joint Venture Law passed in 1988 (the "Co-operative JV Law").  A particular form of entity is allowed to be set up in Chin

Client Alert | January 23, 2015

U.S. Department of the Treasury and Department of Commerce Issue Rules Implementing Changes in U.S. Policy on Cuba

On January 15, 2015, the United States Department of the Treasury (Treasury Department) and the United States Department of Commerce (Commerce Department) released regulatory amendments implementing historic changes to the Cuba sanctions regime announced by President Obama on December 17, 2014.  The amendments incorporate the diplomatic and economic changes to U.S.

Client Alert | January 20, 2015

2014 Year-End Sanctions Update

2014 was marked by numerous noteworthy developments. The crisis in Ukraine and the international community's efforts to respond have figured prominently in, if not dominated, sanctions discourse.

Client Alert | January 15, 2015

2014 Year-End Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

The U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") continue to deploy DPAs and NPAs aggressively.  This past year left no doubt that such resolutions are a vital part of the federal corporate law enforcement arsenal, affording the U.S.

Client Alert | January 6, 2015

Developments in Virtual Currency: Regulation and Enforcement Actions Gain Momentum

The pace of regulation and enforcement actions relating to virtual currencies has continued to pick up during the fall of 2014.

Client Alert | January 5, 2015

2014 Year-End FCPA Update

In this alert, Gibson Dunn lawyers describe five trends in FCPA enforcement they observed between 2005 and 2015.

Client Alert | January 5, 2015

President Obama Signs the Ukraine Freedom Support Act into Law, Authorizing New Sanctions on Russian Entities and Foreign Companies Conducting Business in Russia

On December 18, 2014, President Barack Obama signed the Ukraine Freedom Support Act of 2014 ("Ukraine Freedom Support Act"), which provides him with the authority to impose additional economic sanctions on foreign persons conducting particular transactions in certain Russian economic sectors, notably the energy and defense sectors.  The law, which originated as S.2828 in the United States Senate and H.R. 5859 in the House of Representatives and passed both with unanimous consent, further increases the economic pressure on Russia followings its annexation of Crimea in March 2014 and its continued support of separatist activities in eastern Ukraine.  The law provides the President with new powers, though generally does not require that he impose new sanctions.

Client Alert | December 22, 2014

U.S. Government Takes First Step Toward Normalizing Relations with Cuba; Restores Diplomatic Ties and Eases Trade Sanctions

On December 17, 2014, President Obama announced "the most significant changes to [U.S.] Cuba policy in more than 50 years."  According to information released by the White House, the United States and Cuba will move to normalize diplomatic and economic relations and the United States will implement significant changes to its sanctions policies and regulations with respect to Cuba.  On a broad diplomatic level, the U.S.

Client Alert | December 18, 2014

The First Annual Conflict Minerals Filings: Observations and Next Steps

As companies prepare for the second year of filings under the Securities and Exchange Commission's ("SEC") new conflict minerals rule, many companies are looking for guidance from the first annual filings, which were due June 2, 2014.  As expected, the inaugural Form SD and conflict minerals report filings reflect diverse approaches to the new compliance and disclosure requirements.  We offer below some observations based on the first round of conflict minerals filings for companies to consider as they address their compliance programs and disclosures for the 2014 calendar year.  It is important to note, however, that the shape of future compliance and reporting obligations will be impacted by the outcome of the pending litigation challenging the conflict mine

Client Alert | December 5, 2014

Recent Japanese Government Sanctions on Russia

Following the response of the United States and European Union to the Russian Federation's annexation of Crimea in March 2014, as well as its continued support of separatists in eastern Ukraine, Japan recently imposed economic sanctions on Russia.  In August 2014, the Ministry of Foreign Affairs, the Ministry of Finance, and the Ministry of Economy, Trade and Industry implemented economic sanctions pursuant to the 外国為替及び外国貿易法 [Foreign Exchange and Trade Act], Law No.

Client Alert | November 3, 2014

Protecting Your Investments in Emerging Markets

The wealth of opportunities in emerging markets attracts a significant amount of foreign investment.  Making investments in parts of Africa, Latin America, Asia and the former Soviet Union can pay off handsomely if successful.  However, those same investments are often exposed to significant political risk.There are ways for investors in emerging markets to limit their exposure to such risk, and counsel can help to identify some of the more compelling options in this regard.  Political risk insurance is one well-known option.  Another option is to structure (or restructure) an investment, whether in a greenfield project or through an acquisition, to take advantage of the protections offered by a favorable investment treaty.  It is the latter option that is the subj

Client Alert | October 6, 2014

U.S. Treasury Department Imposes Additional Sanctions on Russian Entities in Financial Services and Energy Sectors in Response to the Evolving Ukraine Crisis; Expands List of Blocked Persons

Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued three Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.

