Best Lawyers in the United Kingdom 2020 has recognized 11 Gibson Dunn partners as leading lawyers in their respective practice areas: Cyrus Benson – International Arbitration; Thomas Budd – Real Estate Finance; James Cox – Employment Law; Patrick Doris – International Arbitration; Charlie Geffen – Private Equity Law; Penny Madden – International Arbitration; Mitri Najjar – Corporate Law; Philip Rocher – Litigation; Alan Samson – Finance Services, Real Estate Finance and Real Estate Law; Jeffrey Sullivan – International Arbitration; and Steve Thierbach – Capital Markets Law.
| June 28, 2019
The Deal named “Veritas Capital Fund Management LLC and Evergreen Coast Capital Corp. take athenahealth Inc. private” as its Private Equity Deal of the Year.
Firm News | June 20, 2019
Hong Kong partner Scott Jalowayski and associate James Jackson are the authors of "What May Be Ahead For PE Infrastructure Investment In Asia" [PDF] published by Law360 on June 6, 2019.
Publications | June 6, 2019
The political instabilities caused by Brexit raise the possibility that a General Election may be held in the UK sooner than the scheduled 5 May 2022. Given current political turbulence, the prospect of Labour winning any such snap election can no longer be dismissed. If this happens, a future Labour government led by Jeremy Corbyn and John McDonnell is expected to consider nationalising a range of assets.
Client Alert | May 9, 2019
Following the influx of capital into the MENA region in the last two decades, private equity firms and institutional investors who acquired businesses during that period are now seeking to divest these assets. This article sets out a number of methods to streamline exit processes and potentially increase returns.
Client Alert | April 29, 2019
In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.
Firm News | April 25, 2019
The Legal 500 EMEA 2019 has recommended Gibson Dunn in 14 categories in Belgium, France, Germany and UAE. The firm was recognized in Competition – EU and Global in Belgium; Administrative and Public Law, Dispute Resolution – Commercial Litigation Industry Focus – IT, Telecoms and the Internet, Insolvency, Insurance, Mergers and Acquisitions, and Tax in France; Antitrust, Compliance, Internal Investigations and Private Equity in Germany; and Corporate and M&A and Investment Funds in UAE.
Firm News | April 19, 2019
On March 15, 2019, the National People’s Congress of China passed the Foreign Investment Law which, upon taking effect on January 1, 2020, will replace some of the basic laws and regulations relating to foreign investments in China. This new law represents a major overhaul of China’s foreign investment regulatory regime developed over the last four decades.
Client Alert | March 19, 2019
In this webcast, Gibson Dunn lawyers explain and explore the life cycle of a private equity-sponsored public company, and how public companies access the capital markets through private equity.
Webcasts | February 6, 2019
The Delaware Supreme Court recently overruled a Court of Chancery opinion that had relied on the covenant of good faith and fair dealing to allow the minority owners in a joint venture to force an exit transaction.
Client Alert | January 22, 2019
Gibson Dunn has been recognized in 12 categories in the 2019 edition of The Legal 500 Asia Pacific. The Singapore office was ranked in the following Foreign Firms categories: Banking and Finance, Corporate and M&A, Energy and Restructuring.
Firm News | January 18, 2019
The Legal 500 Deutschland 2019 ranked Gibson Dunn in four practice areas and named Frankfurt partner Dirk Oberbracht as Leading Lawyer in Private Equity.
Firm News | December 20, 2018
On August 13, 2018, President Trump signed the Foreign Investment Risk Review Modernization Act (“FIRRMA”), significantly expanding the scope of inbound foreign investments subject to review by the Committee on Foreign Investment in the United States (“CFIUS”). In this webcast presentation, our panelists discuss the new CFIUS legislation and its impact on private equity investments.
Webcasts | December 19, 2018
Through discussions with bankers and other market participants, we anticipate that the number of UK take privates will continue to gather pace in 2019. The UK takeover regime brings particular challenges to take private transactions.
Publications | December 18, 2018
New York partner Sean Griffiths was named as one of “Hollywood's Top 20 Dealmakers of 2018” by The Hollywood Reporter. He was recognized for his representation of Investcorp and PSP Investments in the acquisition of a minority stake in United Talent Agency, a leading global talent and entertainment company.
Firm News | November 30, 2018
Gibson Dunn earned 12 firm rankings and 21 individual rankings in the 2019 edition of Chambers Asia-Pacific.
