Dallas partner Robert Little and Dallas associate Eric Pacifici are the authors of "Important Lessons From 'In re Oxbow Carbon' for Drafting Joint Venture Exit Provisions," [PDF] published in Delaware Business Court Insider on March 14, 2018.
Article | March 14, 2018
In our client alert of 8 December 2017 we summarised the political deal relating to the terms of withdrawal of the UK from the EU with a two year transition.
Client Alert | March 12, 2018
Houston partners Gerry Spedale and Hillary Holmes are the authors of "Joint Venture Traps to Avoid," [PDF] published in Midstream Business in March 2018.
Article | March 1, 2018
Oil and gas prices are recovering and there is a friendlier regulatory climate in Washington for capital raising. Times may never be better for considering an initial public offering for your company.
Webcasts | February 14, 2018
Palo Alto partner Lisa Fontenot is the author of "Public Company Virtual-Only Annual Meetings," [PDF] published in The American Bar Association's The Business Lawyer Vol.73, Winter 2017-2018.
Article | January 1, 2018
The UK Government and the European Commission have issued a joint report setting out the progress of the phase 1 negotiations for the Brexit divorce terms.
Client Alert | December 8, 2017
New York counsel Nicolas H.R. Dumont is the author of "Sentiment Analysis & Natural Language: Processing Techniques for Capital Markets & Disclosure," [PDF] published by The Corporate Governance Advisor in December 2017.
Article | December 1, 2017
Public companies face unique challenges as they confront and seek to manage OFAC, AML and FCPA compliance risk. Disclosure obligations and market reactions can intensify the pressures arising from alleged or actual violations of these laws.
Webcasts | November 1, 2017
On October 11, 2017, the Securities and Exchange Commission (SEC) unanimously voted to propose amendments to modernize and simplify disclosure requirements for public companies, as well as investment advisers and investment companies.
Client Alert | October 13, 2017
France is great again?Many of you have read positive articles on the new government in France and its freshly elected President, Emmanuel Macron. Is it real?First, one needs to understand the context: a quasi-unknown individual a year ago, Mr.
Client Alert | July 20, 2017
Theresa May's decision to call a snap UK general election has backfired. The Conservatives emerged as the biggest party in yesterday's UK general election but lost their overall majority. Theresa May's authority and leadership have been greatly weakened, perhaps even fatally damaged, by the shock result. The Conservatives won 319 (down from 331) seats in the House of Commons. A governing party needs 326 seats out of 650 seats for a majority. The Labour party gained 29 seats, enjoying their biggest increase in the share of the vote since 1945. A so-called "progressive alliance" between them and such of the minority parties as have indicated a willingness to work in coalition with Labour would not be sufficient to command an outright
Client Alert | June 9, 2017
The UK prime minister Theresa May has called a surprise general election for 8 June 2017. Earlier this week she won a House of Commons vote by 522 to 13 to override the standard five year fixed term between general elections.Theresa May is hoping the early election will convert her current working majority of 17 MPs in the House of Commons into a much bigger majority (with some predictions of a "landslide" victory). The prime minister says this will strengthen her hand in Brexit negotiations and provide the "strong and stable leadership" the country needs.Brexit negotiations will begin in earnest after the elections in France (the first round takes place on 23 April 2017, with the top two candidates facing each other in a second run-off on 7
Client Alert | April 21, 2017
The UK government has today triggered Article 50 – the official legal notification to the EU that the UK is going to leave the bloc. This means that, unless otherwise agreed with the EU member states, the UK will be out of the EU by end March 2019.
Client Alert | March 29, 2017
Washington, D.C. counsel Jeff Steiner and San Francisco associate Sean Sullivan are the authors of "Renewed Focus on Routes to Going Public," [PDF] published in the Daily Journal on March 1, 2017.
Article | March 1, 2017
Public companies face unique challenges as they confront and seek to manage cybersecurity risk. Disclosure obligations and market reactions can intensify the pressures arising from cyber threats and incidents.
Webcasts | February 28, 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
London partner Charlie Geffen and Dubai partner Hardeep Plahe are the authors of "Business Yet to Get a True Fix on Brexit Consequences" [PDF] published on November 22, 2016 by Gulf News.
