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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The FCPA Enforcement Explosion Continues: Nine New Enforcement Actions in 2007 and Approximately 100 Active Investigations

The Foreign Corrupt Practices Act (“FCPA”) is 30 years old this year, and the anniversary is being “celebrated” with an explosion of enforcement activity by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”).

Client Alert | July 26, 2007

New Legislation on Foreign Takeovers in Wake of Dubai Ports Controversy

Today the President signed legislation increasing the federal government's scrutiny of mergers and corporate takeovers of U.S. businesses by foreign companies.

Client Alert | July 26, 2007

SEC Proposes Shareholder Access Alternatives, Approves AS-5 and Adopts Definition of Significant Deficiency; PCAOB Proposes Amendments to Auditor Independence Rules

At a meeting today, the Securities and Exchange Commission (“SEC”) took several significant actions, including: approving releases relating to revisions to the proxy process;

Client Alert | July 25, 2007

What Price Accuracy? A Recent House of Lords Decision May Be a Recipe for Delay in UK Contract Law Arbitrations

The English House of Lords has issued two landmark decisions within the past six months addressing the value-date for the quantification of damages. The most recent of these decisions, in Golden Strait Corporation v Nippon Yusen Kubishika Kaisha, involves commercial contract law and may be a recipe for delay in UK contract law arbitrations.

Article | July 23, 2007

The European Court of First Instance Rules in Favour of Compensation for Illegal Prohibition of a Merger by the European Commission in Schneider/Legrand

On 11 July 2007, the European Court of First Instance (the "CFI") delivered its long-awaited Judgment in the appeal of Schneider Electric S.A. ("Schneider") against the Decision of the European Commission (the "Commission").

Client Alert | July 19, 2007

UK Employment and Labour Law — Quarterly Executive Summary (July 2007)

Welcome to the second Quarterly Executive Summary of 2007, in which we highlight key developments in UK Employment and Labour Law over the past three months. A headline summary of cases and developments is provided below.

Client Alert | July 18, 2007

Contracts: Straight to the point

Gibson Dunn lawyers Rachel Couter and Nathalie Allen of "Contracts: Straight to the point" which was first published in the 12 July, 2007 issue of Legal Week.

Article | July 12, 2007

The German Tax Reform 2008 — Impact on Leveraged Transactions

On July 6, 2007, the German Corporate Tax Reform 2008 passed all German legislative bodies and will become effective January 1, 2008. The Corporate Tax Reform 2008 does not provide for any grandfather rules for current transactions.

Client Alert | July 11, 2007

U.S. Department of Commerce Announces New Export Control Regulations for Exports to the People’s Republic of China

On June 19th, 2007, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a final rule (the “China Rule”), effective immediately, that implements significant changes to its dual-use export control regulations for exports to the People’s Republic of China (“PRC”).

Client Alert | July 2, 2007

Postgraduate Course in Federal Securities Law – Current Trends in Federal Securities Litigation

Jonathan C. Dickey is the author of "Current Trends in Federal Securities Litigation" [PDF] prepared for the ALI-ABA Postgraduate Course in Federal Securities Law, June 28 - 29, 2007.

Client Alert | June 28, 2007

In a Landmark Antitrust Decision, the U.S. Supreme Court Overturns the 96-Year-Old Per Se Rule Against Minimum Resale Price Maintenance Agreements

On June 28, the Supreme Court of the United States held in Leegin Creative Leather Products, Inc. v. PSKS, Inc. that resale price agreements should be evaluated under the rule of reason to determine whether there is a violation of Section 1 of the Sherman Act.

Client Alert | June 28, 2007

Employment: Parent Power

The Work and Families Act (WFA), which received Royal Assent in the UK on 21 June, 2006, has been the subject of considerable speculation and debate since the Department of Trade and Industry (DTI) outlined a range of proposals promoting family-friendly policies and practices at work in its February 2005 consultation paper.

Client Alert | June 27, 2007

Supreme Court Decision in Rita v. United States Resolves Role for Presumption of Reasonableness in Federal Sentencings

On June 21, 2007, the Supreme Court issued an 8-1 decision in Rita v. United States, No. 06-5754, affirming the ability of appellate courts to use a presumption of reasonableness where the sentences they are reviewing were imposed within the applicable range under the Federal Sentencing Guidelines.

Client Alert | June 25, 2007

Supreme Court Establishes Rigorous Pleading Standard for Investor Suits

On June 21, 2007, the Supreme Court issued an 8-1 decision in Tellabs v. Makor Issues & Rights, No. 06-484, explaining the plaintiff’s burden under § 21D(b)(2) of the PSLRA (15 U.S.C.

Client Alert | June 22, 2007

Supreme Court Holds in United States v. Atlantic Research That Potentially Responsible Parties Have a Cost Recovery Cause of Action Under Section 107(a)(4)(B) of CERCLA

On June 11, 2007, the Supreme Court issued a unanimous opinion in United States v. Atlantic Research Corporation, No. 06-562, holding that the plain language of Section 107(a)(4)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

Client Alert | June 11, 2007

Latest SEC Reminder About Managing Conflicts within Financial Institutions — Have You Tested Your Walls Lately?

The Securities and Exchange Commission recently provided an important reminder of the need for effective information barriers and procedures to address potential conflicts of interest, including misuse of confidential information, that may exist given the multiple hats increasingly worn by broker-dealers, investment advisers, hedge funds, private equity funds, and other financial intermediaries.

Client Alert | June 11, 2007

IRS Issues Helpful Guidance Excluding Principal Financial Officers from Coverage Under Section 162(m) of the Internal Revenue Code

On June 4, the IRS issued guidance clarifying which executive officers are "covered employees" for purposes of the $1 million deduction limitation under section 162(m) of the Internal Revenue Code.

Client Alert | June 8, 2007

U.S. Treasury Department Imposes New Sanctions Against Sudan

On May 29, 2007, in response to the continuing conflict in Sudan, the United States imposed new sanctions against Sudan. The U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), which maintains and enforces U.S.

Client Alert | June 5, 2007

News Analysis: Tax Authorities Issue Statement on Impact of Denkavit

Paris associate Jérôme Delaurière is the author of "News Analysis: Tax Authorities Issue Statement on Impact of Denkavit" [PDF] published in the June 4, 2007 issue of  Tax Analysts's Tax Notes International (pg.1002).

Client Alert | June 4, 2007

Current Tax Structuring Techniques for Private Equity Funds

Los Angeles associate Afshin Beyzaee is the author of "Current Tax Structuring Techniques for Private Equity Funds" [PDF] published in the May/June 2007 issue of the Journal of Taxation and Regulation of Financial Institutions.© 2007 Civic Research Institute.  This article originally appeared in Journal of Taxation and Regulation of Financial Institutions and is reproduced here with permission.  For information on the journal, visit http://www.civicresearchinstitute.com/tfi.html.

Client Alert | June 1, 2007