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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New U.S. Anti-Terrorism Guidelines for Charities and Nonprofit Organizations

The U.S. Department of the Treasury has issued updated anti-terrorism guidelines for U.S.-based charities and nonprofit organizations. The U.S. Department of the Treasury Anti-Terrorist Financing Guidelines: Voluntary Best Practices for U.S.-based Charities, released September 29, is intended to help charities assess and develop their internal controls and protective measures to avoid involvement in terrorist support networks.

Client Alert | October 12, 2006

New Sarbanes-Oxley “Whistleblower” Decision Provides Important Clarification on Protected Activity

In one of the most important Sarbanes-Oxley " "whistleblower" decisions to date, the Department of Labor's Administrative Review Board ("ARB," or "Board") has reversed the decision of an Administrative Law Judge and ruled that FLYi, Inc.

Client Alert | October 5, 2006

UK Introduces Protection Against Age Discrimination for the First Time

On October 1st, 2006 the Employment Equality (Age) Regulations 2006 (the "Age Regulations") came into force.

Client Alert | October 5, 2006

IRS Extends Section 409A Transition Relief Through December 31, 2007

On October 4, the IRS issued long-expected guidance extending the transition relief under Section 409A of the Internal Revenue Code (the "Code"). As described below, subject to an exception for certain "in the money" stock options granted to Section 16 officers and directors of publicly-traded companies, Notice 2006-79 generally extends the key transition rules through December 31, 2007.Effective Date/Good Faith Reliance.

Client Alert | October 5, 2006

World Bank Announces New Voluntary Disclosure Program: Entities That Voluntarily Report Wrongdoing Will Not Face Sanctions

The World Bank has announced that its Board of Executive Directors has approved a new Voluntary Disclosure Program intended to encourage entities to report fraudulent and corrupt practices involving projects financed or supported by the World Bank.

Client Alert | October 3, 2006

Wave of Putative Class Actions Filed Against Sponsors of 401(k) Plans

A wave of putative class action lawsuits were filed last week against sponsors of 401(k) plans and other defined contribution retirement plans. The lawsuits were filed in federal courts throughout the country against some of the largest and best known companies in the U.S.

Client Alert | September 28, 2006

European Court of First Instance Delivers Important Judgment in the GlaxoSmithKline Case on Glaxo’s dual pricing practice to prevent parallel trade of pharmaceuticals in the EU

On 27 September 2006, the European Court of First Instance (CFI) delivered an important judgment in the GlaxoSmithKline (“Glaxo”) Case on Glaxo’s dual pricing practice to prevent parallel trade of pharmaceuticals in the EU.

Client Alert | September 27, 2006

European Court of Justice Delivers Important Judgment in Laserdisken Case on Interplay Between National and EU Copyright Law

On 12 September 2006, the European Court of Justice (ECJ) delivered an important judgment on the interplay between national and EU copyright law, a judgment which also has implications for the interplay between IP and antitrust in the EU.

Client Alert | September 19, 2006

Beware of OFAC

Partner Judith Lee and Of Counsel James Slear are authors of "Beware of OFAC" [PDF] published in September 2006 in the International Financial Law Review.Copyright 2006 by the International Financial Law Review.

Client Alert | September 15, 2006

Special problems concerning the Foreign Corrupt Practices Act in the People’s Republic of China

Partner Judith Lee and Of Counsel James Slear are authors of "Special problems concerning the Foreign Corrupt Practices Act in the People's Republic of China" [PDF] published in September 2006 in the IBA Legal Practice Division's Litigation Committee Newsletter.

Client Alert | September 13, 2006

Japanese leniency process evolves

Brussels Associate Vassili Moussis is the author of "Japanese leniency process evolves" [PDF] in the August 30, 2006 edition of Global Competition Review.--------------------------------------------------------------------------------Reprinted with permission.   www.GlobalCompetitionReview.com

Client Alert | September 11, 2006

2006 Bank Secrecy Act/Anti-Money Laundering Examination Manual Clarifies Elements of Effective OFAC Compliance Program for ACH Transactions

On July 28, 2006, the Federal Financial Institutions Examination Council (FFIEC) released the 2006 Bank Secrecy Act/Anti-Money Laundering Manual ("BSA/AML Manual").

Client Alert | September 11, 2006

United States Denies Large Iranian Bank All Access to U.S. Financial System

The United States Treasury Department announced today that Bank Saderat Iran will be denied even indirect access to the U.S. financial system, because of its efforts "to transfer money to terrorist organizations, including Hizballah, Hamas, the Popular Front for the Liberation of Palestine-General Command and Palestinian Islamic Jihad." Bank Saderat is one of the largest Iranian banks, with approximately 3,400 branch offices worldwide. Under the current rules, U.S.

Client Alert | September 8, 2006

OFAC Issues Interpretations on Iran and the Palestinian Authority

The Office of Foreign Assets Control ("OFAC") has taken two recent actions related to transactions with countries and entities in the Middle East. On July 20, 2006, OFAC issued a Statement of Licensing Policy that establishes a favorable licensing regime through which U.S.

Client Alert | September 7, 2006

An Overview of and Practical Guidance on the SEC’s New Rules Amending Executive Compensation, Related Party, Governance and Form 8-K Disclosure Requirements

The Securities and Exchange Commission (“SEC”) has issued its new rules comprehensively revising the disclosure requirements for executive and director compensation, related party transactions, director independence and other corporate governance matters.  The final rules also modify the requirements for disclosing executive compensation actions and arrangements on Form 8-K.  With a few notable exceptions, the final rules as adopted are substantially similar to the SEC’s proposal from January 2006. The new rules will be effective for fiscal years ending on or after December 15, 2006, and therefore apply to disclosures of 2006 compensation in calendar-year companies’ 2007 proxy statements.  The new rules applicable to disclosure of executive compensation arrangem

Client Alert | September 1, 2006

Litigation and the Director

Jon Dickey and Aric Wu are authors of "Litigation and the Director," published in the Securities Litigation Report, July/August 2006. Reprinted with permission, Securities Litigation Report, copyright 2006 West Legalworks.

Client Alert | August 30, 2006

Doing Business in China – Unique Corruption Compliance Concerns and Strategies

Partner Judith Lee and Of Counsel James Slear are authors of "Doing Business in China - Unique Corruption Compliance Concerns and Strategies" [PDF] published in August 2006 by the Washington Legal Foundation in their Contemporary Legal Note Series, No.

Client Alert | August 30, 2006

United States Revokes ITAR Licenses and Accelerates Venezuelan Arms Embargo

Effective August 17, 2006, the United States revoked all licenses and approvals authorizing the export of or other transfers of defense articles or services to Venezuela and will no longer authorize the export of such articles or services to Venezuela.

Client Alert | August 21, 2006

Department of Defense Proposed Rule Highlights Need for Effective Export Compliance Program

The Department of Defense (DoD) on August 14, 2006, published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for preventing the unauthorized disclosure of export-controlled information and technology under DoD contracts.

Client Alert | August 14, 2006

Alien Tort Claims Act Update: Ninth Circuit Reinstates Rio Tinto Lawsuit in the United States

On Monday, August 7, 2006, the Ninth Circuit reinstated a lawsuit brought by residents of Bougainville, Papua New Guinea (“PNG”) against London-based Rio Tinto PLC (“Rio Tinto”) under the Alien Tort Claims Act, 28 U.S.C.

Client Alert | August 10, 2006