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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Section 1519:Why Obstructing an Investigation By Company Counsel May Now Be a Federal Crime

Los Angeles partner Michael Farhang is the author of "Section 1519:Why Obstructing an Investigation By Company Counsel May Now Be a Federal Crime" [PDF] published in the March 13, 2009 issue of BNA's White Collar Crime Report.Reproduced with permission from White Collar Crime Report, 4 WCR 191 (Mar.

Client Alert | March 13, 2009

Still Divisive-PSLRA Discovery Stay

New York of counsel Richard Cashman is the author of  "Still Divisive-PSLRA Discovery Stay" [PDF] published online by Law360 on March 12, 2009 at law360.com.

Client Alert | March 12, 2009

Hedge Funds in the Crosshairs: The Year in Review

Washington, D.C. partner Barry R. Goldsmith, associates Daniel H. Ahn and Brian D. Boone are authors of "Hedge Funds in the Crosshairs: The Year in Review" [PDF] published in the March 11, 2009 issue of BNA's Securities Law and Regulation.

Article | March 11, 2009

Recent Supreme Court Decision Limits Ability To Find That Federal Regulations Preempt Causes of Action Under State Law

On Wednesday, March 4, 2009, the Supreme Court released a decision holding that federal approval of labels giving warnings about the effects of drugs does not pre-empt lawsuits bringing state law claims of inadequate warnings.

Client Alert | March 10, 2009

Federal Circuit Agrees to Reconsider Extraterritorial Reach of Patent Laws

The United States Court of Appeals for the Federal Circuit has granted en banc rehearing in Cardiac Pacemakers, Inc. et al. v. St. Jude Medical et al., a case with important ramifications for all companies that do business both in the United States and abroad.  The question that the en banc Court has agreed to decide is "does 35 U.S.C.

Client Alert | March 10, 2009

Ninth Circuit Declines En Banc Review of San Francisco Mandated Health Care Law; Supreme Court Review Possible

Today, the full Ninth Circuit Court of Appeals declined to reconsider an earlier, 3-judge panel decision that upheld a San Francisco ordinance requiring employers to make health care expenditures on behalf of employees.  The Ninth Circuit's ruling in Golden Gate Restaurant Ass'n v. City and County of San Francisco, No.

Client Alert | March 9, 2009

The Papillon Decision: Upcoming French Tax Group Reform

Paris associate Jérôme Delaurière is the author of "The Papillon Decision: Upcoming French Tax Group Reform" [PDF] published in the March 9, 2009  issue of  Tax Analysts's Tax Notes International (pg.903).

Client Alert | March 9, 2009

Congressional Investigation, Bill Focus on Offshore Tax Havens

A key Senate investigative body this week continued its series of investigative hearings on offshore tax havens and tax abuse, focusing on the strict secrecy in which U.S.

Client Alert | March 6, 2009

Vapor Intrusion: New Exposures, Old Sites

Orange County associates Sarah Schlosser and Tu-Quyen Pham are authors of "Vapor Intrusion: New Exposures, Old Sites" [PDF] published online by Law360 on March 6, 2009 at law360.com.

Client Alert | March 6, 2009

Proposed Amendments to the Delaware General Corporation Law

Significant proposed amendments to the Delaware General Corporation Law dealing with proxies and stockholder meetings, among other items, have been submitted to the Delaware State Bar Association for approval.

Client Alert | March 5, 2009

Seventh Circuit Issues an Important Opinion Regarding the Statute of Limitations for SEC Civil Fines

In recent years, Securities and Exchange Commission ("SEC") enforcement investigations have become extended and enforcement actions have often been commenced five years or more after the events that form the basis for the claim.  As a result, lawyers for persons who are involved in SEC investigations are frequently asked to sign agreements tolling the running of the statute of limitations.  On February 26, 2009, the United States Court of Appeals for the Seventh Circuit issued a significant decision in Securities and Exchange Commission v. Koenig (Docket No.

Client Alert | March 5, 2009

Obama Administration Undertakes Review of Procurement Law

This week President Barack Obama has given a strong indication that--along with a slew of other big ticket items--government procurement reform will be one of his administration's priorities.  Though procurement reform was not touted during the campaign and was largely absent from the initial introduction to the administration's agenda, the President and a bipartisan team of senators have championed two changes, in as many days, to the awarding and oversight of government contracts.  The legislation has only been proposed and the President has only ordered a review of the procurement process, but the emphasis is likely indicative of more proposals and changes to come.  With daily pledges for both additional government spending and renewed fiscal responsibility, the President

Client Alert | March 5, 2009

Financial Markets in Crisis: TALF Launched; Executive Compensation Restrictions Will Not Apply

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 | March 4, 2009

Tenth Circuit Affirms Award of Costs to Prevailing Defendants in What Plaintiffs Claim Is the Highest Costs Award in the History of American Jurisprudence

We issued a Client Alert on February 19, 2009 on the Tenth Circuit opinion setting forth a robust analysis of the loss causation burden under the federal securities laws.

Client Alert | March 3, 2009

SLUSA Precludes ‘Actions,’ Not Claims

Washington, D.C. partner Mark A. Perry and associate Indraneel Sur are the authors of "SLUSA Precludes 'Actions,' Not Claims" [PDF] published in the March 2009 issue of Mealey's Emerging Securities Litigation.

Client Alert | March 2, 2009

Can Professional Ethics Wait? The Need for Transparency in International Arbitration

London partner Cyrus Benson is the author of "Can Professional Ethics Wait? The Need for Transparency in International Arbitration" [PDF] published in the March 2009 issue of International Bar Association's Dispute Resolution International.

Client Alert | March 2, 2009

Where Have All the Deals Gone?

Orange County partner John M. Williams III and associate Theodore Kim are the authors of "Where Have All the Deals Gone?" [PDF] published in the March 2009 issue of the Orange County Business Journal.

Client Alert | March 2, 2009

Cession d’une filiale intégrée et procédure collective

Paris partner Jérôme Délaurière and associate Charlotte Prest are the authors of "Cession d’une filiale intégrée et procédure collective" [PDF] published in the March 2, 2009 issue of Option Finance.

Client Alert | March 2, 2009

McDonald v. Sun Oil: The Ninth Circuit’s Constitutionally Questionable Expansion of CERCLA’s Toxic Tort Discovery Rule

Washington, D.C. partner Peter E. Seley and associate Coral A. Shaw are authors of "McDonald v. Sun Oil: The Ninth Circuit's Constitutionally Questionable Expansion of CERCLA's Toxic Tort Discovery Rule" [PDF] published in the March 2009 issue of ELI's Environmental Law Reporter.

Client Alert | March 2, 2009

To Day 100 and Beyond: The Antitrust Enforcement in the Obama Administration

New York partner Stacey Anne Mahoney is the author of "To Day 100 and Beyond: The Antitrust Enforcement in the Obama Administration" [PDF] pulished in the March 2009 issue of ABA's Corporate Counseling Committee's newsletter, The Antitrust Counselor.Reprinted with permission from Antitrust Counselor, March 2009, © 2009, the American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express or written consent of the American Bar Association.

Client Alert | March 1, 2009