On September 24, 2008, the Financial Accounting Standards Board approved a staff recommendation to reconsider the Exposure Draft issued June 5, 2008 titled, Disclosure of Certain Loss Contingencies.
September 26, 2008
* Updated to reflect additional regulatory guidance and action. Responding to current market conditions, the U.S. Securities and Exchange Commission (the "SEC" or "Commission") and other regulatory and governmental authorities around the globe have taken dramatic steps to address the current market turmoil resulting from potentially manipulative short selling.
September 26, 2008
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.What follows is our latest in a series of updates on key regulatory and legislative issues.Debate on the HillIn contrast to yesterday's public display of political and policy wrangling, today's activity was largely behind the scenes as designated negotiators worked to hash out the details of a rescue plan. Though congressional leaders reported yesterday that they had reached a compromise agreement, Republicans announced that they had developed a competing proposal late Thursday night. House Minority Leader John Boehner wrote Speaker Pelosi today to express concern that the Democra
September 26, 2008
The Gibson, Dunn & Crutcher Financial Markets Crisis Group is tracking government responses to the turmoil that has reshaped our capital and credit markets. The following is an update on key regulatory and legislative issues that are of particular interest to and are likely to affect hedge funds and private equity funds.Federal Reserve Board Enhances Passive Investment Framework for Minority Investors in Bank Holding Companies and BanksIn connection with its various efforts to increase the capital and liquidity available to the banking industry, on September 22, 2008 the Federal Reserve Board (the "Fed") issued a new policy statement providing additional guidance on making equity investments in a bank or bank holding company ("BHC"). Importantly, the iss
September 26, 2008
Today President Bush signed the ADA Amendments Act of 2008, which amends the Americans with Disabilities Act of 1990. The amendments will take effect on January 1, 2009 and will alter some of the key provisions in the ADA, largely in response to several Supreme Court decisions. Key changes in the Act include: "Regarded As" Discrimination: Under current law, an individual can demonstrate disability by showing "a physical or mental impairment that substantially limits one or more of the major life activities of such individual." In addition, a person is protected from discrimination if he or she is "regarded as having such an impairment." Courts have found that establishing “regarded as” discrimination requires a showing that th
September 25, 2008
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.
September 25, 2008
On Friday, September 19, 2008, the Securities and Exchange Commission announced a "sweeping expansion" of its ongoing investigation of possible manipulation of the price of equity securities of financial institutions, to determine whether certain market participants engaged in illegal activity to enhance the value of short positions. SEC Chairman Christopher Cox stated that the investigation will look into the activity of investors with significant short positions in equity markets and positions in credit default swaps. This expansion, according to Chairman Cox, supplements ongoing SEC investigations concerning the origination and securitization of sub prime mortgage loans, the involvement of credit rating agencies and insurers in the securitization proce
September 24, 2008
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.What follows is our latest in a series of updates on key regulatory and legislative issues.Congressional HearingsToday, Treasury Secretary Henry Paulson and Federal Reserve Board Chairman Ben Bernanke testified before the House Financial Services Committee. Both Secretary Paulson and Chairman Bernanke reiterated the message they conveyed to the Senate Banking Committee yesterday, urging Congress to pass legislation quickly and warning of dire economic consequences if the federal government does not intervene soon. Tomorrow, the House Financial Services Committee will hear testimon
September 24, 2008
Responding to current market conditions, the U.S.
