Gibson Dunn Discusses Draft Divorce Deal on Brexit

Negotiators for the European Union and the United Kingdom have agreed a 585-page draft withdrawal agreement (the “Withdrawal Agreement”).  A copy of the Withdrawal Agreement can be found here.

The draft Withdrawal Agreement sets out how and when the UK will leave the EU and will be legally binding.  A separate, non-binding draft declaration (available here) sets out the aspirations for the future trading relationship between the UK and EU (this draft declaration is still being negotiated, with the UK and EU expected to agree a final draft this week).

This long-awaited “divorce deal” has been … Read more

Gibson Dunn Offers Update on Non-Prosecution and Deferred Prosecution Agreements

The pendulum swung sharply back last year from 2015’s record volume of corporate non-prosecution agreements (“NPAs”) and deferred prosecution agreements (“DPAs”), but the overall yield remained generally consistent with the prosecutions we have seen since the 2008–2009 economic recession.[1]  As we begin 2017 and await the changes that the incoming administration will inevitably bring, it is difficult to determine what the future holds for NPAs and DPAs; however, there are several reasons to believe that they will continue to play a prominent role in criminal and civil enforcement, as explored in the sections that follow.

This client alert, our … Read more

Gibson Dunn’s 2016 Mid-Year Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

Despite substantial judicial and public scrutiny, non-prosecution agreements (“NPA”) and deferred prosecution agreements (“DPA”) have retained their prominence as vehicles to resolve complicated corporate investigations, particularly for companies operating in regulatory environments.  In the first half of this year, NPAs and DPAs remain in common use. We do not expect this trend to change.  Thanks in part to a D.C. Circuit opinion affirming the critical independence and discretion that the U.S. Department of Justice (“DOJ”) has in crafting the terms of DPAs, we expect use of such agreements to remain widespread.  Finally, tacitly acknowledging the utility of the U.S. DPA/NPA … Read more