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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Lenders’ Security Interest in UCC Accounts May Unlock Value in Retail Bankruptcy Cases

Secured term loan and revolver lenders in retail bankruptcy cases often leave money on the table because they do not understand how their security interests in a debtor’s “accounts” under the Uniform Commercial Code (UCC) extend to the proceeds of sale of a debtor’s real property interests, including leases, lease designation rights, and real property (collectively, real property interests).

Article | February 2, 2022

German Corporate Law 2022: At the Cross-Roads of Continued Globalization and Keeping Your Own House in Order

Munich associate Marcus Geiss and of counsel Birgit Friedl are the authors of “German Corporate Law 2022: At the Cross-Roads of Continued Globalization and Keeping Your Own House in Order,” published by M&A Review on February 2, 2022.

Article | February 2, 2022

UK Tax Quarterly Update – February 2022

In this client alert, we outline a number of significant UK and international tax developments of recent weeks and months, many of which will continue to take shape as we move forward into 2022.

Client Alert | February 1, 2022

ICDR, JAMS, and CPR Comparison Chart (International)

New York partner Lindsey Schmidt is author of "ICDR, JAMS, and CPR Comparison Chart (International)" published in Practical Guidance by LexisNexis in December 2021.

Article | February 1, 2022

Webcast: FCPA 2021 Year-End Update

Please join us for a discussion about FCPA developments and emerging trends from 2021, including recent FCPA enforcement updates of note, the Biden Administration’s focus and initiatives on combating corruption, and the increasing interplay between anti-corruption and anti-money laundering efforts.

Webcasts | February 1, 2022

US Commerce Department takes more action against Chinese companies

Washington, D.C. partner Judith Alison Lee is the author of "US Commerce Department takes more action against Chinese companies" [PDF] published by Financier Worldwide in February 2022.

Article | February 1, 2022

International Cybersecurity and Data Privacy Outlook and Review – 2022

This Outlook and Review provides an overview of past and upcoming developments related to global privacy and cybersecurity laws.

Client Alert | January 31, 2022

California Supreme Court Adopts New Standard for Whistleblower Retaliation Claims

On January 27, 2022, the Supreme Court of California issued a decision that changes the burden for employers that are defending against current or former employees’ whistleblower retaliation claims.

Client Alert | January 28, 2022

Year-End and Fourth Quarter 2021 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2021 (October through December).

Client Alert | January 27, 2022

Virtual Currencies and Innovation in the Dual Banking System

New York partner Arthur Long is the author of "Virtual Currencies and Innovation in the Dual Banking System," published by The Review of Banking & Financial Services, Vol. 38, No. 1, in January 2022.

Article | January 27, 2022

Update on Mandatory Human Rights Due Diligence: Groundbreaking New York Fashion Sustainability Legislation Proposal, While EU Initiative Stalls

Our lawyers discuss global legislative developments in relation to mandatory human rights due diligence and supply chain reporting.

Client Alert | January 27, 2022

2020/2021 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s ninth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 76 precedential patent opinions issued by the Federal Circuit between August 1, 2020 and July 31, 2021. 

Client Alert | January 27, 2022

Webcast: M&A Hot Topics 2022

With the backdrop of the continuing COVID-19 pandemic and high M&A volume, 2021 presented new issues for dealmakers. Hear from seasoned practitioners on how deals are getting done and the issues being confronted.

Webcasts | January 27, 2022

Federal Court Imposes Penalties on Former CEO and Large Shareholder of Pharmaceutical Company for Alleged Antitrust Violations

On January 14, 2022, a federal court in New York issued its decision in Federal Trade Commission v. Shkreli, holding that Martin Shkreli, the former head of Vyera Pharmaceuticals, violated federal and state antitrust laws by allegedly interfering with the entry of generic competition for Vyera’s drug Daraprim.

Client Alert | January 25, 2022

FTC Publishes Revised Hart-Scott-Rodino Notification Thresholds for 2022

On January 24, 2022, the Federal Trade Commission announced its annual update of thresholds for pre-merger notifications of certain M&A transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

Client Alert | January 25, 2022

BlackRock, Vanguard and State Street Update Corporate Governance and ESG Policies and Priorities for 2022

BlackRock, Vanguard and State Street Global Advisors recently issued their voting policy updates for 2022, as well as guidance about their 2022 priorities for their portfolio companies. These pronouncements from the “Big Three” asset managers reflect a number of common themes, including an emphasis on climate and the transition to a Net Zero economy, diversity at the board level and throughout the workforce, and effective human capital management.

Client Alert | January 25, 2022

2021 Year-End FCPA Update

On the heels of a record-setting 2020, the year 2021 saw a more modest pace of Foreign Corrupt Practices Act enforcement, particularly as it relates to corporate actions. This update provides an overview of the FCPA and other domestic and international anti-corruption enforcement, litigation, and policy developments from 2021, as well as the trends we see from this activity.

Client Alert | January 25, 2022

Supreme Court Holds That Investor Choice Does Not Categorically Preclude ERISA Claims For Breach Of Fiduciary Duty

On Monday, January 24, 2022, the Supreme Court held 8-0 that offering inexpensive investment options, together with other allegedly high-cost options, in a defined-contribution retirement plan does not itself categorically foreclose a claim for breach of ERISA’s duty of prudence.

Client Alert | January 24, 2022

Safe Harbors (and Other Strategies) for Life Sciences and Healthcare Companies in the International Anti-Corruption Storm

Washington, D.C. partners Patrick Stokes and John Partridge and associate Eva Michaels are the authors of "Safe Harbors (and Other Strategies) for Life Sciences and Healthcare Companies in the International Anti-Corruption Storm," published by the American Bar Association in the December 2021 issue of The Health Lawyer.

Article | January 24, 2022

How Justices May Interpret Statutory Time Bar In Tax Context

Washington, D.C. partners Saul Mezei and Terrell Ussing are the authors of "How Justices May Interpret Statutory Time Bar In Tax Context," published by Law360 Tax Authority on January 21, 2022.

Article | January 24, 2022