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Brussels associate Elsa Sependa is the author of "Thinking holistically? Trust Europe" [PDF] published in the May 2010 issue of International Institute of Communications's Intermedia.For more information please visit: http://www.iicom.org
Client Alert | May 4, 2010
On 29 April 2010, Advocate General Juliane Kokott (who acts as an adviser to the European Court of Justice) delivered her Opinion in the case Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd v. European Commission. This case relates to European Union rules on legal professional privilege in antitrust cases heard before the European Commission. The precise scope of these rules has been hotly disputed since the ECJ's ruling in AM&S v. Commission in 1982.The Advocate General's Opinion is an intermediate stage in the European Court of Justice procedure, and it is not binding on the Court, although the views of the Advocate General are usually considered to be highly persuasive. Judgment will follow at a later date.In essence, the Opinion recommends that the Court uphold
Client Alert | May 3, 2010
New York partner Lois F. Herzeca is the author of "Liability of Directors with Special Expertise under Federal Securities Law and Delaware Corporate Law" [PDF] published in the May 2010 edition of Bloomberg Law Reports - Director and Officer Liability.
Article | May 3, 2010
After three and one-half years of litigation and an 18-day bench trial in San Francisco Superior Court, defendants Baker Capital, a private equity firm that invests in growth companies, and its related investment funds ("Baker"), achieved a complete victory against plaintiffs, former controlling stockholders, officers and directors of an internet retailer named Wine.com, Inc.
Client Alert | May 3, 2010
On April 27, 2010, the Supreme Court of the United States recognized an important limit on the availability of class action mechanisms in arbitration. In Stolt-Nielsen S.A.
Client Alert | May 3, 2010
In Actions Under Section 10(b) of Securities Exchange Act of 1934, Statute of Limitations Does Not Begin to Run Until Plaintiffs Have Discovered or Reasonably Could Have Discovered Facts Constituting Securities Fraud, Including ScienterOn April 27, 2010, the United States Supreme Court held that the statute of limitations for private actions claiming securities fraud under Section 10(b) of the Securities Exchange Act of 1934 does not begin to run until plaintiffs have discovered or, with reasonable diligence, could have discovered the facts constituting the fraud, including scienter. The decision in Merck & Co.
Client Alert | April 29, 2010
On April 20, 2010, the Federal Trade Commission ("FTC") (in cooperation with the Antitrust Division of the U.S.
Client Alert | April 28, 2010
As the Supreme Court enters the homestretch of this Term and approaches its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. Since the last edition of the Round-Up, the Court has issued opinions in the following argued cases:Merck & Co.
Client Alert | April 27, 2010
The Obama Administration has consistently sought to increase occupational safety and health oversight by expanding the enforcement activities of the Occupational Safety and Health Administration ("OSHA"). As expressed repeatedly by the Secretary of Labor, Hilda Solis, "There is a new sheriff in town" when it comes to OSHA enforcement.On April 22, 2010, OSHA took a significant step towards enhanced enforcement by issuing a new directive establishing the Severe Violator Enforcement Program ("SVEP").
Client Alert | April 26, 2010
On March 22, 2010, a bill seeking general reform of financial industry regulation in response to the recent financial crisis was adopted on a party-line vote by the Senate Banking Committee as the "Restoring American Financial Stability Act of 2010." It subsequently was reported to the Senate as Senate Bill 3217 (posted on the Committee's website on April 15, 2010).
Client Alert | April 23, 2010
Over the last decade, there has been an explosion in the number of cases challenging alleged exclusion of generic drugs by branded pharmaceutical manufacturers. Often, when a branded pharmaceutical manufacturer is unsuccessful in making patent, scientific, or regulatory arguments in opposition to a prospective generic entrant, the branded manufacturer is faced with high-stakes high-stakes antitrust claims brought on behalf of purported classes of direct and indirect purchasers seeking a significant portion of the branded manufacturer's revenues in compensatory damages.Sean Royall and Joshua Lipton of Gibson Dunn are co-authors of the attached article, "The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context," which addres
Client Alert | April 23, 2010
On April 20, 2010, the European Commission adopted a revised Vertical Block Exemption Regulation, which provides a "safe harbour" for certain distribution and supply agreements from the application of European antitrust rules (Article 101(1) of the Treaty on the Functioning of the European Union). The European Commission also adopted its accompanying Vertical Guidelines.
Client Alert | April 22, 2010
Washington, D.C. associate Brian C. Baldrate is the author of "Federal Criminal Procedure - The Department of Justice's New Guidance on the Production of Exculpatory and Impeachment Evidence: A Piecemeal Approach to the Problem of Prosecutorial Misconduct" [PDF] published in the April 2010 issue of Bloomberg Law Reports - White Collar Crime.
Client Alert | April 21, 2010
On April 14, 2010, the U.S. Court of Appeals for the Federal Circuit issued its decision in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd., No.
Client Alert | April 16, 2010
Die Zwangsvollstreckungsunterwerfung in das Grundstück ist bei Veräußerung einer Grundschuld übertragbar, wenn der Gläubiger in die Sicherungsvereinbarung eintritt und das durch öffentliche oder öffentlich beglaubigte Urkunde erfolgt.
Client Alert | April 14, 2010
The United States Sentencing Commission voted unanimously on April 7, 2010 to modify the Federal Sentencing Guidelines for organizations, including the provisions that set forth the attributes of an effective compliance and ethics program. After considering a number of proposed changes to these Guidelines, the Commission voted to:Enhance the report obligations from a compliance officer to the board of directors in order for the compliance program to be deemed effective in all circumstances;Clarify the steps a corporation must take to meet the Commission's requirement for proper remediation in the event criminal conduct occurs;Reject the proposed language that would have mentioned, for the first time, the appointment of monitors as a possible component of the remediation requirement o
Client Alert | April 13, 2010
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act. Seven days later, the president signed into law a reconciliation measure, the Health Care and Education Reconciliation Act of 2010.
Client Alert | April 9, 2010
The United Kingdom has just enacted into law a new Bribery Act, which cleared the final stages of the Parliamentary process at an accelerated pace today.
Client Alert | April 8, 2010
Brussels partner David Wood is the author of "Bringing Google to book" [PDF] published in the April 6, 2010 issue of Competition Law Insight.
Client Alert | April 6, 2010
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act (the "Act"). The Act fundamentally alters the U.S.
Client Alert | April 2, 2010