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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Delay in Implementing Certain Aspects of the U.S.-Iraq SOFA against U.S. Contractors

The Status of Forces Agreement (SOFA) between the United-States and Iraq was scheduled to take effect on January 1, 2009.  Since the SOFA agreement became final on November 28, 2008, contractors operating in Iraq have had numerous questions on how the SOFA will be implemented and what effect it will have on their business operations.  One of the primary concerns for U.S.

Client Alert | January 5, 2009

2008 Year-End FCPA Update

By any measure, 2008 was a monster year in Foreign Corrupt Practices Act ("FCPA") enforcement.  With thirty-three enforcement actions between the Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC"), the statute's dual enforcers, 2008 was the second busiest numerical year on the books, trailing only 2007.  But beyond the numbers (after all, with the massive Siemens resolution, 2008 dwarfs all other years combined in fines and disgorgement), 2008 saw the FCPA's enforcement regime mature like never before.  There were no unimportant FCPA enforcement actions this year.  Whether the trend was increasingly aggressive enforcement against individuals, ramped up international coordination, the joining of FCPA prosecutions wi

Client Alert | January 5, 2009

Accounting for Climate Impacts Under the California Environmental Quality Act

Los Angeles partner Jeffrey D. Dintzer and associate Margaret A. Farrand are the authors of "Accounting for Climate Impacts Under the California Environmental Quality Act" [PDF] published in BNA Inc.'s Daily Environmental Report.

Client Alert | January 5, 2009

You Do Have A Voice In The Speaker’s Race

Dallas associate Lawrence VanDyke is the author of "You Do Have A Voice In The Speaker's Race" [PDF] published in print and online by the Austin-American Statesman on January 5, 2009.

Client Alert | January 5, 2009

Complying With The New Mandatory Disclosure Rule

Washington, D.C. partner Karen L. Manos is the author of "Complying With The New Mandatory Disclosure Rule" [PDF] published in the January 2009 issue of Thomson Reuters/West's Government Contract Costs, Pricing & Accounting Report.Reprinted with the permission of Thomson-Reuters/West.

Client Alert | January 1, 2009

Controlling Patent Trolling with Civil RICO

Washington, D.C. associate Blair Silver is the author of "Controlling Patent Trolling with Civil RICO" [PDF] published in the January 1, 2009 edition of the Yale Journal of Law and Technology.

Client Alert | January 1, 2009

Financial Markets in Crisis: TARP Covers Automakers; More TALF Details Announced

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 | December 24, 2008

New Bank Secrecy Act/Anti-Money Laundering Examination Manual for Money Services Businesses

On December 9, 2008, as anticipated, the Department  of the Treasury's Financial Crimes Enforcement Network ("FinCEN") issued the Bank Secrecy Act/Anti-Money Laundering Examination Manual for Money Services Businesses (the "Examination Manual" or "the Manual").  This 153-page document sets forth a road map for examinations by the Internal Revenue Service ("IRS"), to which FinCEN has delegated examination authority for Money Services Businesses ("MSBs") and other businesses that do not have a federal regulator but that have been designated as financial institutions under the Bank Secrecy Act and its implementing regulations (collectively, the "BSA").  The Manual is available from the FinCEN website, www.fincen.gov

Client Alert | December 23, 2008

Financial Services Regulatory Reform: Credit Default Swaps and the OTC Derivatives Market: Proposed Legislation & President’s Working Group Initiatives, including SEC Issuance of Temporary Exemptions for Central Counterparties

In connection with regulatory reform legislation anticipated to be introduced in the 111th Congress, consideration will be given to enacting proposals to further legislate the swaps market and, in particular, credit default swaps ("CDS") and the over-the-counter ("OTC") derivatives market.

Client Alert | December 23, 2008

E-Proxy Rules to Take Effect for All Public Companies on January 1, 2009

I. E-Proxy Update In 2007, the Securities and Exchange Commission (the "SEC") adopted rules providing for proxy materials (including the proxy statement, a proxy card, the "glossy" annual report and any other soliciting materials) to be made available to shareholders via a publicly accessible Internet website other than the SEC's EDGAR website (the "E-Proxy Rules").

