Client Alert - Gibson Dunn

Client Alert

LBO – Le Leveraged Buy Out, une pratique en constante évolution

Paris Partner Sophie Resplandy-Bernard is the author of "LBO - Le Leveraged Buy Out, une pratique en constante évolution" [PDF--the article is in French, the title roughly translates as: "Leveraged Buy-Outs, A Practice in Constant Evolution"] published in Target Carrières Juridiques 2008.Reprinted with permission of Target Carrières Juridiques 2008.

October 15, 2007

Vie Active-Corporate

Paris Associate Marie Artaud-Dewitte is the author of "Vie Active-Corporate" [PDF--the article is in French and is a "young professional" profile] published in Target Carrières Juridiques 2008.Reprinted with permission of Target Carrières Juridiques 2008.

October 15, 2007

Schneider/Legrand: le jugement du TPI ne règle pas tout

Brussels Partner Peter Alexiadis and Associate Vassili Moussis are the authors of "Schneider/Legrand: le jugement du TPI ne règle pas tout" [PDF--the article is in French, the title roughly translates as: "Schneider/Legrand: Judgment of the Court of First Instance Does Not Settle Everything"] published in the October 8, 2007 issue of La Lettre des Juristes d'Affaires.

October 8, 2007

The FCPA and Analogous Foreign Anti-Bribery Laws–Overview, Recent Developments, and Acquisition Due Diligence

Washington, D.C. partner John Sturc and associate John W.F. Chesley are the co-authors of "The FCPA and Analogous Foreign Anti-Bribery Laws--Overview, Recent Developments, and Acquisition Due Diligence" [link to PDF] published in the September 24, 2007 issue of Capital Markets Law Journal.

September 24, 2007

The Supreme Court’s Renewed Interest in Antitrust and Intellectual Property Law

Gibson Dunn of counsel James C. Ho is the author of "The Supreme Court's Renewed Interest in Antitrust and Intellectual Property Law" [PDF] published in the ABA Antitrust Litigator.

September 23, 2007

UK Financial Services Authority Ordered to Disclose Identity of Entities Investigated for, But Not Formally Charged with, Regulatory Breaches

In a previous client update ("UK Court of Appeal confirms that documents created by regulators are not always protected from production in court proceedings"), we discussed a recent Court of Appeal decision confirming the limitations on the statutory protections granted to documents created by the chief regulatory body in the UK, the Financial Services Authority (the FSA), in the course of its confidential investigations into regulated entities for suspected rule breaches.  In particular, the Court of Appeal confirmed that such documents are not always protected from production in subsequent court proceedings, even though this will enable claimants to obtain documents that already contain the benefit of a regulatory body's analysis of facts and to obtain advance indications

September 19, 2007

European Court Upholds Narrow Scope of Legal Professional Privilege in EU Cases — Akzo Nobel Chemicals and Akcros Chemicals v Commission

The EU's second highest court, the Court of First Instance (CFI) has today, 17 September 2007, upheld the narrow scope of legal professional privilege in relation to documents seized in the context of EC competition law. In particular, the CFI declined to extend legal privilege in EU competition cases to in-house counsel.

September 17, 2007

Defining “American”: Birthright Citizenship and the Original Understanding of the 14th Amendment

Gibson Dunn of counsel James C. Ho is the author of "Defining 'American': Birthright Citizenship and the Original Understanding of the 14th Amendment" [PDF], published in the Summer 2006 isssue of the Green Bag.

September 16, 2007

Ethics and Lobbying Reform Update

On September 14, 2007, the President signed the Honest Leadership and Open Government Act of 2007 (S. 1). This legislation makes important changes in federal election and lobbying laws, as well as the House and Senate rules.Most of the House rules described below were adopted unilaterally by the House on January 5, 2007 as part of H.

September 14, 2007

IRS Issues Limited Extension to Section 409A Amendment Deadline; Provides Little Relief for Employers and Other Plan Sponsors

On September 10, the IRS issued Notice 2007-78, which provides limited relief from the December 31, 2007 deadline to amend arrangements subject to Section 409A of the Internal Revenue Code.

September 11, 2007

Swift Prosecutions of Corporations And Executives

New York Of Counsel Alexander H. Southwell and Associate Oliver Olanoff  are the authors of "‘Swift’ Prosecutions of Corporations And Executives" [PDF] published in the September 2007 issue of Business Crimes Bulletin.

September 4, 2007

Private Civil Litigation: The Other Side of Stock Option Backdating

New York Partner Lee Dunst is the author of "Private Civil Litigation: The Other Side of Stock Option Backdating" [PDF], published in the September 3, 2007 issue of the BNA Securities Regulation and Law Report.

September 3, 2007

Does The APA Still Apply To Government Contractors?

Gibson Dunn partner Karen Manos is the author of "Does The APA Still Apply To  Government Contractors?" [PDF] which appears in  2-5 Cost, Pricing & Accounting Report 44 (Sept.

September 1, 2007

Delaware Court Decision Highlights Importance of Stock Option Plan Language in Corporate Transactions

On July 20, the Delaware Chancery Court issued an important decision awarding damages to holders of "out-of-the-money" stock options that were cancelled in connection with a corporate merger.

August 15, 2007

Navigating the Foreign Corrupt Practices Act: The Increasing Cost of Overseas Bribery

Partner Robert C. Blume and Associate J. Taylor McConkie are the authors of "Navigating the Foreign Corrupt Practices Act: The Increasing Cost of Overseas Bribery" [PDF] published in the August 2007 issue of The Colorado Lawyer.

August 1, 2007

Go-Shops Follow-Up: Lear & Topps Decisions Hone Delaware Courts’ View

Washington, D.C. partner Stephen I. Glover and associate Jonathan P. Goodman are authors of "Go-Shops Follow-Up: Lear & Topps Decisions Hone Delaware Courts' View" [PDF] published in the July/August 2007 issue of The M&A Lawyer.Reprinted with permission, The M&A Lawyer Vol.

August 1, 2007

“Protection” or “Frustration”? The Treatment of Takeover Defenses under the Local Laws of EU Nations

London partner Selina S. Sagayam is the author of "'Protection' or 'Frustration'? The Treatment of Takeover Defenses under the Local Laws of EU Nations" [PDF] which appears in the August 2007 issue of Bloomberg Law Reports - Mergers & Acquisitions.

August 1, 2007

Financial Planning Association v. SEC: The End of Fee-Based Brokerage Accounts?

K. Susan Grafton is the author of "Financial Planning Association v. SEC: The End of Fee-Based Brokerage Accounts?" [PDF] which appeared the August 2007 issue of the Wall Street Lawyer.

August 1, 2007

The FCPA Enforcement Explosion Continues: Nine New Enforcement Actions in 2007 and Approximately 100 Active Investigations

The Foreign Corrupt Practices Act (“FCPA”) is 30 years old this year, and the anniversary is being “celebrated” with an explosion of enforcement activity by both the Securities and Exchange Commission (“SEC”) and the Department of Justice (“DOJ”).

July 26, 2007

New Legislation on Foreign Takeovers in Wake of Dubai Ports Controversy

Today the President signed legislation increasing the federal government's scrutiny of mergers and corporate takeovers of U.S. businesses by foreign companies.

July 26, 2007