Client Alert - Gibson Dunn

Client Alert

Perchlorate Challenges Obama’s Pledge to Give Primacy to Science at EPA

Los Angeles partner Jeffrey D. Dintzer and Washington, D.C. associate Jessica D. Greenston are the authors of "Perchlorate Challenges Obama's Pledge to Give Primacy to Science at EPA" [PDF] published in the May 4, 2009 issue of BNA's Chemical Regulation Reporter.

May 4, 2009

Tenth Circuit Clarifies Loss Causation Burden

Los Angeles partner Julian W. Poon is the authors of "Tenth Circuit Clarifies Loss Causation Burden" [PDF] published in the May/June 2009 issue of ABA's Business Law Today.

May 4, 2009

Lien Subordination and Intercreditor Agreements

New York partner Robert Cunningham and associate Yair Galil are the authors of "Lien Subordination and Intercreditor Agreements," [PDF] which first appeared in The Review of Banking & Financial Services, Vol.

May 4, 2009

Securities Litigation and the Economic Crisis: Understanding and Dealing with the Current Securities Litigation Environment

Orange County partner Wayne W. Smith and Los Angeles partner Gareth T. Evans are the authors of "Securities Litigation and the Economic Crisis: Understanding and Dealing with the Current Securities Litigation Environment" [PDF] published in 2009 by Aspatore Books.

May 4, 2009

The Recovery of Environmental Costs by Government Contractors

Washington, D.C partner Michael K. Murphy and associate Stacie B. Fletcher are the authors of "The Recovery of Environmental Costs by Government Contractors" [PDF] published in the May 2009 issue of Thomson Reuters's Briefing Papers.

May 4, 2009

Single Asset Real Estate – Fast Track Bankruptcy Cases

Orange County partner Teresa J. Farrell is the author of "Single Asset Real Estate - Fast Track Bankruptcy Cases" [PDF] published in the May 2009 issue of the Orange County Business Journal.

May 1, 2009

A Measured Approach: Employment and Labor Law During the George W. Bush Years

Washington, D.C. partners William J. Kilberg , Jason Schwartz and associate Josh Chadwick are the authors of "A Measured Approach: Employment and Labor Law During the George W.

May 1, 2009

The European Commission Heads Off the “Trojan Horse” – Proposed New Regulation of Investment Funds

The European Union (EU) has become the first jurisdiction to propose a comprehensive framework for direct regulation and supervision of the entire investment funds industry – the proposed Directive on Alternative Investment Fund Managers.The EU already has an established regime for regulating investment funds known as UCITS (Undertakings for Collective Investment in Transferable Securities).

May 1, 2009

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

The bar date for the filing general non-customer creditor claims in the Lehman Brothers, Inc. SIPA proceeding is June 1st, 2009. No claim of any kind will be allowed in the LBI SIPA proceeding, unless it is received by the Trustee, through its claims agent Epiq Bankruptcy Solutions, LLC, on or before June 1, 2009.

April 30, 2009

OSHA Authority and Penalties Expected to Increase Greatly Under Proposed Legislation

The Occupational Safety and Health (“OSH”) Act has largely remained unchanged since its enactment in 1970, but on April 23, Representative Lynn Woolsey (D-CA), Chair of the Subcommittee on Workforce Protections, introduced a bill that would make sweeping changes to the occupational safety and health enforcement landscape.  While the Protecting America’s Workers (“PAW”) Act, H.R.

April 30, 2009

Recent State and Federal Corporate Governance Developments

The financial crisis and change in Administration have created a "perfect storm" in which significant changes in corporate governance are unfolding at both the state and federal level.  As discussed below, Delaware has enacted changes in its General Corporation Law concerning stockholders' ability to nominate director candidates in a company proxy statement and to provide for reimbursement of proxy contest expenses, among other things, and the Securities and Exchange Commission ("SEC") is considering its own proxy access rule, as well as enhanced disclosure requirements relating to directors' experience, board leadership, risk oversight and compensation.  In addition, we anticipate that corporate governance legislation will be introduced in Congress shortly.