Client Alert | September 22, 2014

The New Standard in Bitcoin Regulation?  New York’s Proposed BitLicense Would Create a Highly Regulated Virtual Currency Industry

On July 21, 2014, the New York Department of Financial Services ("NYDFS") released a groundbreaking virtual currency regulatory framework, becoming the first state to issue comprehensive rules tailored to virtual currency businesses.  The proposed framework, which has become commonly known as the "BitLicense," was the long-anticipated product of nearly a year of public hearings and other inquiries.  Initially slated for a 45-day public comment period, the comment period was recently extended to October 21, 2014.  This client alert provides detailed information on the scope of the proposed regulation, and discusses potential implications for the virtual currency industry.What are Virtual Currencies?Virtual currencies are digital representations of val

Client Alert | September 10, 2014

International Shipments Deemed “Received” by Debtor When Delivered to Common Carrier “FOB Port of Origin” – Rather Than Physically Received – for Purposes of Granting an Administrative Expense Claim Under Section 503(B)(9) of the Bankruptcy Code

Gibson Dunn provides analysis of a 2014 bankruptcy court decision in the case In re World Imports, Ltd., and its implications for U.S. companies.

Client Alert | August 18, 2014

USD 100 Million to Stay on the Racing Track — Munich Court Shows That German Anti-Corruption Laws Have Teeth

This week's landmark decision taken by the Munich regional court (Landgericht München I) in the bribery trial against Bernie Ecclestone not only marked the end of a three-year-long investigation but also delivered a new USD 100 million record settlement in an individual criminal proceeding.

Client Alert | August 7, 2014

Bear Baiting – EU Sectoral Sanctions Against Russia

The European Union (the "EU") has over the course of the last two days adopted wide-ranging sectoral sanctions against the Russian Federation, which will apply throughout the EU's 28 member states.

Client Alert | August 6, 2014

Webcast – 2014 Mid-Year Sanctions Update

​This 90 minute briefing provides an update on the extraordinary events of the first half of 2014 with respect to economic and trade sanctions. The content of this year’s briefing includes United States sanctions administered by the Office of Foreign Assets Control (“OFAC”), as well as European Union and United Kingdom sanctions.

Webcasts | July 30, 2014

U.S. Treasury Department Sanctions Russian Entities in Financial Services and Energy Sectors in Response to Evolving Ukraine Crisis; Expands List of Blocked Persons

Subsequent to the Russian Federation's annexation of Crimea in March 2014, President Obama issued a series of Executive Orders ("E.O.s") authorizing the Office of Foreign Assets Control ("OFAC") at the U.S.

Client Alert | July 21, 2014

An Expert’s View: Mid-Year Trends in Large Cap and Middle Market Loan Terms

New York partner Janet Vance is the author of "An Expert’s View: Mid-Year Trends in Large Cap and Middle Market Loan Terms" [PDF] that “examines issues around OFAC and anti-money laundering representations and describes factors that may affect middle market deal activity.” The article was published in the July/August 2014 issue of Thomson Reuters's Practical Law The Journal.This material from Practical Law The Journal has been reproduced with the permissions of the publisher, Thomson Reuters.

Client Alert | July 17, 2014

Lessons from the Trenches

The following article written by Gibson Dunn partner Jose W.

Client Alert | July 15, 2014

2014 Mid-Year Update on Corporate Non-Prosecution Agreements (NPAs) and Deferred Prosecution Agreements (DPAs)

As the debate continues over whether and how to punish companies for unlawful conduct, U.S.

Client Alert | July 8, 2014

2014 Mid-Year FCPA Update

Aggressive cross-border anti-corruption enforcement continued during the first half of 2014, as U.S. and foreign prosecutors pursued companies, individuals, and public officials across the globe for all manner of corruption-related offences.

Client Alert | July 7, 2014

Penalty Box – How Sanctions Trap Policymakers

Gibson Dunn associate Eric Lorber and Peter D.

Client Alert | June 6, 2014

China Adopts Fundamental Changes in Foreign Exchange Control

After a public consultation period of three months, the PRC State Administration of Foreign Exchange ("SAFE"), China's foreign exchange control authority, issued the Foreign Exchange Administration Rules on Cross-border Guarantees (the "New Rules") on May 19, 2014.

Client Alert | May 20, 2014

Speaking a Common Language with Latin America: Economics

The following article written by Gibson Dunn partner Jose W. Fernandez appears in the Spring 2014 issue of Americas Quarterly, the journal of the Council of the Americas.  It argues that improving U.S.-Latin American relations means deepening already strong economic and historical ties rather than pursuing dramatic new initiatives.  Mr. Fernandez joined the firm's New York office in 2013 after serving for nearly four years at the State Department, where he was appointed Assistant Secretary of State for Economic, Energy and Business Affairs in 2009.

Client Alert | May 1, 2014