Publications - Gibson Dunn


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 in District of Columbia Finds EPA’s Administration of Section 106 of CERCLA Not a Violation of Due Process

On January 27, 2009, in General Electric v. EPA, 2009 U.S. Dist. LEXIS 5379 (D.C. Jan. 27, 2009), the United States District Court for the District of Columbia held that the "unilateral administrative order" regime under section 106 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), as administered by the Environmental Protection Agency ("EPA"), does not offend due process.

Client Alert | February 6, 2009

Financial Markets in Crisis: Executive Compensation Limits Tightened; Lobbyists’ TARP Access Restricted

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.

Client Alert | February 4, 2009

5th Annual Webcast Briefing on Challenges in Compliance and Corporate Governance

Our Program:This complimentary briefing addresses the latest challenges in-house counsel, directors and senior executives face in developing, implementing and monitoring effective compliance programs in the current environment of financial crisis coupled with a change of administration and the shift in programs and priorities that are sure to follow.

Client Alert | February 3, 2009

Three Executive Orders Signed Friday Increase Employment Requirements on Federal Contractors

Last Friday, January 30, President Obama signed three executive orders with important implications for the employment practices of federal government contractors.  One concerns reimbursement for activities intended to influence employee decisions about unionization, the second requires employers to post a notice of federal labor law rights and empowers the Secretary to debar federal contractors for noncompliance, and the third requires contractors to offer jobs to employees of a prior contractor in certain circumstances.  Together, the orders are among the first of what are expected to be numerous Administration initiatives to strengthen organized labor.The Order titled “Economy in Government Contracting” provides that contractors “shall treat as unallowable” the costs fr

Client Alert | February 2, 2009

Predatory Pricing and Unfair Trade Practices.

Washington, D.C. Partner Jarrett Arp made a presentation to the PLI Advanced Antitrust Seminar on "Predatory Pricing & Unfair Trade Practices" [link to PDF]

Client Alert | February 2, 2009

Postemployment Conflict-of-Interest Restrictions on Former Employees of the Executive Branch

Washington, D.C. partner Joseph D. West, Diana G. Richard and associate Christyne K. Brennan are authors of "Postemployment Conflict-of-Interest Restrictions on Former Employees of the Executive Branch" [PDF] published in the February 2009 issue of Thomson-Reuters/West's Briefing Papers.Reprinted with the permission of Thomson-Reuters/West.

Client Alert | February 2, 2009

Western District of Washington Limits Access To Section 113(f)(1) of CERCLA

A recent ruling from the Western District of Washington highlights the uncertainty facing litigants as district courts continue to struggle to apply the guidance found in the Supreme Court's two landmark CERCLA decisions, Cooper Industries v. Aviall Services, Inc., 543 U.S.

Client Alert | February 2, 2009

Senators Grassley and Levin Introduce Hedge Fund Transparency Act

Yesterday, Senators Charles Grassley (R-IA) and Carl Levin (D-MI) introduced the Hedge Fund Transparency Act ("HFTA"), which would require hedge funds, private equity and other private funds with $50 million or more in assets, or assets under management, to register with the Securities and Exchange Commission ("SEC"), notwithstanding the availability of exemptions from registration for privately offered funds under Sections 3(c)(1) and 3(c)(7) of the Investment Company Act of 1940 ("1940 Act"), as renumbered.

Client Alert | January 30, 2009

Commission on Wartime Contracting to Hold First Public Hearing

Congressional oversight of the on-going military actions in Iraq and Afghanistan will move to a new level when the Commission on Wartime Contracting (the "Commission"), also known as the Webb-McCaskill Commission, holds its first public hearing on Monday, February 2nd, 2009.  The Commission could become yet another source of scrutiny for some federal government contractors, as well as for future procurement and ethics reforms.

Client Alert | January 29, 2009

UK Employment and Labour Law — Quarterly Executive Summary (January 2009)

As a result of the current market conditions companies of all sizes and in all sectors are looking at ways of controlling costs. Cost cutting plans will inevitably include ways of reducing employee costs and headcount.

Client Alert | January 28, 2009

Amending Debt Terms – Important Tax Considerations

Recent instability in the debt markets has increased the tax risks associated with amending loan terms.  Proposed amendments to any loan should be examined to determine whether the amendment will result in a deemed exchange of the unmodified debt obligation for the modified debt obligation for U.S.

Client Alert | January 23, 2009

NYSE Temporarily Reduces Market Capitalization Requirement to $15 Million

On January 22, 2009, the New York Stock Exchange LLC (the "NYSE") filed a rule change with the Securities and Exchange Commission (the "SEC") that proposes to temporarily reduce from $25 million to $15 million the average market capitalization required of listed companies under Section 802.01B of the NYSE's Listed Company Manual (the "NYSE Manual").

Client Alert | January 23, 2009

Joint Justice Department and Manhattan District Attorney Investigation Results in Record $350 Million Payment for OFAC Violations

On January 9, 2009, the U.S. Department of Justice (see press release) and the New York County District Attorney's Office  ("NYDA") (see press release) announced that Lloyds TSB Bank plc ("Lloyds") agreed to forfeit $350 million and take other actions to resolve its liability for violating the International Emergency Economic Powers Act ("IEEPA") and U.S.

Client Alert | January 20, 2009

Short Selling Update: Developments from Global Regulators

Responding to market conditions in September 2008, the U.S. Securities and Exchange Commission (the "SEC" or "Commission") and other regulatory and governmental authorities around the globe took dramatic steps to address the market turmoil resulting from potentially manipulative short selling.  The measures released in September 2008 have been updated, particularly in the U.K.

Client Alert | January 19, 2009

Deadline Approaching for the Filing of Customer Claims in the SIPA Liquidation of Lehman Brothers Inc.

The bar date for the filing of customer claims in the SIPA liquidation of Lehman Brothers Inc. is fast approaching. We would like to remind you that claims must be received by the Lehman SIPA Trustee by January 30, 2009 in order to ensure that you maximize your recovery on the claim.

Client Alert | January 16, 2009

Financial Markets in Crisis: Summary Table of Federal Rescue Programs

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.

Client Alert | January 15, 2009

Financial Markets in Crisis: Congressman Frank’s TARP Reform Bill

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.

Client Alert | January 13, 2009

Fifteen Years of Antichurning: It’s Time to Make Butter

New York partner Romina Weiss is the author of "Fifteen Years of Antichurning: It's Time to Make Butter" [PDF] published in the January 12, 2009 issue of Tax Analysts.

Client Alert | January 12, 2009

2008 Year-End Hedge Fund Update: Enforcement and Regulatory Developments and Compliance Considerations

I.  Hedge Fund Enforcement Update   A.  Introduction 1.  2008--A Watershed Year in Hedge Fund Enforcement By virtually any measure, 2008 was a watershed year on the hedge fund enforcement front.  Driven by the turmoil that has reshaped our capital and credit markets, enforcement efforts soared to new heights.

Client Alert | January 9, 2009

SEC Reports to Congress on Mark-to-Market Accounting Study

On December 30, 2008, the Securities and Exchange Commission delivered to Congress a report, mandated by the Emergency Economic Stabilization Act, on mark-to-market accounting standards and their application to financial institutions.  The report concludes that fair value accounting standards should not be suspended, but makes eight recommendations to improve their application, including additional guidance for determining fair value in inactive markets.  The report finds that investors generally believe fair value accounting increases transparency and facilitates investment decision-making.  The report also observes that fair value accounting did not appear to play a meaningful role in the bank failures of 2008, but rather that those failures appeared to be the result of gr

Client Alert | January 9, 2009