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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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

Major Pension Legislation Enacted

The Congress has passed major pension legislation, the "Pension Protection Act of 2006" (the "Act"), which President Bush has promised to sign into law.  We describe below some of the most important changes the Act makes and attach a detailed chart [PDF] summarizing many of the key benefits provisions of the Act.  In addition, a Gibson Dunn update is available on certain changes affecting investment funds.Funding of Defined Benefit Plans.  The Act significantly changes the defined benefit plan funding rules, generally effective for plan years beginning in 2008.  Plan sponsors may want to discuss these changes with their actuaries and consider whether additional contributions should be made before 2008.  In particular, plans that are “at risk�

Client Alert | August 8, 2006

Pension Legislation Provides New Opportunities for Investment Funds

The House and the Senate have passed the Pension Protection Act of 2006 ("Act"), and the President is expected to sign the Act into law. Most of the public scrutiny has been on the Act's significant tightening of the pension plan funding rules.

Client Alert | August 7, 2006

Adam Szubin to Head the Office of Foreign Assets Control

The Office of Foreign Assets Control (OFAC) is under new leadership. On August 1, 2006, the U.S. Treasury Secretary Henry M. Paulson named Adam Szubin as the new Director of the Office of Foreign Assets Control OFAC.

Client Alert | August 3, 2006

Federal Trade Commission Unanimously Rules Against Rambus in High-Profile Monopolization Case Involving DRAM Standards

On August 2, the Federal Trade Commission issued its long-awaited ruling in the agency’s monopolization suit against Rambus Inc., a semiconductor technology firm based in Los Altos, California.

Client Alert | August 3, 2006

The United States Extends Sanctions against Burma

On August 1, 2006, President Bush signed a bill renewing the Burmese Freedom and Democracy Act of 2003 (BFDA). This bill renews sanctions against Burma under the BFDA for an additional year and amends the BFDA to allow annual renewal of this law for up to six more years. The BFDA imposes a general import ban on products from Burma and bars investment in Burma.

Client Alert | August 2, 2006

Suspension & Debarment

Gibson Dunn partners Joseph West and Timoth Hatch are the authors of "Suspension & Debarment" [PDF] which appeared in the August 2006 issue of Briefing Papers.

Client Alert | August 1, 2006

SEC Adopts Amendments to Executive Compensation and Related-Party Disclosure Rules

Today, the Securities and Exchange Commission (“SEC”) voted unanimously to adopt new rules that will revise the disclosure requirements for executive and director compensation, related-party transactions, director independence and other corporate governance matters.

Client Alert | July 26, 2006

Shareholder Activism and the Hart-Scott-Rodino Act Exemption for Acquisitions of Voting Securities Solely for the Purpose of Investment

Gibson Dunn of counsel Malcolm R. Pfunder is the author of "Shareholder Activism and the Hart-Scott-Rodino Act Exemption for Acquisitions of Voting Securities Solely for the Purpose of Investment" [PDF] which appears in the Summer 2006 issue of Antitrust magazine, published by the American Bar Association.Reprinted with permission from Antitrust, Vol.

Client Alert | July 25, 2006

German Parliament Passes General Equal Treatment Act, Which Will Have a Considerable Impact on German Employment Practice

On July 7, 2006 the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz) (hereinafter the "Act"), which mainly relates to discrimination in the context of professional life, was adopted by the German parliament.

Client Alert | July 20, 2006