Article | November 22, 2016
There is widespread speculation regarding what President-elect Donald Trump and a Republican-controlled Congress will choose to prioritize and pursue in 2017 and beyond. With the majority of pollsters and media observers incorrectly forecasting a victory for Hillary Clinton, many are just now beginning to assess how they will operate under, and the potential opportunities presented by, the policies of the Trump administration and the Republican-led Congress. We would like to share with you some of our initial observations about the potential effects that may be forthcoming in the near term. With Republicans claiming the White House and maintaining control of both the House of Representatives and the Senate, we expect a flurry of legislative and administrative activity con
Client Alert | November 15, 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
Dubai partner Hardeep Plahe is the author of "Horses for Courses Strategy Should Prevail in Deals" [PDF] published on November 3, 2016 by Gulf News.
Article | November 3, 2016
It has been close to two years since China announced that it would make major changes in its foreign investment related laws and regulations. The first step of such changes took effect on October 1, 2016, after the Standing Committee of the National People's Congress (China's parliament) passed resolutions (the "NPC Resolutions") to amend certain provisions of the FIE Laws (as defined below). On October 8, 2016, in implementing the NPC Resolutions, the PRC National Development and Reform Commission ("NDRC") and the PRC Ministry of Commerce ("MOFCOM") issued Public Announcement No. 22 ("Announcement 22"), and MOFCOM issued the Interim Measures for the Record-filing Administration of the Incorporation and Change o
Client Alert | October 10, 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
The Indian MarketThe Indian economy continues to be an attractive investment destination due to its sustained stable growth and implementation of further liberalization policies by the Government of India ("Government").
Client Alert | October 3, 2016
As the debate widens and the complexity of the challenges of Brexit emerges, it is becoming increasingly difficult to simplify the issues at the centre of the discussion. Much is being written and The Financial Times this week (w/c 19 September) had some interesting articles.This is what we are hearing: Whilst some academics continue to debate issues of process, the better legal view is that the Government is entitled to serve the Article 50 notice without Parliamentary approval.
Client Alert | September 22, 2016
Century City partner Candice Choh and associate Andrew Friedman are the authors of "Co-Investment: Maintaining the Right Access" [PDF] published on September 1, 2016 by Private Equity International.
Article | September 1, 2016
Dubai partner Hardeep Plahe is the author of "Making a Strong Case to be Investor-Friendly" [PDF] published on July 15, 2016 by Gulf News.
Article | July 15, 2016
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
The Foreign Direct Investment Policy ("FDI Policy") is the primary regulation governing foreign investment in India. The Government of India ("Government") introduced several amendments to the FDI Policy through the annual Consolidated Foreign Direct Investment Policy Circular, 2016 issued on June 7, 2016 ("2016 FDI Policy") and a subsequent press note issued on June 24, 2016 ("Press Note").
Client Alert | July 1, 2016
As you will all be aware, the UK electorate voted last week to leave the European Union. The Referendum does not itself trigger any immediate legal consequences and the actual timing for a UK exit from the EU (if at all) is uncertain. However, the vote to leave had an immediate and direct effect on the global finance markets, with Sterling falling to a 30-year low against the Dollar, and the ratings agencies announcing a UK ratings downgrade reflective of weakening investor confidence.
Client Alert | June 29, 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
I. IntroductionWhy read this note?From 3 July 2016, the European Market Abuse Regulation (MAR) will enter into effect, creating a new common regulatory framework on market abuse across the European Union (EU) resulting in the repeal and replacement of existing EU market abuse rules implemented pursuant to the Market Abuse Directive and in new rules being implemented in the UK. On the same day, a new European Directive, the Directive on Criminal Sanctions for Market Abuse (CSMAD), which complements MAR, will also come into effect. Together, MAR and CSMAD will update, strengthen and extend the scope of the EU market abuse regime, incorporating a wider range of more stringent sanctions. If you are an issuer
Client Alert | June 22, 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
Paris associate Gregory Marson is the author of chapter 24 of Dictionnaire des Régulations 2016, "Contrôle des concentrations économiques" [PDF] published by LexisNexis.
