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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The financial crisis and change in Administration have created a "perfect storm" in which significant changes in corporate governance are unfolding at both the state and federal level. As discussed below, Delaware has enacted changes in its General Corporation Law concerning stockholders' ability to nominate director candidates in a company proxy statement and to provide for reimbursement of proxy contest expenses, among other things, and the Securities and Exchange Commission ("SEC") is considering its own proxy access rule, as well as enhanced disclosure requirements relating to directors' experience, board leadership, risk oversight and compensation. In addition, we anticipate that corporate governance legislation will be introduced in Congress shortly.
Client Alert | April 30, 2009
London partner Paul Harter is the author of "Legal Tools for Private Equity in the Current Economic Environment" [PDF] featured in The 2008 report on Private Equity and Venture Capital in the Middle East published by KPMG, in association with the Gulf Venture Capital Association and Zawya.
Client Alert | April 30, 2009
Washington, D.C. partner Michael K. Murphy and associate Jessica D. Greenston are the authors of "CERCLA in the Post-Atlantic Research World: Some Emerging Questions" [PDF] published in the Sprin 2009 issue of ABA's The Environmental Litigator.Reprinted with permission from The Environmental Litigator Vol.
Client Alert | April 30, 2009
On April 13, 2009, the U.S. Department of Justice, Antitrust Division announced an unprecedented effort to proactively enforce criminal antitrust laws by establishing a new "Citizen Complaint Center" to accept reports of potential collusive conduct and fraud in procurement and grant awards under the American Recovery and Reinvestment Act of 2009 ("Recovery Act"), which President Obama signed into law on February 17, 2009.
Client Alert | April 29, 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 | April 28, 2009
On April 20, 2009, the Supreme Court of California narrowed the scope of California's Consumers Legal Remedies Act ("CLRA") by holding in a unanimous opinion that life insurance is not a "good" or "service" subject to the CLRA. Fairbanks v. Superior Court (Farmers New World Life Ins.
Client Alert | April 27, 2009
Orange County partner Michele L. Maryott is the author of "The Trial on Paper: Key Considerations for Determining Whether to File a Summary Judgment Motion" [PDF] published in the Spring 2009 issue of ABA's Litigation.
Client Alert | April 27, 2009
In December 2008, USA Today published a special report entitled “The Smokestack Effect: Toxic Air and America’s Schools.” The report purports to evaluate industrial pollution at 127,800 public and private schools across the country.
Client Alert | April 24, 2009
Los Angeles partner Gail E. Lees, Washington, D.C. partner Andrew S. Tulumello, San Francisco partner Charles Nierlich, Dallas associate Mark Whitburn and Los Angeles associate Christopher Chorba are the authors of "2009: First-Quarter Update on Class Action Trends" [PDF] published in the April 24, 2009 issue of BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 10 CLASS 399 (Apr.
Client Alert | April 24, 2009
On March 25, 2009, the Securities and Exchange Commission's Division of Corporation Finance (the "Division") issued new and revised interpretations regarding the operation of pre-established trading plans and instructions designed to satisfy Rule 10b5-1(c) under the Securities Exchange Act of 1934 (the "Exchange Act"), which provides an affirmative defense from insider trading liability. These revisions were made in the context of the Division updating its Compliance and Disclosure Interpretations ("CDIs") under the Exchange Act to include the Division's existing Rule 10b5-1 interpretations (which were issued as "frequently asked questions" in May of 2001 and December of 2000). The Exchange Act CDIs are available at http://www.sec.go
Client Alert | April 24, 2009
Washington, D.C. partner Jason Schwartz and associate Michael Billok are the authors of "Evolving Employment Authorization Enforcement" [PDF] published online by Law360 on April 21, 2009 at law360.com.
Client Alert | April 21, 2009
The Environmental Protection Agency recently took a first key step towards regulating greenhouse gas emissions from new motor vehicles by announcing its proposed endangerment finding under Section 202(a) of the Clean Air Act.
Client Alert | April 20, 2009
In the next weeks, an important amendment to the German Foreign Trade and Payments Act (Außenwirtschaftsgesetz – AWG) will enter into force. This change of law results from an intensive public debate in the summer of 2008 regarding investments by foreign sovereign wealth funds and other foreign investors in Germany.
Client Alert | April 17, 2009
On April 1, 2009, in the case of Entergy Corp. v. Riverkeeper, Inc., the United States Supreme Court held that when legislation does not clearly prohibit the use of a cost-benefit analysis, the Environmental Protection Agency ("EPA") may set a regulatory standard on grounds that the costs outweigh the benefits of a higher, more protective, standard.
Client Alert | April 13, 2009
In recent months, the equity markets have become increasingly more volatile, while the debt markets remain largely inaccessible for all but the most creditworthy issuers.
Client Alert | April 13, 2009
On May 1, 2009, the Federal Trade Commission ("FTC") will begin enforcement of the new "Red Flags Rule," a little known regulation that likely impacts a surprisingly large number of business entities.The Red Flags Rule, which was developed pursuant to the Fair and Accurate Credit Transactions Act of 2003 and is codified at 16 C.F.R.
Client Alert | April 9, 2009
The Financial Services Authority (FSA), the UK's financial services regulator, has in the past month given three signals it is no light-touch enforcer.
Client Alert | April 9, 2009
Today, the Securities and Exchange Commission unanimously approved publication of a release proposing multiple price tests and circuit breakers to limit short selling.
Client Alert | April 8, 2009
Congressman Sander Levin (D-Mich.) recently reintroduced legislation in the House that would tax income and gains associated with "carried interests" as ordinary income.
Client Alert | April 7, 2009
New York partners Jonathan C. Dickey and Marshall R. King are the authors of "Delaware's Duty of Oversight - Directors Prevail in the Citigroup Subprime Litigation" [PDF] published in the April 2009 issue of Thomson Reuters's Securities Litigation Report.
Client Alert | April 6, 2009