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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Federal Court of Appeals Vacates SEC’s Regulation of Hedge Funds

The Court's DecisionThe Federal Court of Appeals for the D.C. Circuit has vacated the SEC's rule regulating hedge funds under the Investment Advisers Act.

Client Alert | June 26, 2006

Supreme Court Ruling Gives Broad Protection to Employees Claiming Retaliation Under Title VII

On June 22, 2006 the Supreme Court resolved a significant rift among lower courts and established broad protection for employees claiming retaliation based on complaints of workplace discrimination.

Client Alert | June 23, 2006

France increases protection mechanism against insider trading with the obligation for issuers whose securities are listed on the Euronext Paris Exchange to establish “Insider lists”

In order to better control market abuses and insider trading, EU Directive n° 2003/6/CE, dated January 28, 2003, on insider trading and market manipulation has been recently transposed into French law, through Law N° 2005-811 dated July 20, 2005. Pursuant to this law, article L.

Client Alert | June 12, 2006

United States Announces Venezuela Arms Embargo, Additional Export Restrictions Possible

On May 15, 2006, the United States Department of State announced an arms embargo against Venezuela, identifying that country as not fully cooperating with U.S.

Client Alert | June 8, 2006

Normalized United States-Libya Relations Expected to Ease Export Restrictions

In a May 15, 2006 announcement, the Bush Administration signaled Libya's removal from the list of countries not supporting U.S. antiterrorism efforts and the reopening of diplomatic relations with Libya.

Client Alert | June 8, 2006

A Hiccup for Security-Based Data Transfers to the US

On 30 May 2006 the European Court of Justice ('ECJ') annulled the decisions of the European Commission and the Council that led to the transfer of personal data relating to passengers on flights to, from or across US territory to US authorities.

Client Alert | June 1, 2006

Wanted: An Ethical Compass

London Partner Cyrus Benson is the author of "Wanted: An Ethical Compass" [PDF], which appeared in Global Arbitration Review, Volume 1, Issue 3, June 2006.

Client Alert | June 1, 2006

Audit Committee Liability: Recent Actions Against Audit Committee Members

Gibson Dunn partner Jon Dickey and associate Daniel Muino are authors of "Audit Committee Liability: Recent Actions Against Audit Committee Members," prepared for a July 19, 2006 PLI Audit Committee Workshop.    

Client Alert | May 31, 2006

Supreme Court’s Decision That Statements Made in the Course of Official Job Duties Are Not Protected Has Implications for Sarbanes-Oxley Whistleblower Cases

The Supreme Court’s decision yesterday regarding the First Amendment rights of government employee “whistleblowers” may also have important implications for whistleblower litigation involving private employers, including litigation under the whistleblower protection provision of the Sarbanes-Oxley Act. In Garcetti v. Ceballos, the Supreme Court ruled 5-4 that statements made by public employees in the course of performing their official job duties are not protected by the First Amendment and may be the basis for discipline by the employer.

Client Alert | May 31, 2006

Client Caution: Settlement Discussions and Documents May Not Be Protected from Future Discovery

When a company engages in settlement discussions with the federal government or a civil plaintiff in one case, can those communications be the subject of discovery in a different lawsuit?

Client Alert | May 25, 2006

SEC and PCAOB Announce Plans for Improving Implementation of Section 404 Internal Control Reporting Requirements

 The Securities and Exchange Commission ("SEC") and the Public Company Accounting Oversight Board ("PCAOB") issued separate press releases on May 17, 2006, announcing their plans to improve the implementation of the Section 404 internal control reporting requirements of the Sarbanes-Oxley Act of 2002.

Client Alert | May 23, 2006

OFAC Adopts New Regulations Concerning Business Transactions with the Palestinian Authority

Effective May 10, 2006, OFAC amended its Global Terrorism Sanctions Regulations, Terrorism Sanctions Regulations and Foreign Terrorist Organizations Sanctions Regulations to add general licenses (referred to below as "the May 10 amendments") authorizing certain transactions with the Palestinian Authority (PA).

Client Alert | May 17, 2006

Acting in Concert

Munich partner Philip Martinius and associate Markus Nauheim are authors of "Acting in Concert" [PDF in German] published in the German capital markets magazine GoingPublic.  The article deals with the legal watch-outs regarding the acting in concert of investors as stock holders of German companies.Reprinted with Permission

Client Alert | May 13, 2006

Poison Pills “à la française”: France Implements the EU Directive on Takeovers

On April 1, 2006, France implemented the April 21, 2004 EU Directive on Takeovers.

Client Alert | April 27, 2006

SEC Approves PCAOB’s Ethics and Independence Rules Concerning Independence, Tax Services and Contingent Fees

On April 19, 2006, the Securities and Exchange Commission ("SEC") approved new auditor independence and ethics rules proposed by the Public Company Accounting Oversight Board ("PCAOB").  These new rules focus on an auditor’s provision of tax services to public company audit clients and prohibit contingent fee arrangements for services provided to audit clients.As discussed in more detail below, the PCAOB’s new rules include several important matters for issuers to consider.  For example, the PCAOB’s new rules include specific guidance regarding the manner in which audit committees are to pre-approve permissible tax services to be performed by the outside auditor.  The rules also restrict an outside auditor from providing tax services to persons at a

Client Alert | April 26, 2006

Gibson Dunn Partners Participate in Panel on Executive Compensation, Corporate Penalties and Internal Investigations

Gibson Dunn partners Amy Goodman and Tim Roake participated in a recent Corporate Governance Forum hosted by the Daily Journal Corporation and reprinted in the Spring 2006 issue of 8-K magazine.

Client Alert | April 25, 2006

The Tail That Wags the Dog: Parts Originally Designed for Military Applications Can Control Licensing Requirements for Contemporary End Products

In a case that demonstrates the risks associated with the cross-utilization of even minor components in military and commercial applications, a major aerospace company recently agreed to pay $15 million to settle allegations that it violated the Arms Export Control Act ("AECA"), as implemented by the International Traffic in Arms Regulations ("ITAR").

Client Alert | April 17, 2006

Private Rights of Action and the Sarbanes-Oxley Act of 2002

Gibson Dunn partner Robert F. Serio and associate Matthew S. Kahn are the authors of "Private Rights of Action and the Sarbanes-Oxley Act of 2002" [PDF] which appeared in the April 17, 2006 issue of Securities Regulation & Law Report.Reprinted by permission

Client Alert | April 17, 2006

Foreign Investment Update and Outlook from the Gibson Dunn Public Policy Group

In the days after the Dubai Ports World deal failed, more than twenty different pieces of legislation were introduced in the Congress. In recent weeks, there have been a series of Committee hearings on these various legislative proposals that would affect foreign investment in the United States, including the interagency process by which such investments are overseen.There are two main pieces of legislation that will bear watching in coming weeks and are likely to be enacted into law this summer.

Client Alert | April 11, 2006

The United States Sentencing Commission Votes to Eliminate Requirement That Corporations Waive Attorney-Client Privilege to Earn Credit for Cooperating with Government

The United States Sentencing Commission voted unanimously on April 5 to eliminate language from the Federal Sentencing Guidelines that requires corporations to waive the attorney-client privilege and work product protections in certain circumstances in order to earn sentencing credit for cooperation with a government investigation.

Client Alert | April 6, 2006