Firm News | November 29, 2018
The UK Legal 500 2019 ranked Gibson Dunn in 13 practice areas and named six partners as Leading Lawyers. The firm was recognized in the following categories:
Firm News | November 21, 2018
In the current strong market environment, spin-off deals have become a regular feature of the M&A landscape as strategic companies look for ways to maximize the value of various assets. In this program, a panel of lawyers from a number of these key practice areas provided insights based on their recent experience structuring and executing spin-off transactions. They walked through the hot topics, common issues and potential work-arounds.
Webcasts | October 30, 2018
On October 19, 2018, the Internal Revenue Service (the "IRS") and the Treasury Department issued proposed regulations (the "Proposed Regulations") providing rules regarding the establishment and operation of "qualified opportunity funds" and their investment in "opportunity zones."
Client Alert | October 22, 2018
On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud. The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.
Client Alert | October 17, 2018
On October 9, 2018, in Flood v. Synutra Intth'l, Inc., the Delaware Supreme Court further refined when in a controller transaction the procedural safeguards of Kahn v. M & F Worldwide Corp. ("MFW") must be implemented to obtain business judgment rule review of the transaction.
Client Alert | October 15, 2018
Since the result of the Brexit referendum was announced in June 2016, there has been significant commentary regarding the potential effects of the UK's withdrawal from the EU on the financial services industry.
Client Alert | October 11, 2018
This Client Alert provides an update on shareholder activism activity involving NYSE- and NASDAQ-listed companies with equity market capitalizations above $1 billion during the first half of 2018.
Client Alert | October 3, 2018
On October 1, 2018, in Akorn, Inc. v. Fresenius Kabi AG, the Delaware Court of Chancery determined conclusively for the first time that a buyer had validly terminated a merger agreement due to the occurrence of a "material adverse effect" (MAE).
Client Alert | October 2, 2018
Navigating Uncertainty and Volatility for Your Portfolio Companies As the daily headlines attest, trade tariffs – both those recently implemented and those currently pending or contemplated – continue to create a dynamic and challenging business environment, including for portfolio companies of private equity sponsors.
Client Alert | August 21, 2018
2018 has seen significant but pragmatic developments in the implementation of bank regulation by the Board of Governors of the Federal Reserve System (Federal Reserve) under its new Vice Chairman for Bank Supervision, Randal Quarles.
Client Alert | August 20, 2018
Last week, the Office of the Comptroller of the Currency (OCC) announced that it would begin accepting proposals from Fintech firms to charter special purpose national banks (SPNBs).
Client Alert | August 6, 2018
I. Significant Developments A. Introduction For a brief moment in time, after several years with as many as 3 of the 5 commissioner seats vacant, the SEC was operating at full force, with the January 2018 swearing in of newest commissioners Hester Peirce and Robert Jackson.
Client Alert | July 30, 2018
The Indian Market The Indian economy continues to be an attractive investment destination and one of the fastest growing major economies. After a brief period of uncertainty, following the introduction of a uniform goods and services tax and the announcement that certain banknotes would cease to be legal tender, the growth rate of the economy has begun to rebound, increasing to 7.7 percent in the first quarter of 2018, up from 6.3 percent in the previous quarter.
Client Alert | June 28, 2018
The Deal named “Kindred Healthcare Inc. – Humana Inc.; TPG Capital LP & Welsh, Carson, Anderson & Stowe” as its Private Equity Deal of the Year.
Firm News | June 25, 2018
Gibson, Dunn & Crutcher LLP is pleased to announce that George Stamas, Mark Director, Andrew Herman, and Alexander Fine have joined the firm as partners.
Press Releases | May 17, 2018
Hong Kong partner Scott Jalowayski and Hong Kong associate James Jackson are the authors of "5 Factors Driving Private Equity In Asia," [PDF] published by Law360 on April 23, 2018.
Article | April 23, 2018
Two recent decisions confirm that, in the wake of the Delaware Supreme Court's landmark decisions in Dell and DFC, Delaware courts are taking an increasingly skeptical view of claims in appraisal actions that the "fair value" of a company's shares exceeds the deal price.
Client Alert | April 5, 2018
On March 5, 2018, the U.S. Supreme Court issued a decision in U.S. Bank N.A. Trustee, By and Through CWCapital Asset Management LLC v. Village at Lakeridge, LLC (No.
Client Alert | March 20, 2018
On February 27, 2018, the U.S. Supreme Court issued a decision in Merit Management Group, LP v. FTI Consulting, Inc. (No. 16-784), settling a circuit split regarding the “safe harbor” provision in § 546(e) of the Bankruptcy Code.
