On June 9, 2008, the President amended Executive Order 12989 to require federal government contractors to "agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security"--the "E-Verify" system.
June 11, 2008
Against a backdrop of continued attention to -- and criticism of -- nonprofit governance and accountability, the IRS has adopted a substantially revised Form 990 that calls for significantly expanded disclosures.
June 9, 2008
On May 30, 2008, the Securities and Exchange Commission proposed that issuers be required to file a supplemental exhibit “tagging” their financial statements with an interactive data format known as XBRL (eXtensible Business Reporting Language).
June 6, 2008
New York associate Matthew Benjamin is a co-author of "Going It Alone: The Costs of Unilateral Law Enforcement" published by ALM Law Journal Newsletters' Business Crimes Bulletin.Reprinted with permission, © 2008, ALM Properties, Inc.
June 1, 2008
Brussels Partner Peter Alexiadis is the author of "Informative and Interesting: The CFI Rules in Deutsche Telekom v. European Commission" [PDF] which appeared in the May, 2008 issue of GCP Magazine.Reprinted by permission, GCP Magazine, May-08(1)
May 28, 2008
In the past two months, the Delaware courts have decided two cases addressing the scope of advance notice bylaws, in both cases holding that stockholders did not have to comply with the companies’ advance notice provisions in order to nominate directors.
May 27, 2008
OVERVIEW Foreign Corrupt Practices Act (FCPA) enforcement has proliferated dramatically in recent years. In addition to new criminal and civil enforcement activities brought by the Department of Justice and the SEC, private civil actions now often involve the FCPA.
May 21, 2008
The Securities and Exchange Commission (the "Commission") recently issued a release proposing changes to the cross-border transaction rules adopted in 1999 (the "Proposing Release"), available at http://www.sec.gov/rules/proposed/2008/33-8917.pdf.After eight years of experience with the existing cross-border transaction rules, the Commission has proposed changes which amend the rules to provide more flexibility, accommodate foreign regulatory schemes and give parties greater certainty when structuring their cross-border transactions.
May 19, 2008
Welcome to the second Quarterly Executive Summary of 2008, in which we highlight key developments in UK Employment and Labour Law over the first quarter of 2008. We would first of all like to take this opportunity to welcome a new attorney to Gibson Dunn's London Employment & Labour law department.
May 15, 2008
Los Angeles Of Counsel William E. Thomson is the author of "Foreign Torts and the Commerce Clause: Territorial Limitations On State Power To Impose Punitive Damages" [PDF] which appeared in the Spring 2008 issue of the ABA Mass Torts newsletter. Reprinted with permission, © 2008, ABA Publications.
May 13, 2008
Partner Alexander H. Southwell is a co-author of "Data Breaches: Expect A Rise in Litigation" [PDF] published in the May 12, 2008 New York Law Journal special section on Investigations & Computer Forensics
May 12, 2008
The Directorate of Defense Trade Controls ("DDTC") recently issued guidance to an exporter of defense articles that military photos downloaded from the Internet are not automatically in the public domain as defined by ITAR 120.11.
May 9, 2008
On April 21, 2008, the Department of the Treasury released a set of proposed regulations governing mergers, acquisitions and takeovers by foreign persons.
May 7, 2008
The U.S. Department of State Directorate of Defense Trade Controls has published a proposed rule amending the International Traffic in Arms Regulations (“ITAR”).
May 2, 2008
Recent turmoil in the mortgage and credit markets, and the resultant difficulties at a number of large financial institutions, have once again led some to ask the question: “Where was the board of directors?” Those raising this question have inquired about the nature and extent of the board’s involvement in overseeing the risks associated with sub-prime lending and other activities at these institutions. It is generally understood that the appropriate role of the board of directors is one of diligent oversight, and that directors cannot, and should not, be involved in the day-to-day operation of a company’s business. Recent events, however, have underscored that serving on a public company board of directors in the 21st century involves more than simply attending
May 1, 2008
On April 17, 2008, the United States Court of Appeals for the Ninth Circuit issued its opinion in Kotrous v. Bayer CropScience, Inc., et al., No. 06-15162, holding that a potentially responsible party (“PRP”) may bring an action for cost recovery under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.
April 21, 2008
The 10 April 2008 Court of First Instance (“CFI”) judgment in Deutsche Telekom AG v Commission of the European Communities upheld the Commission’s 2003 decision finding that Deutsche Telekom (“DT”) had been abusing its dominant position on the markets for access to its fixed network by creating a margin squeeze between the prices charged to its competitors for wholesale access and its own retail access charges. DT argued that the Commission erred in finding that it had infringed Article 82 EC because: (i) DT’s conduct was not abusive, since it did not have sufficient scope of action to avoid the margin squeeze; (ii) the methodology adopted by the Commission to establish margin squeeze was unlawful; (iii) the Commission’s margin squeez
April 15, 2008
On April 4, 2008, the United States Court of Appeals for the Ninth Circuit reversed the much-discussed Oregon federal court decision, United States v. Stringer, which had dismissed a criminal indictment due to the government's violation of the defendant's due process rights resulting from "egregious" behavior in conducting a parallel civil-criminal investigation.
April 14, 2008
A WHITE PAPER FROM THE SUBPRIME WORKING GROUP OF GIBSON, DUNN & CRUTCHER LLPNOTE: This also appeared in the April 2008 issue [PDF] of Insights.I. INTRODUCTIONIn the last six months, numerous originators, syndicators, insurers and rating agencies involved in the purchase and sale of subprime mortage-backed securities, collateralized mortgage obligations (“CMOs”) and collateralized debt obligations (“CDOs”) have announced significant write-downs or other adverse financial impacts stemming from the ever-widening “credit crunch.” One published report states that as of early January 2008, over a hundred companies had announced writedowns totaling more than $150 billion, and eventually could approach $300 billion.[
April 1, 2008
Brussels Partner David Wood is the author of "Legal Privilege in the EU: Is the Balance Right? Akzo Nobel v Commission" [PDF] which appeared in the Utilities Law Review, published by Lawtext Publishing Limited www.lawtext.com.
March 31, 2008