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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U.S. Supreme Court to Decide for the First Time the Limits on “Honest Services” Mail Fraud Prosecutions for Private-Sector Conduct

On May 18, 2009, the United States Supreme Court granted certiorari in Conrad M. Black v. United States, No. 08-876, agreeing to decide whether and to what extent private sector conduct can be prosecuted under 18 U.S.C.

Client Alert | May 19, 2009

Undone Deals

Mergers and acquisitions have been hit hard by the downturn, with Thomson Reuters reporting that the ratio of "withdrawn deals" to completed deals in 2008 was at an all-time high - higher even than during the tech meltdown of 2001.The U.S.

Client Alert | May 19, 2009

Deal-Breakers

The economic downturn has virtually frozen acquisition financing and collapsed the value of many companies, which is credited for breaking up numerous acquisitions.

Client Alert | May 18, 2009

Will ‘Bridge’ Lead to More RICO Fraud-Based Certifications

Washington, D.C. partner Andrew Tulumello, New York partner Aric Wu and Washington, D.C. associate Brian D. Boone are the authors of "Will 'Bridge' Lead to More RICO Fraud-Based Certifications?" [PDF] published in the May 18, 2009 issue of the New York Law Journal.

Client Alert | May 18, 2009

SEC Proposes Additional Custody Requirements for Investment Advisers

On May 14, 2009, the U.S. Securities and Exchange Commission held an open meeting to consider proposed amendments to rule 206(4)-2 under the Investment Advisers Act of 1940.  According to Andrew J.

Client Alert | May 15, 2009

A Potentially Game-Changing Ruling on CERCLA Liability

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jennifer D. Greenston are the authors of "A Potentially Game-Changing Ruling on CERCLA Liability" [PDF] published in the May 14, 2009 issue of The Daily Journal.

Client Alert | May 14, 2009

A 9/11-Style Independent Commission for Financial Regulatory Reform Looms on the Horizon

This May 2009 alert focuses on Congress' expected creation of an independent commission to examine the domestic and global causes of the U.S. financial and economic crisis. 

Client Alert | May 13, 2009

SEC Director of Enforcement Robert Khuzami Outlines Plans To Revitalize Enforcement

The Securities and Exchange Commission's newly-appointed Director of the Division of Enforcement, Robert Khuzami, outlined a plan of aggressive enforcement of securities laws during his testimony to the U.S.

Client Alert | May 11, 2009

The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn Bergmann Marsh are the authors of "The Trouble With Angels: Carbon Capture and Storage Hurdles and Solutions" [PDF] published in the May 8, 2009 issue of BNA Inc.'s World Climate Change Report.

Client Alert | May 8, 2009

Carbon Sequestration

Washington, D.C. of counsel Charles H. Haake and staff attorney Karyn B. Marsh are the authors of "Carbon Sequestration" [PDF] published in the May 8, 2009 issue of BNA's World Climate Change Report.

Client Alert | May 8, 2009

Environmental Compliance Review Required for Projects Funded Under the American Recovery and Reinvestment Act of 2009

In February, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ("ARRA"), a $787 billion economic stimulus package that provides funding for investments in infrastructure, energy efficiency, health care, education, science, and other sectors.

Client Alert | May 7, 2009

The Intersection of CPISA and Wyeth

Los Angeles partner Jeffrey D. Dintzer, of counsel Brett H. Oberst and associate Lindsay K. Larris are the authors of "The Intersection of CPISA and Wyeth" [PDF] published online by Law360 on May 6, 2009 at law360.com.

Client Alert | May 6, 2009

President Obama’s International Tax Proposals

On Monday, President Obama released the details of his Administration's plan to reform the tax treatment of offshore earnings and combat tax havens.  Crediting House Ways and Means Chairman Charles Rangel, Senate Finance Committee Chairman Max Baucus, Senator Carl Levin and Congressman Lloyd Doggett, the President announced a plan that would make several major substantive tax law changes, including reforming the deferral of income earned overseas, taxing certain foreign subsidiaries as corporations, and limiting the application of the foreign tax credit.  The plan also includes several efforts to improve international tax compliance, such as strengthening certain information reporting requirements and increasing the IRS' enforcement tools.  The Administration anticipates tha

Client Alert | May 6, 2009

Supreme Court Decision Diminishes the Scope and Sting of CERCLA Liability for Some

In a nearly unanimous decision authored by Justice Stevens, the Supreme Court in Burlington Northern & Santa Fe Railway Co. v. United States took much of the sting out of a party’s Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) liability if that party makes a reasonable showing that its contribution to the contamination at issue is divisible.

Client Alert | May 6, 2009

NYSE Amends Immediate Release Policy on Disclosure of Material Information

The New York Stock Exchange has amended its immediate release policy governing listed companies' disclosure of material information.  As amended, the policy, which is set forth in NYSE Rule 202.06, allows companies to comply with the policy by using any method of disclosure allowed by Regulation Fair Disclosure (FD), rather than exclusively by press release as under the former rule.

Client Alert | May 6, 2009

Environmental News: Climate Change – May 2009

May 2009The second 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 | May 5, 2009

Judge Issues a “Wake-Up Call” to New York Lawyers: When it Comes to Search Terms, Play Nice and Plan Ahead

New York partner Jennifer Rearden and associate Farrah Pepper are the authors of "Judge Issues a "Wake-Up Call" to New York Lawyers: When it Comes to Search Terms, Play Nice and Plan Ahead" [PDF] published in the May 2009 issue of Bloomberg Law Reports. 

Client Alert | May 5, 2009

Financial Markets in Crisis: TARP Special Inspector General Focusing Oversight on Executive Compensation, Use of TARP Funds, and TALF and PPIP Programs

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 | May 4, 2009

Perchlorate Challenges Obama’s Pledge to Give Primacy to Science at EPA

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jessica D. Greenston are the authors of "Perchlorate Challenges Obama's Pledge to Give Primacy to Science at EPA" [PDF] published in the May 4, 2009 issue of BNA's Chemical Regulation Reporter.

Client Alert | May 4, 2009