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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Washington, D.C. partner F. Joseph Warin and associates John Chesley and Patrick Speice are the authors of "Nine Lessons of 2009: The Year-in-Review of Foreign Corrupt Practices Act Enforcement" [PDF] published in the Spring 2010 issue of Securities Regulation Law Journal.Reprinted from Securities Regulation Law Journal, (Vol.
Client Alert | March 15, 2010
On February 26, 2010, the Court of Chancery of the State of Delaware issued an important opinion validating the use of a net operating loss (NOL) shareholder rights plan or poison pill. The case, Selectica, Inc.
Client Alert | March 3, 2010
On March 2, 2010, the U.S. Supreme Court issued its decision in Reed Elsevier v. Muchnick, ___ U.S. ___, No. 08-103, interpreting the Copyright Act to allow judicial approval of settlements of copyright infringement claims involving unregistered works. Reversing the U.S.
Client Alert | March 3, 2010
On February 24, 2010, the Securities and Exchange Commission ("SEC") issued a statement reaffirming its support for a single set of globally accepted accounting standards, yet refrained from establishing a firm timeline for incorporating such standards into the U.S.
Client Alert | March 3, 2010
On February 26, 2010, the Financial Crimes Enforcement Network (FinCEN) proposed revising the regulations implementing the Bank Secrecy Act to clarify which persons will be required to file Reports of Foreign Bank and Financial Accounts ("FBARs") and which accounts will be reportable. IRS Announcement 2010-16, 2010-11 IRB 1; IRS Notice 2010-23, 2010-11 IRB 1. The proposed rule would include a definition of United States persons and definitions of bank, securities, and other financial accounts in a foreign country. In addition, the proposed rule would exempt certain persons with signature or other authority from filing the FBAR. Finally, it would clarify that private equity funds and hedge funds are not "commingled funds" for which an FBAR filing
Client Alert | March 2, 2010
Los Angeles partner Debra Wong Yang, Orange County partner Nick Hanna and New York Partner Alexander Southwell are the authors of "Health Care Compliance in 2009 and Going Forward: Part 1" [PDF] and "Health Care Compliance in 2009 and Going Forward: Part 2" [PDF] published in the March and April 2010 issues of Westlaw Journal's Health Care Fraud. Gibson Dunn associates Ladan Stewart, Melissa Epstein Mills, Adam Cohen, Ross Halper, Hane Kim and Kristy Grant also contributed to the articles.
Client Alert | March 1, 2010
Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is closely tracking regulatory and legislative activity relating to the regulation of nanotechnology, which is an emerging technology that involves an increasing number of products and businesses.
Client Alert | March 1, 2010
The Securities and Exchange Commission ("SEC") recently approved amendments to its notice and access (e-proxy) rules that are designed to increase participation in the e-proxy process. Under the prior e-proxy rules, the SEC mandated the exact form and content that had to appear on the Notice of Internet Availability (the "Notice"). Concerns have been expressed that the Notice rules limited the ability of issuers to communicate effectively about the e-proxy process, which resulted in lower shareholder participation rates for e-proxy, particularly among retail investors. The new rules approved by the SEC last week attempt to address this concern by providing enhanced flexibility to the issuer and other soliciting persons in determining the form and conte
Client Alert | March 1, 2010
Orange County partner James Moloney is the author of "Formula Pricing: 'Day 20' Pricing Has Finally Arrived for Debt Tender Offers!" [PDF] published in the March-April 2010 issue of Deal Lawyers.
Client Alert | March 1, 2010
Munich partner Mark Zimmer and associate Robert C.J. Heymann are the authors of "Ping-Pong der Gerichte Betriebsübergang trotz Eingliederung" [PDF] published in the March 2010 issue of Arbeit und Arbeitsrecht.
Article | March 1, 2010
London partner James A. Cox and associates Daniel Pollard and Steven Cochran are the authors of "Ten Golden Rules for Retaining Key Employees in UK" [PDF] published in the February 28, 2010 issue of Thomson Reuters's Euro Watch.
Client Alert | February 28, 2010
Last week, the Department of Defense issued a memorandum implementing the Franken Amendment, a provision of the Defense Appropriations Act for Fiscal Year 2010 restricting the use of certain pre-dispute arbitration provisions by defense contractors.The memorandum prohibits the use of Department of Defense funds appropriated for FY 2010 for any contract awarded after February 17, 2010 in excess of $1 million unless the contractor agrees not to have mandatory pre-dispute arbitration agreements with its employees for disputes under Title VII of the Civil Rights Act of 1964 or claims related to sexual assault or harassment. In addition to agreeing not to include mandatory arbitration clauses on these subjects in new employment contracts, the memorandum requires a contractor to refrain fr
Client Alert | February 24, 2010
On February 23, 2010, the United States Supreme Court held that the phrase "principal place of business" in the federal diversity jurisdiction statute refers to a corporation's "nerve center" or "the place where the corporation's high level officers direct, control, and coordinate the corporation's activities." Hertz Corp.
Client Alert | February 24, 2010
Today, the Securities and Exchange Commission voted 3-2 to adopt a short sale-related circuit breaker solution (the "Alternative Uptick Rule") to limit excessive short selling pressure on individual stocks. The SEC's press release is available at http://www.sec.gov/news/press/2010/2010-26.htm. The Alternative Uptick Rule, Securities Exchange Act Rule 201 of Regulation SHO, was formally proposed by the Commission in August 2009, see Release No.
Client Alert | February 24, 2010
In this communication we discuss the issue of what is the proper measure of damages in the False Claims Act ("FCA") cases that have been brought against for-profit schools for alleged violations of the so-called "incentive compensation" provision of the Higher Education Act ("HEA") or other statutory or regulatory requirements with which schools must comply in order to be eligible to participate in Title IV programs.
Client Alert | February 23, 2010
The California Supreme Court ruled unanimously that California's "Kin Care" rules, which require employers that provide paid sick leave to permit employees to use a portion of the leave to care for sick family members, do not apply to sick leave policies providing an unlimited number of paid sick days. McCarthur v. Pac.
Client Alert | February 23, 2010
As economic conditions improve, the war for talent is intensifying. We have set out below ten "golden rules" for UK employers seeking to retain key talent. Different rules and considerations may apply in other jurisdictions.Ten Golden Rules for Retaining Key Employees in the UK1. Maintain a supportive work environmentMany key employees, particularly those with children, struggle to reconcile their responsibilities at work and home. As a consequence, employers often struggle to retain key female employees. Employers looking to reverse this trend, should consider whether it is possible, without harming their business, to introduce benefit plans and working arrangements which help employees to better balance their responsibilities at home and work
Client Alert | February 22, 2010
Washington, D.C. partner Raymond B. Ludwiszewski, of counsel Charles H. Haake and associate Stacie B. Fletcher are the authors of "The 'Glorious Mess' Comes to Court" [PDF] published in February 2010 issue of CCLR by courtesy of Lexxion Publisher, Berlin, Germany.
Client Alert | February 10, 2010
New York partner Georgia Winston is the co-author of "DOJ, Heal Thyself" [PDF] published in the February 2010 issue of ALM's Law Journal Newsletters: Business Crimes Bulletin.
Client Alert | February 8, 2010
At a meeting held on January 27, 2010, the Securities and Exchange Commission ("SEC") approved by a 3-2 vote an interpretive release (the "Interpretive Release") providing guidance to public companies on the SEC’s existing disclosure requirements as they apply to climate change matters.
Client Alert | February 4, 2010