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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German Parliament Passes Public REIT Introduction Act

I. Introduction/Status of German REIT LegislationOn March 30, 2007, the German Public REIT Introduction Act ("G-REIT Act") was passed by all German legislative bodies and becomes effective retroactively as of January 1, 2007.

Client Alert | March 30, 2007

Cost & Pricing Issues

Gibson Dunn partner Karen Manos is the co-author of "Cost & Pricing Issues" [PDF] which appears in  the West Group Government Contracts Year in Review 2007.  

Client Alert | March 30, 2007

Chiquita Brands International, Inc. Pleads Guilty to Doing Business with a Terrorist Organization

On March 19, 2007, Chiquita Brands International, Inc. pleaded guilty to one count of doing business with a terrorist organization. James Thompson, senior vice president and general counsel for Chiquita, entered the plea on behalf of the company in the U.S.

Client Alert | March 23, 2007

Fifth Circuit Narrows Scope of Liability Under Federal Securities Anti-Fraud Statute, and Rejects Class Certification in Enron Securities Litigation

In a decision having important implications both for the scope of liability under the securities laws and for class certification in general, on March 19, the Fifth Circuit ruled that a securities fraud action against certain financial institutions that participated in transactions with Enron Corporation could not proceed as a class action.

Client Alert | March 22, 2007

UK Court of Appeal Confirms That Documents Created by Regulators Are Not Always Protected from Production in Court Proceedings

Questions have arisen in England concerning the production of documents, created in the context of an investigation by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in subsequent legal proceedings.

Client Alert | March 16, 2007

Defining “Increased Costs in the Aggregate”

The Federal Acquisition Regulation, as amended in 2005, prohibits contractors from combining multiple cost accounting changes that take effect on the same day unless all of the changes result in increased costs to the government.

Client Alert | March 15, 2007

SEC Staff Releases Additional Guidance Regarding Proxy Statement Disclosures

The staff of the Division of Corporation Finance at the Securities and Exchange Commission (SEC) today released new Compliance and Disclosure Interpretations (previously known as "telephone interpretations") with respect to SEC rules concerning a variety of matters required to be disclosed in proxy statements.

Client Alert | March 15, 2007

Insider Trading Prosecutions Return: What Public Companies Should Do Now

On successive days this month, the Securities and Exchange Commission and the Department of Justice announced major enforcement actions alleging insider trading in connection with merger and acquisition activity.

Client Alert | March 15, 2007

U.S. Treasury Department Formally Severs Ties Between U.S. Financial Institutions and Banco Delta Asia

On March 14, 2007, Stuart Levey, the Undersecretary for Terrorism and Financial Intelligence at the U.S. Treasury Department, announced the issuance of a final rule under Section 311 of the USA PATRIOT Act that, in 30 days, will bar U.S.

Client Alert | March 15, 2007

“Employee Free Choice Act” Would Implement Most Sweeping Labor Law Changes in Decades, Strengthening Unions’ Hand in Both Organizing and Negotiations

On March 1, 2007 by a vote of 241 - 185, the House passed the proposed "Employee Free Choice Act" (H.R. 800). H.R. 800 has been put forward by the unions who express frustration with strong management campaigns against unionization and lengthy delays in obtaining first union contracts after union recognition.

Client Alert | March 14, 2007

COFC Reconsiders CAS 413 Ruling

Gibson Dunn partner Karen Manos is the author of "COFC Reconsiders CAS 413 Ruling" [PDF] which appears in  49-9 Government Contractor ¶ 95.  

Client Alert | March 7, 2007

U.S. Attorney Charges Two in Cuba Religious Travel License Fraud Scheme

The U.S. Attorney for the Southern District of Florida has charged defendants Victor Vazquez and David Margolis with conspiring to violate U.S. sanctions laws restricting travel to Cuba.

Client Alert | March 5, 2007

REIT-Modelle im Vergleich (Comparing REIT Models)

Munich partner Hans Martin Schmid, of counsel Christian Schmidt, Los Angeles partner Dhiya El-Saden, London partner Nicholas Aleksander and Paris partner Ariel Harroch are authors of "REIT-Modelle im Vergleich" [PDF] (the article is in German and roughly translates as "Comparing REIT Models") published in the German real estate magazine Immobilienwirtschaft.  The article compares the German, UK, French and U.S.

Client Alert | March 1, 2007

Perchlorate: Political Rocket Fuel

Los Angeles Partner Jeffrey Dintzer and Associate Brett Oberst are the authors of "Perchlorate: Political Rocket Fuel" [PDF] published in The Recorder’s special report issue of The Environmental Law.

Client Alert | February 28, 2007

Supreme Court Strengthens Constitutional Protections Against Arbitrary and Excessive Punitive Damage Awards

In a 5-4 opinion issued this week, the United States Supreme Court struck down a $79.5 million punitive damage award as unconstitutional under the Due Process Clause of the Fourteenth Amendment to the U.S.

Client Alert | February 23, 2007

Overview of and Practical Advice Regarding Final and Additional Proposed SEC Rules on Internet Availability of Proxy Materials

The Securities and Exchange Commission ("SEC") recently issued final rules that amend the proxy rules to allow public companies and other soliciting persons the option of delivering proxy materials (including the proxy statement, a proxy card, the "glossy" annual report and any additional soliciting materials) to shareholders via the Internet.

Client Alert | February 22, 2007

The Foreign Corrupt Practices Act: Recent Developments, Trends, and Guidance

Washington D.C. partner F. Joseph Warin and Denver partner Robert C. Blume are the authors of "The Foreign Corrupt Practices Act: Recent Developments, Trends, and Guidance" published in the February 2007 issue of Insights.

Client Alert | February 10, 2007

February 28 Deadline to Take Advantage of IRS Settlement Program for Stock Options and SARs Subject to Section 409A That Were Exercised in 2006

On February 8, the IRS Released Announcement 2007-18. Pursuant to the Announcement, employers may take advantage of a special settlement program (the "Program") to address the payment of additional taxes arising under Section 409A of the Internal Revenue Code as a result of an employee's exercise of a "discount" stock option or stock appreciation right in 2006.

Client Alert | February 9, 2007

2006 Year-End FCPA Update

This client update provides an overview of Foreign Corrupt Practices Act ("FCPA") enforcement activities in 2006, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit FCPA liability.FCPA OverviewThe FCPA’s anti-bribery provisions make it illegal to make payments of money or anything of value to any foreign government official or foreign political party in order to obtain or retain business or secure any improper advantage.  The anti-bribery provisions apply to "issuers," "domestic concerns," and "any person" that violates the FCPA while in the territory of the United States.  The term "issuer" covers any business entity that is registered under 15 U.S.C.

Client Alert | February 7, 2007

Fifth Circuit Issues Important Decision on Class Certification in ERISA “Stock Drop” Fiduciary Breach Litigation

A recent decision of the U.S. Court of Appeals for the Fifth Circuit has addressed one of the most important issues in the recent wave of ERISA fiduciary breach “stock drop” litigation.

Client Alert | February 5, 2007