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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Environmental News: Climate Change – September 2009

September 2009The third 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 | September 3, 2009

Important Reminder of Bar Date for Filing Claims Against Lehman Brothers Holdings and Related US Debtors

For your information, the bar date for creditors to file proofs of claim based on claims against the Lehman Brothers Debtors is fast approaching. We would like to remind you that the deadline for most creditors to file claims is September 22, 2009, at 5:00 p.m.

Client Alert | September 2, 2009

A Renewed Emphasis on Upjohn Warnings

New York partner Lee Dunst and associate Daniel Chirlin are the authors of "A Renewed Emphasis on Upjohn Warnings" [PDF] published in the September 2009 issue of  Thomson Reuters's White-Collar Crime Litigation Reporter.Reprinted with the permission of Thomson Reuters.

Client Alert | September 1, 2009

Convertible Debt Exchange Offers: Considerations for Distressed Issuers

Orange County partner James Moloney and New York partner Glenn Pollner and associate Matthew Shaw are the authors of "Convertible Debt Exchange Offers: Considerations for Distressed Issuers" [PDF] published in the September-October 2009 issue of Deal Lawyers.

Article | September 1, 2009

Enforcement Action on Section 13(d) Disclosure Requirements For Institutional Investors Clarifies Exception for ‘Ordinary Course of Business’

New York partner Mark K. Schonfeld, Orange County partner James Moloney and Denver associate Monica K. Loseman are the authors of "Enforcement Action on Section 13(d) Disclosure Requirements For Institutional Investors Clarifies Exception for 'Ordinary Course of Business'" [PDF] published in the August 31, 2009 issue of BNA's Securities Regulation & Law Report.

Client Alert | August 31, 2009

Comment on Developing a Comprehensive Approach to Climate Change Mitigation Policy in the United States: Integrating Levels of Government and Economic Sectors

Washington, D.C. partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are the authors of "Comment on Developing a Comprehensive Approach to Climate Change Mitigation Policy in the United States: Integrating Levels of Government and Economic Sectors" [PDF] published in the August 2009 issue of the Environmental Law Reporter.

Client Alert | August 31, 2009

Release of FDIC Statement of Policy on the Acquisition of Failed Insured Depository Institutions

Gibson, Dunn & Crutcher LLP is closely monitoring risks and opportunities arising from the recent and dramatic reshaping of our capital and credit markets.  We are providing updates on key transactions as well as regulatory and other legal developments that we believe could prove useful to financial institutions, investors, financial sponsors and other entities.

Client Alert | August 28, 2009

In Environmental Cases, Petition Immunity Can Complement Pre-Emption

Orange County associate James M. Sabovich is the author of "In Environmental Cases, Petition Immunity Can Complement Pre-Emption" [PDF] published in the August 27, 2009 issue of the Los Angeles Daily Journal.

Client Alert | August 27, 2009

Stricter Rules for Remuneration of Management Board Members in German Stock Corporations — Extended Liability for Members of the Supervisory Board

On August 5, 2009, the German Act on the Appropriateness of Management Board Compensation (Gesetz zur Angemessenheit der Vorstandsvergütung, "VorstAG") came into force.

Client Alert | August 24, 2009

California’s Office of Environmental Health Hazard Assessment (OEHHA) Proposes New, More Stringent, Drinking Water Standard for Hexavalent Chromium

On August 20, 2009, California's Office of Environmental Health Hazard Assessment (OEHHA) announced a new, and significantly more stringent, proposed Public Health Goal (PHG) for the compound hexavalent chromium, or chromium(VI).

Client Alert | August 21, 2009

En Banc Federal Circuit Limits Scope of Patent Liability for U.S. Exports and Holds That Section 271(f) Does Not Apply to Method Claims

In an 11-1 en banc decision issued on August 19, 2009, the Federal Circuit has held that 35 U.S.C. § 271(f), which prohibits exporting the components of patented inventions, does not apply to method claims.

Client Alert | August 20, 2009

Cleaning Up Their Act

Los Angeles partner Jeffrey D. Dintzer, Los Angeles associate Krista L. Hernandez, and San Francisco associate Jenna Musselman Yott are the authors of "Cleaning Up Their Act" [PDF] published in the August 20, 2009 issue of the Los Angeles Daily Journal.

Client Alert | August 20, 2009

Pleading Scienter in the Ninth Circuit: Did Tellabs Really Change Much?

Los Angeles partner Gareth Evans and associate Alexander Mircheff are the authors of "Pleading Scienter in the Ninth Circuit: Did Tellabs Really Change Much?" [PDF] published in the August 17, 2009 issue of Bloomberg Law Reports - Securities Law. 

Client Alert | August 17, 2009

Using SOX ‘Clawback’ Against Uncharged Execs?

New York partner Mark K. Schonfeld and Washington, D.C. associate Matthew R. Estabrook are the authors of "Using SOX 'Clawback' Against Uncharged Execs?" [PDF] published online by Law360 on August 13, 2009 at law360.com.

Article | August 13, 2009

Labor Department Proposes Rules Requiring Government Contractors to Post Notice of Unionization Rights

Last week, the Department of Labor published in the Federal Register proposed regulations to implement President Obama's Executive Order requiring that government contracts include provisions regarding employees' unionization rights, that a notice of employees' rights under the federal labor laws be posted by the employer pursuant to those contracts, and authorizing the Secretary of Labor to investigate contractors' compliance with the Order and the accompanying Labor Department regulations.  74 Fed.

Client Alert | August 10, 2009

The Need for a Principled Approach to Compensation Reform

Washington, D.C. partner John F. Olson is the author of "The Need for a Principled Approach to Compensation Reform" [PDF] published in the August 7, 2009 issue of BNA's Corporate Accountability Report.Reproduced with permissions from Corporate Accountability Report, 7_CARE_32 (Aug.

Client Alert | August 7, 2009

SEC Issues Proposed Rule on “Pay to Play” Arrangements Involving Investment Advisers

On August 3, 2009, the Securities and Exchange Commission (the "SEC") published for comment new Rule 206(4)-5 under the Investment Advisers Act to prohibit "pay to play" arrangements by most investment advisers.

Client Alert | August 7, 2009

IRS Further Extends FBAR Filing Deadline to June 30, 2010 for Certain U.S. Persons

On August 7, 2009, the Internal Revenue Service ("IRS") announced that it was further extending the deadline for filing Reports of Foreign Bank and Financial Accounts ("FBARs") for calendar year 2008 and prior years for certain U.S. persons.

Client Alert | August 7, 2009

SEC’s Enforcement Director Robert Khuzami Emphasizes Changes and Accomplishments in First 100 Days

In his first speech as Director of the SEC's Division of Enforcement, on August 5, 2009, Robert Khuzami announced changes underway in the Division's procedures and organization that are intended to strengthen the agency's enforcement program.  Mr.

Client Alert | August 6, 2009

Physician-Consultants: Five Lessons Learned From the Orthopaedic Monitorships

Orange County partner Nick Hanna and associate Melissa Mills are the authors of "Physician-Consultants: Five Lessons Learned From the Orthopaedic Monitorships" [PDF] published in the August 2009 issue of the Orange County Business Journal.

Client Alert | August 3, 2009