September 23, 2008
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.What follows is our latest in a series of updates on key regulatory and legislative issues.Senate Banking Committee HearingThe Senate Banking Committee met today to hear testimony from Treasury Secretary Henry Paulson, Federal Reserve Chairman Ben Bernanke, Securities and Exchange Commission Chair Chris Cox, and Federal Housing Finance Agency Director James Lockhart.Treasury Secretary Paulson continued to advocate for a narrowly tailored bill without additional corporate governance provisions which could slow down approval of the legislation. Though he maintained that approval of the le
September 23, 2008
Gibson, Dunn & Crutcher Deploys a Team of ExpertsMany of our clients are facing new challenges because of the dramatic economic events that have occurred over the last two weeks and as a result of changes that in their scope and reach we have not seen since the Depression. Financial markets are literally being reshaped in Washington on a real-time basis. As the Administration and Congress move forward to address the liquidity crisis and related problems, we are positioned to keep our clients apprised of key developments and to ensure that their voices are heard in the debate about how to repair our financial infrastructure.To that end, Gibson, Dunn has assembled a team of attorneys with a broad range of experience in the securities, financial, corporate, real estate, tax, b
September 22, 2008
On August 27, 2008, New York Attorney General Andrew Cuomo announced that his office had reached an agreement with Xcel Energy Inc. (the "Xcel Energy Agreement") in which Xcel Energy agreed to provide greater disclosure on climate change and associated risks in its future annual reports on Form 10-K filed with the Securities and Exchange Commission (the "SEC").
September 22, 2008
A key Senate investigative body has issued its latest findings in its investigation of alleged abusive tax practices, which is now in its seventh year. The investigation has examined alleged offshore tax havens, the way tax shelters are promoted, how assets are "hidden" offshore, and, most recently, dividend tax abuse. While it is not clear where the investigation will focus next, it is highly likely that it will continue.
September 22, 2008
Gibson Dunn has assembled a team of experts who are prepared to meet client needs as they arise in conjunction with the issues discussed above. Please contact Michael Bopp (202-955-8256, [email protected]) in the firm's Washington, D.C. office or any of the following members of the Financial Markets Crisis Group:Public Policy ExpertiseMel Levine - Century City (310-557-8098, [email protected])John F.
September 21, 2008
In an emergency order that became effective today, September 19, 2008, the SEC suspended the timing and volume restrictions of Rule 10b-18. Rule 10b-18 is the rule that says that repurchases by a company will not be viewed as manipulative if they are effected in accordance with the conditions of the rule. The SEC emergency order:suspends the timing conditions of Rule 10b-18(b)(2)(i) – (iii). These provisions typically restrict purchases that are the opening trade or that occur in the last 10 minutes (or for less actively traded companies, during the last 30 minutes) of the regular trading session. Under the emergency order, repurchases can be made at any time during the day.raises the volume condition of Rule 10b-18(b)(4). This provision typically limits the
September 19, 2008
Washington, D.C. partner Stephanie Tsacoumis was featured in "Top Washington Lawyers - Corporate M&A" [PDF] published in the September 19-25, 2008 issue of Washington Business Journal.
September 19, 2008
Washington, D.C. partner Raymond B. Ludwiszewski, of counsel Charles H. Haake and associate Stacie B. Fletcher are the authors of "Regulating Greenhouse Gases Emissions Using Existing Clean Air Act Authorities: If All You Have Is A Hammer, Everything Looks Like A Nail" [PDF] published in the September 16, 2008 issue of Mealey's Emerging Toxic Torts.
September 16, 2008
Our Program:During this briefing, Gibson Dunn's Environment and Natural Resources practice group discusses EPA's recently released Advance Notice of Proposed Rulemaking concerning Regulating Greenhouse Gas Emissions under the Clean Air Act.
September 15, 2008
Los Angeles partner Michael Farhang is the author of "Stock Option Backdating and the Independent Director: An Analysis of Litigation Trends" [PDF] published in the September 2008 issue of BNA's Executive Compensation Library on the Web.
September 8, 2008
Welcome to the third Quarterly Executive Summary of 2008, in which we highlight key developments in UK Employment and Labour law since our last Quarterly Executive Summary.A summary of cases and developments is provided below. For further details concerning cases and developments discussed in this Quarterly Executive Summary or for assistance on any UK Employment or Labour matter, please contact James Cox, Daniel Pollard or Steven Cochrane in Gibson Dunn's London office.HeadlinesTemporary Agency Workers to get same terms as Permanent Employees. The European Council of Ministers has agreed to legislate to require temporary agency workers to receive the same pay and certain other conditions of employment as the client's own staff. Click for details.House of Lords limit the
September 4, 2008