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Washington, D.C. partner Jason Schwartz and associate Daniel J. Davis are the authors of "Expanding DCHRA Beyond DC Employment" [PDF] published online by Law360 on November 5, 2009 at law360.com.
Client Alert | November 5, 2009
In January 2008, the Financial Services Authority (the "FSA") began a review of the UK listing regime. In what appears to be a diametric move from the increasing heavy handed approach of the FSA in other areas of financial regulation, under the new listing rules UK companies will now be allowed to take advantage of an easier route to achieving a listing on the main market of the London Stock Exchange.In a bid to maintain its position as a "premium quality" venue for main market listings in Europe whilst at the same time maintaining competitive tension as one of, if not the leading European exchange, the FSA undertook a lengthy consultation period reviewing the pros and cons of its "gold standard" listing regime and of the choices available for both UK an
Client Alert | November 4, 2009
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
Client Alert | November 4, 2009
Orange County partner Nicola T. Hanna and associate Scot J. Kennedy are the authors of "Corporate Officers Beware: SEC Fines U.S. "Control Persons" for FCPA Violations of Foreign Subsidiary" [PDF] published in the November 2009 issue of the Orange County Business Journal.
Client Alert | November 4, 2009
Los Angeles partner Gareth Evans and New York associate Farrah Pepper are the authors of "Federal Rule of Evidence 502: Getting to Know an Important E-Discovery Tool" [PDF] published in the November 2009 issue of Orange County Lawyer.
Client Alert | November 2, 2009
Washington, D.C. of counsel K. Susan Grafton is the author of "Recent SEC Rulemakings and Interpretations Affecting Hedge Funds and Their Managers" [PDF] that appeared in Hedge Fund Enforcement & Regulatory Developments 2009 published by Practising Law Institute in November 2009.
Client Alert | November 1, 2009
Two high-profile decisions have been published in the last two weeks regarding actions brought by UK Financial Services Authority ("FSA") against members of the financial services industry. Both cases show signs of an increased willingness on the part of those subject to FSA enforcement action to challenge the enforcement wing of the FSA but with variable levels of success. FSA Regulatory Decisions Committee overturns sanctions in FSA enforcement notice in market abuse case: In the first case, the FSA issued a decision on 7 October 2009, found two former Dresdner bankers had committed market abuse in March 2007 (by engaging in what was commonly known as "front running"), but following an appeal by the bankers (Christopher Parry and Darren Morton)
Client Alert | October 30, 2009
November 2009The fourth issue of Gibson, Dunn & Crutcher's Environmental News: Climate Change newsletter is now available. We hope you will find this periodic briefing on recent legal developments concerning climate change and greenhouse gas emissions informative.
Client Alert | October 28, 2009
On October 27, 2009, the Securities and Exchange Commission's Division of Corporation Finance (the "Division") issued Staff Legal Bulletin No. 14E (the "Bulletin"), which provides guidance relating to the excludability of certain shareholder proposals under the ordinary business exclusion in Rule 14a-8(i)(7) of the Securities Exchange Act of 1934, as amended ("Rule 14a-8(i)(7)").
Client Alert | October 27, 2009
New York partner Jennifer Rearden and associate Farrah Pepper are the authors of "If The Sedona Conference Builds It, Will They Cooperate? Year in Review" [PDF] published in the October 27, 2009 issue of the New York Law Journal.
Client Alert | October 27, 2009
Paris partner Benoit Fleury is the author of "Tunnelling through the wreckage" [PDF] published in the October 2009 issuse of The European Lawyer.
Client Alert | October 26, 2009
New York partner Lee Dunst is the author of "Human Rights Overseas" [PDF] published in the October 26, 2009 edition of New York Law Journal's GC Guide New York.
Client Alert | October 26, 2009
In a detailed ruling with important implications for any company doing business abroad, Judge Paul C. Huck of the United States District Court in Miami this week denied enforcement of a $97 million judgment that a Nicaraguan court had rendered against Dole Food Company, Inc.
Client Alert | October 23, 2009
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
Client Alert | October 22, 2009
On October 15, 2009, the IRS released the inflation-adjusted limitations applicable to tax-qualified retirement plans for 2010. Due to low inflation, the limitations have not changed from 2009. In addition to the impact of these limitations on tax-qualified retirement plans, the compensation limit under section 401(a)(17) of the Code also affects the amount of severance pay that may be excludable from coverage under section 409A of the Code in certain circumstances.
Client Alert | October 21, 2009
On 25 August 2009 (albeit the relevant decision has only recently been published), the Securities and Exchange Commission (the SEC) hit a stumbling block in its efforts to extend its jurisdiction to obtain documents and information from outside its territory, from the UK at least. Over recent years, international co-operation between regulators has increased, and has been reported to have increased, and a near assumption has arisen in the UK that, if the SEC asks for assistance from the UK's financial services regulator, the Financial Services Authority (the FSA), that assistance will be provided by the FSA and complied with by the relevant UK entity, irrespective of the time and cost involved in doing so.
Client Alert | October 19, 2009
The current economic and regulatory landscape poses unprecedented challenges for public companies and their boards of directors. They are facing scrutiny from shareholders, Congress, regulators and the public, and new proposals to address the causes of the financial crisis have been emerging on almost a daily basis for over a year now. Many of these proposals remain under consideration at a time when calendar-year companies are beginning preparations for the 2010 proxy season, complicating the planning process. The uncertainty of the current environment means that, with respect to many issues--such as the SEC's proxy access proposals--companies and their boards find themselves in a "wait and see" mode. Directors should remain informed during this time as n
Client Alert | October 15, 2009
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is closely tracking government responses to the turmoil that has catalyzed a dramatic and rapid reshaping of our capital and credit markets.
Client Alert | October 15, 2009
On September 29, 2009, a former CEO of a biopharmaceutical company was convicted of a wire fraud felony for his role in the alleged creation and dissemination of false and misleading information about the efficacy of a drug marketed by the company. The indictment of this executive by the Department of Justice (the "DOJ"), and his eventual conviction, represent important developments in the burgeoning enforcement efforts currently underway in the health care industry. Given recent trends in health care compliance enforcement, and in particular the government's focus on holding individuals accountable, companies and executives alike should prepare for continued scrutiny.The Proceedings The company, InterMune, Inc., allegedly marketed and sold the drug Actimmune as
Client Alert | October 7, 2009