Publications - Gibson Dunn

Publications

Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.

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The FTC’s Foray Into Worker Classification Is Misguided and Unlawful

Los Angeles partner Michael Holecek and Washington, D.C. associates Andrew Kilberg and Logan Billman are the authors of "The FTC’s Foray Into Worker Classification Is Misguided and Unlawful" published by The National Law Journal on April 12, 2022.

Article | April 14, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

Client Alert | April 12, 2022

U.S. Department of Justice and Federal Trade Commission Host Antitrust Enforcers Summit

On April 4, 2022, the U.S. Federal Trade Commission and U.S. Department of Justice hosted international and state antitrust enforcers for panel discussions on current and emerging enforcement trends.

Client Alert | April 12, 2022

Hong Kong SFC Publishes Circular to Licensed Corporations on Handling of Client Complaints

On 31 March 2022, the Hong Kong Securities and Futures Commission released a new circular to licensed corporations on the handling of client complaints, alongside an Appendix setting out the SFC’s expected regulatory standards and suggested techniques and procedures for handling client complaints.

Client Alert | April 11, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

Gibson Dunn | Europe | Data Protection – Q1 2022

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for the first quarter of 2022.

Client Alert | April 7, 2022

Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung

Munich partner Mark Zimmer and associate Katharina Heinrich are the authors of “Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung” published in the April 2022 issue of the German publication Arbeit und Arbeitsrecht (AuA).

Article | April 6, 2022

SEC Proposes Rules to Align SPACs More Closely with IPOs

On March 30, 2022, the U.S. Securities and Exchange Commission, by a three-to-one vote, issued a press release announcing proposed new rules intended to enhance disclosure and investor protections in initial public offerings by special purpose acquisition companies and in subsequent business combinations between SPACs and private operating companies.

Client Alert | April 6, 2022

CMA Stops the Show: Cargotec Deal Abandoned as UK Blocks After EU Clearance

The UK’s competition watchdog has prohibited a proposed merger that the European Commission had cleared little more than one month ago. On the same day, the US Department of Justice announced that it considered the deal problematic. These developments highlight the growing uncertainties that companies now face in getting global deals through and underline the need for careful, strategic planning to manage competition law risks.

Client Alert | April 5, 2022

Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards

On March 31, 2022, the Supreme Court held 8-1 that federal jurisdiction to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act must exist independent of the underlying controversy - that is, courts cannot “look through” to the underlying dispute to establish federal subject-matter jurisdiction.

Client Alert | March 31, 2022

Abuses of Dominance Involving Personal Information in China

Hong Kong partner Sébastien Evrard and associates Felicia Chen and Hayley Smith are the authors of "Abuses of Dominance Involving Personal Information in China" published by Competition Policy International on March 31, 2022.

Article | March 31, 2022

Medley Of State AI Laws Pose Employer Compliance Hurdles

New York partners Danielle Moss and Harris Mufson and Washington, D.C. associate Emily Lamm are the authors of "Medley Of State AI Laws Pose Employer Compliance Hurdles" published by Law360 Employment Authority on March 30, 2022.

Article | March 30, 2022

Webcast: Corporate Compliance and Sentencing Guidelines

Please join our distinguished panelists for a recorded discussion about the U.S. Sentencing Guidelines and how they apply in corporate enforcement actions. They discuss issues arising in white collar matters and strategies that can impact the calculation of the Sentencing Guidelines fine range, including gain from the offense, corporate recidivism, and cooperation, among other issues.

Webcasts | March 30, 2022

The Intersection of Competition Law and Data Privacy in APAC

Hong Kong partners Sébastien Evrard and Connell O'Neill and associates Hayley Smith, Katherine Tomsett and Nick Hay are the authors of "The Intersection of Competition Law and Data Privacy in APAC" published by Global Competition Review in its Asia-Pacific Antitrust Review 2022 in March 2022.

Article | March 29, 2022

EU Regulation of Digital Gatekeeper Platforms Set to Be Adopted

The European Union has reached political agreement on its landmark Digital Markets Act legislation. The EU-wide DMA will apply in addition to competition law rules and targets the largest digital platforms. The legislation which introduces a broad-based regulation of digital markets should be formally adopted in the coming weeks and will enter into force at the beginning of 2023.

Client Alert | March 28, 2022

New York Enacts New Employment Laws and Others May Be on the Horizon

On March 16, 2022, New York State Governor Kathy Hochul signed two new bills into law that expand non-discrimination protections in the workplace.  As a result, New York now prohibits employers from releasing employee personnel files in retaliation for such employee’s engagement in protected activity.  Additionally, the state will be announcing a state-run sexual harassment hotline that will need to be referenced in anti-harassment policies and postings.

Client Alert | March 28, 2022

Calif. Cities’ Drilling Bans May Face Pushback In State Courts

Orange County partner Thomas Manakides and associate Joseph Edmonds are the authors of "Calif. Cities' Drilling Bans May Face Pushback In State Courts" published by Law360 on March 28, 2022.

Article | March 28, 2022

New York Court of Appeals Rules That Interactive Fantasy Sports Contests Do Not Constitute Gambling Under State Constitution

In a closely followed decision that directly addresses an issue of critical importance for the interactive fantasy sports industry, in which daily fantasy sports are a subset, the New York Court of Appeals held on March 22, 2022 that interactive fantasy sports contests do not constitute “gambling” within the meaning of New York’s constitutional prohibition on gambling.

Client Alert | March 25, 2022

Russia’s Suppression of the Media Violates Its International Law Obligations

Our lawyers discuss how Russia’s restrictions on the media violate its international human rights obligations, and also may breach obligations it owes foreign investors under investment treaties to which it is party.

Client Alert | March 24, 2022

Mehr Macht den Frauen – Das FüPoG II in Privatwirtschaft und öffentlichem Dienst

Munich partner Mark Zimmer and Frankfurt associate Linda Vögele are the authors of “Mehr Macht den Frauen - Das FüPoG II in Privatwirtschaft und öffentlichem Dienst” [PDF] published in the March 2022 issue of the German publication BWV (Bundesverwehrverwaltung), together with Adrian Sichma.

Article | March 24, 2022