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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
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
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
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
The U.S.
Client Alert | October 7, 2009
Orange County partner Mark W. Shurtleff is the author of "Risk Management and the Board of Directors" [PDF] published in the October 5, 2009 issue of the Orange County Business Journal.
Client Alert | October 5, 2009
The recent upheaval in English company law is almost over. The provisions of the Companies Act 2006 (the "2006 Act") have been coming into force in stages.
Client Alert | September 30, 2009
London partner Selina Sagayam is the author of "Remuneration Reform: G20 - Breakthrough?" [PDF] published in the September 30, 2009 issue of Euro Watch.
Client Alert | September 30, 2009
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 | September 24, 2009
Companies alleged to have caused contamination often face claims from third-party property owners alleging under common law nuisance or trespass that the contamination has caused a decrease in market value, often referred to as "stigma damage," to plaintiffs’ nearby property.
Client Alert | September 21, 2009
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is tracking closely government responses to the turmoil that has catalyzed dramatic and rapid reshaping of our capital and credit markets.We are providing updates on key regulatory and legislative issues, as well as information on legal issues that we believe could prove useful as firms and other entities navigate these challenging times.This update focuses on the Notice of Proposed Rulemaking issued on September 9, 2009 (the “Notice of Proposed Rulemaking”) by the Federal Deposit Insurance Corporation (the "FDIC") relating to the expiration of the issuance period for the Debt Guarantee Program, a component of the Temporary Liquidity Guarantee Program (the "TLGP"). The Notice of Proposed Rulemak
Client Alert | September 21, 2009