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 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 31, 2010, the Supreme Court of the United States expanded the range of class action litigation in federal court by ruling that certain class actions barred by state law may nevertheless proceed in federal court. In Shady Grove Orthopedic Associates, P.A.
Client Alert | April 2, 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
On March 23, 2010, President Obama signed into law the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (PPACA). Media coverage and public scrutiny of this legislation has been extensive, but falling largely outside the spotlight are several provisions extending the reach of the False Claims Act, 31 U.S.C.
Client Alert | April 2, 2010
On 1 March, the UK Financial Services Authority ("FSA") published its new framework for financial penalty-setting.
Client Alert | April 1, 2010
Century City Jonathan K. Layne and Los Angeles associate Benyamin S. Ross are the authors of "Fiduciary Duties In Delaware LLC Agreements" [PDF] publised online by Law360 on March 31, 2010 at law360.com.
Client Alert | March 31, 2010
On March 30, 2010, the Supreme Court issued its decision in Jones v. Harris Associates L.P., No. 08-586. The Court construed Section 36(b) of the Investment Company Act of 1940, which states that investment advisers to mutual funds are deemed to have a fiduciary duty with respect to the receipt of compensation for services and provides a private cause of action for breach of that duty.
Client Alert | March 30, 2010
Last week, the U.S. Department of Labor's Wage and Hour Division announced a new procedure for interpreting the provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C.
Client Alert | March 29, 2010
In this communication we discuss what you can do to reduce the likelihood that your school will be the subject of a False Claims Act ("FCA") lawsuit, and if it is, what steps you can take to help successfully defend the lawsuit and avoid liability.
Client Alert | March 26, 2010
Last week, the California Supreme Court handed down its decision in Steiner v. Thexton, ruling that a purported real property purchase contract was instead an irrevocable option and remanding the case to the trial court for further proceedings.
Client Alert | March 25, 2010
As the Supreme Court enters the homestretch of this Term's oral arguments and approaches its busiest season for issuing opinions, Gibson Dunn is pleased to announce that its Supreme Court Round-Up will be summarizing key developments at the Court.
Client Alert | March 25, 2010
A final rule issued on March 23, 2010, amends the Federal Acquisition Regulation ("FAR") to implement the Federal Awardee Performance and Integrity Information System ("FAPIIS"). FAPIIS was created to fulfill the requirements imposed by Section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub.
Client Alert | March 24, 2010
The financial crisis has placed an ever-increasing number of companies in the position of being confronted with multiple shareholder class actions, SEC investigations, federal grand jury investigations, state attorney general investigations, arbitrations and "opt-out" litigation. In defending these private actions and governmental investigations, companies need to develop global defense strategies so that the defense of each proceeding is carefully coordinated with the defense of all other parallel proceedings.In their article, "Defending Parallel Proceedings: Basic Principles and Tactical Considerations," prepared for Securities Litigation Report (February 2010), Lawrence Zweifach and Eric Creizman discuss the myriad challenges inherent in defending multiple proc
Client Alert | March 23, 2010
In 2007, Columbia Pictures v. Bunnell sent shockwaves through the legal community with its conclusion that random access memory (RAM) data, a form of "ephemeral data" with a temporary life span, constitutes discoverable electronically stored information (ESI). In the wake of Bunnell, early predictions were of a discovery doomsday in which the preservation and production of such data at great expense would be required. Although these predictions have not yet come to fruition, the relevant case law is still developing, and this remains a topic to watch.In their article published in The New York Law Journal on March 22, 2010, Jennifer Rearden and Farrah Pepper of Gibson Dunn discuss developments in case law since Bunnell and the outlook for discovery obligations relating
Client Alert | March 22, 2010
Washington, D.C. partner Mark A. Perry is the author of "RICO's Lessons for Loss Causation" [PDF] published in the March 2010 issue of Wall Street Lawyer.
Client Alert | March 22, 2010
While it is unusual for the U.S. Supreme Court to address cases involving scandalous facts or potentially impacting electronic discovery, the Court will face both in April when it hears City of Ontario v. Quon, No.
Client Alert | March 22, 2010
Gibson Dunn is closely tracking government responses to the recent turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
Client Alert | March 17, 2010