Client Alert | March 5, 2018
People often speak of forming a joint venture as if the meaning of the term "joint venture" is self-evident. However, the term "joint venture" can be used to describe a wide array of arrangements between two or more parties.
Client Alert | March 1, 2018
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.
Client Alert | February 14, 2018
This Client Alert provides an update on shareholder activism activity involving NYSE- and NASDAQ-listed companies with equity market capitalizations above $1 billion during the second half of 2017, as well as a look back at trends for the 2017 calendar year.
Client Alert | January 29, 2018
Enforcement of Panel Rulings A few weeks ago, the Court of Session in Edinburgh (the Court) delivered its landmark judgement in the case of The Panel on Takeovers and Mergers v David Cunningham King – the first case in which the UK Takeover Panel (the Panel) applied to court for an enforcement order pursuant to its rights under the Companies Act 2006 (the Act).
Client Alert | January 9, 2018
Buyers and sellers often agree that a target company's valuation assumes that the target will be sold on a cash-free, debt-free basis, with a normalized level of working capital.
Client Alert | November 13, 2017
New York partner Janet Vance is the author of "An Expert's View: Current Developments in Commitment Letter Negotiations," [PDF] published by Practical Law Finance on November 10, 2017.
Article | November 10, 2017
New York partner John Pollack and associate Daniel Alterbaum are the authors of "10 Considerations When Selling to Private Equity Consortium," [PDF] published by Law360 on October 27, 2017.
Article | October 27, 2017
Houston partners Justin Stolte and Michael Darden are the authors of "Private Equity JVs: Part 1 - DrillCos," [PDF] published by Oil & Gas Financial Journal on October 2, 2017.
Article | October 2, 2017
Investment advisers that file Form ADV with the Securities and Exchange Commission ("SEC") either as registered investment advisers ("RIAs") or as exempt reporting advisers ("ERAs") are reminded that significant amendments to Part 1A of Form ADV ("Part 1A") go into effect on October 1, 2017. For most investment advisers having a fiscal year end of December 31st, the amendments will first impact their annual updating filings that will be due on April 2, 2018.The following Client Alert provides a brief summary of the changes that have been made to Part 1A. Investment advisers would be well-advised to begin considering how these changes will impact their Form ADV filing requirements for 2018 and how they will capture t
Client Alert | September 25, 2017
When the board of a public company decides to undertake a strategic review, this may involve putting itself or some of its assets up for sale. These options may in turn be run as a formal auction or might involve (or be preceded by) more informal private discussions with a small number of parties to gauge market interest.
Client Alert | September 6, 2017
In our client alert "When is a Final Offer Not Final" on 9 November 2016 we described the way the UK's Takeover Panel operates its rules in a pragmatic way and on a principles basis. We described the battle for SVG Capital Plc and the conundrum that faced the Panel when HarbourVest Partners sought to acquire 100% of the assets of SVG at a higher "see through" price per share than its earlier share offer.The normal rule is that when a bidder has made a "final" offer it is not allowed subsequently to increase its offer later in the process. In the case of SVG the Panel did allow HarbourVest to make a higher offer for the assets demonstrating, what we then described, as a good example of how the Takeover Panel operates. That deal showed why
Client Alert | July 20, 2017
The UK system of public takeovers – both with regards to its rules (as set out in the Code on Takeovers and Mergers (the Code) and rulings under the Code – can be challenging to parties and practitioners not familiar with the underlying UK and European regimes on takeovers.The key features of the UK takeover system are its flexibility, certainty and speed, enabling parties to know where they stand under the Code in a timely fashion.
Client Alert | July 11, 2017
The last 12 months have seen various strides towards increased protectionism at a national level in the UK and other European member states and also at a European level.
Client Alert | July 6, 2017
On 13 January 2017, the Ministry of Energy and Mineral Resources of the Republic of Indonesia issued Regulation No. 18 of 2017, which introduces a new form of gross-split production sharing contract and abolishes the cost recovery system, which has been a feature of Indonesia's production sharing contracts since their inception in 1966.
Client Alert | May 31, 2017
On 6 April 2017, the Legislative Reform (Private Fund Limited partnerships) Order 2017 ("LRO") came into force. The LRO amends the Limited Partnerships Act 1907 ("LPA") and introduces a new form of limited partnership, the 'private fund limited partnership' ("PFLP") for use as a fund vehicle.
Client Alert | May 8, 2017