Publications - Gibson Dunn

Publications

Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.

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On the Frontier of Alien Tort Claims

New York partner Lee Dunst is the author of "On the Frontier of Alien Tort Claims" [PDF] published in the July 19, 2010 issue of the New York Law Journal. 

Client Alert | July 19, 2010

Derivatives Regulation under the Dodd-Frank Wall Street Reform and Consumer Protection Act

Throughout the financial regulatory reform debate, designing a regulatory framework for the derivatives market has been one of the most contentious issues.

Client Alert | July 16, 2010

The Regulation of Advisers to Private Funds: Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act

On July 15, 2010, the Senate voted (60-39) to approve the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"), which is expected to be signed into law next week by President Obama.  Included among the Act's sweeping changes to the regulation of the U.S.

Client Alert | July 16, 2010

Restructuring in SEC Division of Corporation Finance

PDF Version On July 16, 2010, the U.S. Securities and Exchange Commission (the "SEC") announced that the Division of Corporation Finance (the "Division") will create three new specialized offices that are intended to focus the Division's resources on critically important institutions and financial products.

Client Alert | July 16, 2010

U.S. Supreme Court to Decide the Scope of Materiality under Federal Securities Laws

On June 14, 2010, the United States Supreme Court granted a writ of certiorari to review the decision of the Ninth Circuit in Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir.

Client Alert | July 15, 2010

2010 Mid-Year Electronic Discovery and Information Law Update

This 2010 Mid-Year Update provides an overview of recent e-discovery developments and trends, based on Gibson Dunn's review of 103 e-discovery decisions issued between January 1 and June 17, 2010.  The following are highlights:Like last year, sanctions and cooperation were dominant themes in the first half of 2010.  Motions to compel and privilege disputes also continued at a steady pace.  We noted fewer decisions regarding preservation, form of production, and accessibility of data.  Courts have concentrated on more nuanced factual scenarios and discovery disputes arising farther along in the discovery process, such as iterative search terms, protective orders and the application of Federal Rule of Evidence 502.  We also noted a substantial increase in decisions a

Client Alert | July 13, 2010

The Final “Volcker Rule” under the Dodd-Frank U.S. Financial Regulatory Reform Bill

This alert covers the Dodd-Frank Wall Street Reform and Consumer Protection Act and its "Volcker Rule" provisions, prior to its passage in 2010.

Client Alert | July 12, 2010

European Commission Adopts Retail Market Monitoring Report

On July 5, 2010, the European Commission adopted a retail market monitoring report identifying the key issues that potentially hamper a more efficient and fairer retail services industry within the EU.

Client Alert | July 12, 2010

The Dodd-Frank Wall Street Reform and Consumer Protection Act (H.R. 4173) from the Broker-Dealer’s Perspective

Although still subject to Senate approval, the House of Representatives' June 30, 2010 vote to approve the Bill* moves broker-dealers that much closer to sweeping changes to their business and operations.

Client Alert | July 12, 2010

2010 Mid Year Securities Enforcement Update

I.  Overview of the First Half of 2010Nearly a year and a half ago, Mary Schapiro took over as Chairman of the SEC with a promise to reinvigorate the Enforcement Division.  Shortly thereafter, Robert Khuzami, the Director of the Division of Enforcement, announced a series of initiatives with the goal of making the Enforcement Division more effective.  The first six months of this year have seen those initiatives take shape with a reorganization of the Enforcement Division into specialized units and the formal announcement of a cooperation initiative for individuals.  But of greater significance is the extent to which the Enforcement Division is filing cases against major financial institutions and senior executives -- and without negotiating settlements in advance of fi

Client Alert | July 12, 2010

The Long Arms of UK and US Law

Gibson Dunn New York partner Lee Dunst, London partner Philip Rocher, London senior counsel Charles Falconer and New York associate Elizabeth Goergen are the authors of "The Long Arms of UK and US Law," which is an extract from Latin Lawyer Magazine, Volume 9, Issue 6.

