For multinational companies, navigating the attorney-client privilege and work product protections in the cross-border context can be tricky. This webcast will attempt to bring clarity to how courts and arbitral tribunals address issues of attorney-client privilege and work product in the transnational context.
Webcasts | May 16, 2017
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
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.
Client Alert | March 9, 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
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
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.
Client Alert | February 9, 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
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
Earlier this year, Gibson Dunn published the latest installment of its annual Transnational Litigation Update. See 2015 Year-End Transnational Litigation Update (February 17, 2016, accessible here). This Mid-Year Update expands on certain key issues addressed by the 2015 Update, including recent case law related to general jurisdiction, the application of United States statutes to extraterritorial conduct, and cross-border discovery. This Update also details Chevron's decisive victory in the U.S.
Client Alert | 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
On August 8, 2016, a unanimous panel of the United States Court of Appeals for the Second Circuit affirmed the judgment in favor of Chevron Corporation in Chevron Corp. v.
Client Alert | August 9, 2016
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
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
Los Angeles partner Perlette Michèle Jura, New York partner Anne Champion, and Washington, D.C. associate Richard Dudley are the authors of "Del. High Court Sets Example For Revisiting Daimler" [PDF] published on June 6, 2016 by Law360.
Article | June 6, 2016
This webcast explores how courts have interpreted the scope of the Alien Tort Statute following the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., 133 S.
Webcasts | May 24, 2016
Washington, D.C. partner Howard Hogan, New York partner Robert Weigel and associate Anne Coyle are the authors of "Follow the Money" [PDF] published in the April/May 2016 issue of World Trademark Review.
Article | April 29, 2016
The DIFC Court of Appeal has unanimously held in DNB Bank ASA v Gulf Eyadah (CA-007-2015) that it is "not wrong" to use the DIFC Courts as a conduit jurisdiction. The decision, which overturns the holding at first instance, makes clear that parties with or without assets in the DIFC can (a) enforce a foreign judgment in the DIFC Courts and (b) take the resulting DIFC Court judgment to the Dubai Courts for execution pursuant to the enforcement provisions of the Judicial Authority Law. Absent resistance from the Dubai courts, the decision in DNB has opened a far easier route to enforcing foreign money judgments in onshore Dubai.
Client Alert | March 14, 2016
Our 2015 Year-End Transnational Litigation Update addresses key legal developments of interest to United States practitioners working domestically and across the globe. 2015 featured a continuation of the trends we saw emerging in 2014 and discussed in last year's Year-End Update, as well as important new developments. For ease of reference, we have included hyperlinks to each Part of the Review in this Executive Summary.
Client Alert | February 17, 2016
Los Angeles partners Perlette Michèle Jura, William E. Thomson, associate Abbey Hudson and Washington, D.C. associate Christopher B. Leach are the authors of "Courts Make Doing Good Abroad Bad For Business At Home" [PDF] published on January 14, 2016 by Law360.
Article | January 14, 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
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
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
Hong Kong recently commenced the final countdown towards implementing its new competition regime, many elements of which are inspired by competition rules in Western jurisdictions. On July 17, it issued a "Commencement Notice" for the introduction of a Competition Ordinance (the "Ordinance") which is scheduled to come into force in six weeks' time, on December 14, 2015.
Client Alert | November 3, 2015
Obtaining an arbitral award or judgment against a foreign entity is only half the battle, as both state and privately owned companies often attempt to shield their overseas assets from creditors.
Webcasts | October 14, 2015
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
Los Angeles partner William E. Thomson and associate Dylan Mefford are the authors of "9th Circ. Cracks Door Ajar To Imputed Jurisdiction" [PDF] published on September 21,2015 by Law360.
Article | September 21, 2015
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
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
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
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
On June 24, 2015, in a highly anticipated move, the State of Delaware enacted legislation that (1) allows corporations to require that internal corporate claims be brought in the courts of Delaware while also prohibiting the use of any other jurisdiction as the exclusive jurisdiction and (2) prohibits stock corporations from including fee-shifting provisions for internal corporate claims in their certificates of incorporation or bylaws.