April 30, 2009

Legal Tools for Private Equity in the Current Economic Environment

London partner Paul Harter is the author of "Legal Tools for Private Equity in the Current Economic Environment" [PDF]  featured in The 2008 report on Private Equity and Venture Capital in the Middle East published by KPMG, in association with the Gulf Venture Capital Association and Zawya.

April 30, 2009

CERCLA in the Post-Atlantic Research World: Some Emerging Questions

Washington, D.C. partner Michael K. Murphy and associate Jessica D. Greenston are the authors of "CERCLA in the Post-Atlantic Research World: Some Emerging Questions" [PDF] published in the Sprin 2009 issue of ABA's The Environmental Litigator.Reprinted with permission from The Environmental Litigator Vol.

April 30, 2009

Antitrust Division Announces Citizen Complaint Center to Target Possible Collusion in Bids Under Federal Stimulus Plan

On April 13, 2009, the U.S. Department of Justice, Antitrust Division announced an unprecedented effort to proactively enforce criminal antitrust laws by establishing a new "Citizen Complaint Center" to accept reports of potential collusive conduct and fraud in procurement and grant awards under the American Recovery and Reinvestment Act of 2009 ("Recovery Act"), which President Obama signed into law on February 17, 2009.

April 29, 2009

Limited Participation by Industry in Voluntary EPA Program on Nanomaterials Prompts EPA Regulatory Decision by End of Year

Gibson, Dunn & Crutcher's Environmental Litigation and Mass Tort Group is 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.

April 28, 2009

The Trial on Paper: Key Considerations for Determining Whether to File a Summary Judgment Motion

Orange County partner Michele L. Maryott is the author of "The Trial on Paper: Key Considerations for Determining Whether to File a Summary Judgment Motion" [PDF] published in the Spring 2009 issue of ABA's Litigation.

April 27, 2009

Supreme Court of California Exempts Life Insurance Products from Scope of California’s Consumers Legal Remedies Act

On April 20, 2009, the Supreme Court of California narrowed the scope of California's Consumers Legal Remedies Act ("CLRA") by holding in a unanimous opinion that life insurance is not a "good" or "service" subject to the CLRA.  Fairbanks v. Superior Court (Farmers New World Life Ins.

April 27, 2009

SEC Staff Issues Updated Interpretive Guidance on Rule 10B5-1 Plans

On March 25, 2009, the Securities and Exchange Commission's Division of Corporation Finance (the "Division") issued new and revised interpretations regarding the operation of pre-established trading plans and instructions designed to satisfy Rule 10b5-1(c) under the Securities Exchange Act of 1934 (the "Exchange Act"), which provides an affirmative defense from insider trading liability.  These revisions were made in the context of the Division updating its Compliance and Disclosure Interpretations ("CDIs") under the Exchange Act to include the Division's existing Rule 10b5-1 interpretations (which were issued as "frequently asked questions" in May of 2001 and December of 2000).  The Exchange Act CDIs are available at http://www.sec.go

April 24, 2009

USA Today School Study Spawns Concern, Scrutiny and Lawsuits

In December 2008, USA Today published a special report entitled “The Smokestack Effect: Toxic Air and America’s Schools.” The report purports to evaluate industrial pollution at 127,800 public and private schools across the country.

April 24, 2009

2009: First-Quarter Update on Class Action Trends

Los Angeles partner Gail E. Lees, Washington, D.C. partner Andrew S. Tulumello, San Francisco partner Charles Nierlich, Dallas associate Mark Whitburn and Los Angeles associate Christopher Chorba are the authors of "2009: First-Quarter Update on Class Action Trends" [PDF] published in the April 24, 2009 issue of BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 10 CLASS 399 (Apr.

April 24, 2009