Client Alert | July 12, 2010

Gute Berufsperspektiven für Offiziere als Compliance-Beauftragte in Großunternehmen

Munich partner Mark Zimmer is the author of "Gute Berufsperspektiven für Offiziere als Compliance-Beauftragte in Großunternehmen" [PDF] published in the July 2010 issue of Die Bundeswehr. 

Client Alert | July 9, 2010

2010 Mid-Year False Claims Act Update

Many consider the False Claims Act (the "FCA") to be the "fastest growing area of federal litigation." At the outset of the federal government's fiscal year 2010, Senator Charles Grassley (R-Iowa) reported that the government had more than 1,000 qui tam cases awaiting its decision on intervention.

Client Alert | July 9, 2010

Erosion of the Fiduciary-Duty Requirement in Insider-Trading Actions

New York partner Joel M. Cohen and associates Mary Kay Dunning and Gregory H. Shill are the authors of  "Erosion of the Fiduciary-Duty Requirement in Insider-Trading Actions" [PDF] which appeared in the Volume 10, Number 3, Spring 2010 issue of the American Bar Association's Securities Litigation Journal.

Client Alert | July 9, 2010

Triplets?. . . ‘No, I’d Rather Have Twins’ — The UK’s Blueprint for Financial Regulation

In a dramatic move, initially trailed this time last year, the Conservatives (now in coalition with the Liberal Democrats) have confirmed that they will in their term of service, abolish Britain's tripartite financial services regime, to replace it with a form of "twin peaks" style of regulation.

Client Alert | July 8, 2010

Supreme Court Round-Up: A Summary of Recent Opinions, Upcoming Arguments, and Other Developments – July 8, 2010

As the Supreme Court's 2009 Term drew to a close, the Court issued an array of blockbuster opinions on issues such as separation of powers, the Second Amendment, and the proper interpretation of the "honest services" fraud statute.  Gibson Dunn's Supreme Court Round-Up, which has been tracking the Court's opinions and actions throughout the Term, now contains a summary of each opinion that the Court issued this Term.

Client Alert | July 8, 2010

2010 Mid-Year FCPA Update

On January 18, 2010, hundreds of law enforcement agents from the Federal Bureau of Investigation and City of London Police launched a coordinated, bi-continental strike, executing twenty-one search warrants and arresting twenty-two people in what Assistant Attorney General Lanny Breuer described as "the largest action ever undertaken by the Justice Department against individuals for FCPA violations."  Thus began the year in Foreign Corrupt Practices Act enforcement, a juggernaut that each annum surpasses the record heights set the year before.  This client update provides an overview of the Foreign Corrupt Practices Act ("FCPA") and a survey of FCPA enforcement activities during the first half of 2010.  It also analyzes recent enforcement trends and offer

Client Alert | July 8, 2010

Narrow, Don’t Abolish, FCPA Facilitating Payments Exception

New York partner Joel M. Cohen and associate Adam P. Wolf are the authors of "Narrow, Don’t Abolish, FCPA Facilitating Payments Exception" [PDF] which appeared in the July 8, 2010 issue of New York Law Journal.

Client Alert | July 8, 2010

2010 Mid-year Criminal Antitrust Update

As has been the case for the last several years, the first half of 2010 has been a busy one for criminal antitrust enforcement around the globe.  In past years, we have reported on the consistently and dramatically increased numbers of pleas, fines, and prison sentences in cartel cases resulting from increased and coordinated global enforcement of antitrust laws.  Although 2010 continues to provide numerous success stories for global competition enforcers, it also saw a few notable setbacks and was marked by a relative lull in large fines and prison sentences imposed by the U.S.

Client Alert | July 7, 2010

Tauschgeschäfte bei Immobiliengesellschaften

Munich partner Hans Martin Schmid is the author of "Tauschgeschäfte bei Immobiliengesellschaften (Debt/Equity Swaps with Real Estate Holding Companies" [PDF] published in the July 8, 2010 issue of Immobilienmanager.

Client Alert | July 7, 2010