Client Alert | June 26, 2015
2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.
Client Alert | February 27, 2015
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
Los Angeles partners William Thomson, Perlette Michèle Jura, associate Dana Lynn Craig and Denver associate Allison K. Kostecka are authors of "Enforcing Arbitration Awards in California" [PDF] that was published on February 20, 2015 by PracticalLaw.com.
Article | February 20, 2015
With increasing frequency, companies are being hauled into foreign courts and international arbitral tribunals to litigate significant and high-stakes cases.
Webcasts | January 28, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
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
IntroductionFollowing the adoption of the Sarbanes-Oxley Act on July 30, 2002, companies publicly listed on US stock markets have to implement -- including in their foreign subsidiaries -- internal control mechanisms, such as whistleblowing procedures, in order to prevent malpractice, mismanagement or misconduct.French law has imposed strict conditions on the implementation of such whistleblowing procedures in France.
Client Alert | December 3, 2014
London partners Charles Falconer and Patrick Doris and associates Sunita Patel, Meghan Higgins and Jennifer Darcy are the authors of the United Kingdom chapter of "Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide" [PDF].Reproduced with permission from Law Business Research Ltd.
Client Alert | November 21, 2014
Century City partner Scott Edelman, Los Angeles partner Perlette Michèle Jura and associates Nathaniel Bach and Miguel Loza, Jr. are the authors of the US Chapter of "Enforcement of Foreign Judgments in 29 Jurisdictions Worldwide" [PDF].Reproduced with permission from Law Business Research Ltd.
Client Alert | November 21, 2014
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
Partners Theodore J. Boutrous Jr. and Kahn A. Scolnick and Associate Tiaunia N. Bedell are authors of "Media Relations in High-Profile Litigation: Chevron Corp.
Client Alert | September 30, 2014
Los Angeles partner William Thomson and associate Armen Adzhemyan are the authors of “Litigating the Crime-Fraud Exception: Chevron Corp. v. Donziger” [PDF] published in the August 25, 2014 issue of Inside Counsel.
Client Alert | September 11, 2014
On August 15, 2014, the U.S. Court of Appeals for the Second Circuit issued a ruling limiting the extraterritorial application of Section 10(b) of the Securities Exchange Act of 1934 in the wake of the Supreme Court's landmark opinion in Morrison v. National Australia Bank Ltd.
Client Alert | August 25, 2014
On July 31, 2014, Chief U.S. District Judge Loretta A. Preska of the Southern District of New York ruled that the government can use a search warrant issued under the Stored Communications Act ("SCA") to gain access to digital information within the control of a U.S.-based internet service provider but stored on a foreign server. Under Judge Preska's ruling, service providers must comply with SCA warrants regardless of where the information is actually stored. Specifically, Chief Judge Preska's ruling adopts the findings of Magistrate Judge James C.
Client Alert | August 4, 2014
New York partner Andrea Neuman and associates Jason Stavers and Rachel Brook are the authors of “Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp.
Client Alert | July 14, 2014
On May 6, 2014, the U.S. Court of Appeals for the Second Circuit issued a ruling which continued the recent trend of further restricting the extra-territorial application of the U.S.
Client Alert | May 9, 2014
Los Angeles partner Perlette Michèle Jura and associate Dylan Mefford are co-authors of "Disparate Treatment of the Corporate Citizen: Stark Differences Across Borders in Transnational Lawsuits" [PDF] originally published in the May 2014 issue of Business Law International.
Article | May 1, 2014
On Friday, March 7, 2014, the California Court of Appeal in Los Angeles unanimously affirmed dismissal of a case against Gibson Dunn client Dole Food Company as a "fraud on the court" perpetrated by U.S.
Client Alert | March 10, 2014