ArticleBetriebsrat ohne ZeugnisverweigerungsrechtSteht Einem Betriebsrat, Dem Ein Arbeitnehmer Unter Dem Siegel Der Verschwiegenheit Etwas Anvertraut, Ein Zeugnisverweigerungsrecht…GermanyLitigation, Mediation & ArbitrationGibson, Dunn & Crutcher
ArticleWith Enactment Of The Pacte Statute, All French Companies Must Be Managed In Their Corporate Interest And Management Must Consider Social And Environmental Issues Deriving From Their ActivitiesThe French Civil Code provides as a general principle that every company must have a lawful corporate purpose and be constituted in the common interest of its partners.FranceCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleImplications Of AI On Board OversightThere is no question that AI is materially affecting business models and operations. United StatesCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleThrowing Down The Gauntlet On Politics And Banking: Office Of The Comptroller Of The Currency Proposes "Fair Access" RuleOn November 20, 2020, the Office of the Comptroller of the Currency ("OCC") proposed a rule to require large national banks and federal savings associations to offer and provide "fair access" to...United StatesFinance and BankingGibson, Dunn & Crutcher
ArticleFalse Claims Act Enforcement Under The Trump AdministrationThe False Claims Act, 31 U.S.C. Section 3729, et seq., has long served as the federal government's primary mechanism for rooting…United StatesGovernment, Public SectorGibson, Dunn & Crutcher
ArticleSupreme Court Round-Up (October 2019)The Supreme Court Round-Up previews upcoming cases, summarizes opinions, and tracks the actions of the Office of the Solicitor General.United StatesLitigation, Mediation & ArbitrationGibson, Dunn & Crutcher
ArticleHow To Raise Energy Capital In Tough TimesEnergy companies will continue to use preferred stock as an alternative financing source to fund their existing operations and future capex. United StatesCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleAmendments to the UK Takeover Code - DLC Transactions and Break FeesUnited StatesFinance and BankingGibson, Dunn & Crutcher
ArticleGuralp Systems Limited – UK Serious Fraud Office's Sixth Deferred Prosecution Agreement Results In No Penalty For Company. Tectonic Shift In DPAs Or Factual Peculiarity?The SFO alleged that three senior employees of Guralp Systems Limited ("the Company"), a UK based seismology company, conspired to corruptly ...United KingdomCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleSEC Adopts Amendments To Modernize The SEC's Shareholder Proposal RulesOn September 23, 2020, the Securities and Exchange Commission (the "Commission") voted to adopt amendments (the "Amended Rules") to key aspects of the Commission's shareholder proposal rule. United StatesCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleHow An Idaho Court Decision Will Increase Homeless Encampments On L.A. StreetsLos Angeles partner Theane Evangelis is the author of "How an Idaho court decision will increase homeless encampments on L.A. streets" [PDF] published by the Los Angeles Times on August 23, 2019.United StatesLitigation, Mediation & ArbitrationGibson, Dunn & Crutcher
ArticleNinth Circuit Issues Decision In Closely Watched Data Scraping CaseOn September 9, 2019, the Ninth Circuit issued its long-anticipated decision in hiQ v. LinkedIn, one of the most closely watched data scraping cases in years. Affirming the district court's decisionUnited StatesPrivacyGibson, Dunn & Crutcher
ArticleTips For District Court Amicus Brief SuccessNew York partner Akiva Shapiro and associates Lee Crain and Amanda LeSavage are the authors of "Tips for District Court Amicus Brief Success," published by the New York Law Journal on December 23, 2020.United StatesLitigation, Mediation & ArbitrationGibson, Dunn & Crutcher
ArticleConsequences Of Wirecard Scandal: New Requirements For Corporate Governance And Audit Of German Listed CompaniesAs a reaction to the spectacular collapse of Wirecard, a then-DAX-listed financial service provider, in June 2020, an Act on Strengthening the Financial Market Integrity (Finanzmarktintegritätsstärkungsgesetz – FISG)...GermanyCorporate/Commercial LawGibson, Dunn & Crutcher LLP
ArticleUK Public M&A – UK Public Companies Up For Sale: 'Strategic Reviews', 'Auctions', 'Formal Sale Processes' – Does It Matter? New GuidanceWhen the board of a public company decides to undertake a strategic review, this may involve putting itself or some of its assets up for sale. These options may in turn be run as a formal auction...United KingdomCorporate/Commercial LawGibson, Dunn & Crutcher LLP
ArticleSEC Brings First Enforcement Action Against A Public Company For Misleading Disclosures About The Financial Impacts Of The PandemicOn December 4, 2020, the Securities and Exchange Commission ("SEC") announced its first enforcement action against a public company for misleading disclosures about the financial...United StatesCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleSupreme Court Holds That Securities Fraud Liability Extends Beyond "Maker" Of False StatementsToday, the Supreme Court held 6-2 that an individual who knowingly disseminates false statements, even if the individual did not "make" the statements under SEC Rule 10b-5(b).United StatesCorporate/Commercial LawGibson, Dunn & Crutcher
ArticleOFAC Releases Detailed Guidance On Sanctions Compliance Best PracticesOn May 2, 2019, the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") released extensive new guidance regarding what constitutes an effective sanctions compliance program.United StatesInternational LawGibson, Dunn & Crutcher
ArticleSupreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes RegistrationToday, the Supreme Court held 9-0 that the Copyright Act requires copyright owners to wait until the Copyright Office has approved or denied an application for registration ...United StatesLitigation, Mediation & ArbitrationGibson, Dunn & Crutcher
ArticleEuropean Commission Adopts New Guidelines On The Setting Of Fines For Antitrust Infringements"Don’t break the anti-trust rules; if you do, stop it as quickly as possible, and once you’ve stopped, don’t do it again." With these words, Neelie Kroes, the European Commissioner for Competition, has announced new Guidelines on the setting of fines for infringements of the EU antitrust rules, relating to restrictions of competition and abuse of a dominant position.BelgiumAntitrust/Competition LawGibson, Dunn & Crutcher LLP