Client Alert | December 19, 2008

CFIUS Guidance Alert

On December 8, 2008, the U.S. Department of the Treasury published in the Federal Register a notice providing guidance on the newly implemented amendment to Section 721 of the Defense Production Act of 1950.

Client Alert | December 18, 2008

Orange County Superior Court Rules Los Angeles Storm Water Standards in Violation of State Law

On November 26, the Orange County Superior Court ruled that Water Quality Standards for storm water promulgated by the Los Angeles Regional Water Quality Control Board ("Regional Board") in its Los Angeles Region Basin Plan were invalid under state law.

Client Alert | December 17, 2008

SEC Adopts New Interactive Data Format (“XBRL”) for Financial Reporting

On December 17, 2008, the Securities and Exchange Commission adopted a rule that will require issuers to file a supplemental exhibit "tagging" their financial statements with an interactive data format known as XBRL (eXtensible Business Reporting Language).

Client Alert | December 17, 2008

Financial Markets in Crisis: Oversight of Federal Rescue Efforts Ramps Up

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 | December 16, 2008

OFAC Issues Guidance to the Securities and Futures Industry

On November 5, 2008, the Department of the Treasury, Office of Foreign Assets Control ("OFAC") issued guidance, Opening Securities and Futures Accounts from an OFAC Perspective, to make it clear that guidance or actions by its sister Treasury bureau, the Financial Crimes Enforcement Network ("FinCEN"), under the Bank Secrecy Act ("BSA") do not affect the responsibilities of the securities and futures industry to comply with the economic and trade sanctions administered and enforced by OFAC.  This OFAC issuance follows the announcement by FinCEN on October 30, 2008, that FinCEN was withdrawing proposed rulemakings issued in 2002 and 2003 which would have required anti-money laundering ("AML") programs for unregistered investment companies, invest

Client Alert | December 9, 2008

EPA Opens Public Comment Period Concerning Nanotechnology Regulation

We are 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 | December 9, 2008

Financial Services Reform: The Impending Debate and Legislation

On account of the financial market turmoil and current economic crisis, Congress and the new Administration will be introducing legislation next year to restructure the financial services industry and system and to further regulate the activities, products and services provided by financial services companies.  It is anticipated that this legislation could impact all financial companies, including those in the banking, securities, insurance, investment company, private equity, lending, derivatives and commodities industries.

Client Alert | December 8, 2008

The Inapplicability of Rule 23(b)(1) to ERISA Class Actions

Washington, D.C. partner Mark A. Perry and of counsel Paul Blankenstein are the authors of "The Inapplicability of Rule 23(b)(1) to ERISA Class Actions" [PDF] published in the December 5, 2008 issue of BNA Inc.'s Workplace Law Report.

Client Alert | December 5, 2008

FINRA Issues New Guidance on Credit for Extraordinary Cooperation in Investigations

Position on Waiver of Attorney-Client Privilege Follows Trend of DOJ, SEC The Financial Industry Regulatory Authority ("FINRA") has recently provided guidance on the extent to which "extraordinary cooperation" by a firm or individual in an investigation can influence FINRA's enforcement decisions.  In particular, with respect to waiver of the attorney-client privilege, the guidance states that waiver or non-waiver of the privilege will not be considered in whether to grant credit for cooperation, but rather it is the assistance in "uncovering the facts in an investigation" that will yield credit for cooperation.  In this respect, FINRA follows the trend recently set by the Securities and Exchange Commission and the Department of Justice.  Despit

Client Alert | December 5, 2008

CARB Identifies Significance Thresholds for Greenhouse Gases under CEQA

For the past few years, concern over the potential impacts of new developments on climate change has prompted the attention of state officials to begin developing methods under the California Environmental Quality Act (CEQA) to reduce greenhouse gas (GHG) emissions.

Client Alert | December 4, 2008