Article | June 1, 2016
Gibson Dunn provides a brief overview of the key legal and regulatory developments in India from October 1, 2015 to April 30, 2016.
Client Alert | May 18, 2016
I. IntroductionWith less than a week to go before the new UK regime on "people with significant control" comes into effect, are you aware as to how this will affect you whether you are an investor with a relevant stake in an in-scope entity or if you are or have within your corporate group an in-scope entity?
Client Alert | March 30, 2016
Singapore partner Brad Roach is the author of "Private Equity Participation in the Asian Oil & Gas Industry" [PDF] published on January 26, 2016 in the Energy and Natural Resources Expert Guide.
Article | January 26, 2016
On November 24, 2015, the Government of India ("Government") effected several important amendments to India's consolidated foreign direct investment policy ("FDI Policy").
Client Alert | December 8, 2015
At an October 30, 2015 open meeting, the Board of Governors of the Federal Reserve System (Federal Reserve) approved a proposed rule (Proposed Rule) that would impose Total Loss Absorbing Capacity (TLAC) and long-term debt (LTD) requirements for globally significant banks (G-SIBs). In so doing, it anticipated by ten days the Financial Stability Board (FSB), which finalized its template for TLAC on November 9. Although the Proposed Rule is consistent with important aspects of the FSB's TLAC requirements, its LTD requirement is more onerous. In addition, the Proposed Rule would impose new "clean holding company" requirements on institutions subject to the rule, which would limit those companies' business activities in a wholly new manner.From the Proposed Rule, tw
Client Alert | November 18, 2015
The restaurant industry has been especially active in the past few years. There have been a large number of takeovers and capital markets transactions in the sector, many of which imply lofty valuations for the companies being acquired and going public.
Webcasts | October 28, 2015
The Government of India ("Government") has published the updated foreign direct investment policy ("FDI Policy") for the year 2015.
Client Alert | May 15, 2015
On March 25, 2015, in a unanimous vote, the U.S.
Client Alert | April 22, 2015
The new UAE Commercial Companies Law ("New CCL") will come into effect in the next 3 months. Here is a list of 10 things you need to know about the New CCL.
Client Alert | April 7, 2015
San Francisco associates Sean Sullivan, Todd Trattner and Orange County associate Cem Surmeli are the authors of "Take Five: The SEC Now Allows Certain Issuers to Conduct Their Debt Tender Offers on a Five Day Framework" [PDF] published in the March 2015 issue of Insights.
Article | March 31, 2015
On March 24, 2015, the Supreme Court of the United States issued its long-awaited decision in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund, 575 U.S.
Client Alert | March 25, 2015
The following Gibson Dunn alert, which originally was distributed on March 9, has been updated to reflect recent developments announced by the Indian Government.The Government of India had recently promulgated the Insurance Laws (Amendment) Ordinance, 2014, dated December 26, 2014 ("Ordinance"), which substantially amended the existing Insurance Act, 1938, including in relation to foreign investment in Indian insurance companies.
Client Alert | March 11, 2015
The following Gibson Dunn alert, which originally was distributed on March 9, has been updated to reflect recent developments announced by the Indian Government.The Government of India had recently promulgated the Insurance Laws (Amendment) Ordinance, 2014, dated December 26, 2014 ("Ordinance"), which substantially amended the existing Insurance Act, 1938, including in relation to foreign investment in Indian insurance companies.
Client Alert | March 11, 2015
On January 23, 2015, the Division of Corporation Finance of the SEC issued a no-action letter permitting issuers (or their parents or wholly-owned subsidiaries) to conduct five business day tender offers for any and all non-convertible debt securities when certain conditions were met.
Client Alert | February 3, 2015
Spin-offs continue to be a prominent feature of the deal landscape; new transactions are announced on an almost weekly basis. For example, Barnes & Noble recently said that it plans to spin off its Nook business, eBay said that it would spin off PayPal, and Hewlett Packard announced that it would spin off its printer and computer business.
Client Alert | December 15, 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