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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Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s “Paid Russian Propaganda” Commentary

Los Angeles of counsel Nathaniel L. Bach and associate Marissa M. Mulligan are the authors of "Ninth Circuit Unanimously Affirms First Amendment Protection for Rachel Maddow’s 'Paid Russian Propaganda' Commentary," [PDF] published by MLRC MediaLawLetter in August 2021.

Article | August 25, 2021

Merricks v Mastercard: UK’s Competition Appeal Tribunal Allows First Ever Opt-Out Class Action

The UK’s Competition Appeal Tribunal has certified the first application for a collective proceedings order on an opt-out basis in Walter Hugh Merricks CBE v Mastercard Incorporated & Ors.

Client Alert | August 24, 2021

New York Stock Exchange Further Amends Related Party Transaction Approval Rules

On August 19, 2021, the New York Stock Exchange (NYSE) proposed an amendment to Section 314.00 of the NYSE Listed Company Manual, the NYSE’s related party transaction approval rule. Gibson Dunn lawyers provide an overview of the proposal.

Client Alert | August 24, 2021

What Can We Expect from the SEC with COP26 Around the Corner?

Gibson Dunn lawyers provide an overview of the ways in which climate policy is a significant consideration at the U.S. Securities and Exchange Commission (SEC).

Client Alert | August 23, 2021

SEC Settlement Reflects Increasing SEC Focus on Cyber Disclosures

On August 16, 2021, the U.S. Securities and Exchange Commission announced a settled enforcement action against Pearson plc, a U.K. educational publisher, for inadequate disclosure of a cyber intrusion. The settlement, in which Pearson agreed to pay a $1 million penalty, is the latest indication of the SEC’s continuing focus on cyber disclosures as an enforcement priority and an important signal to public companies that, particularly in the face of an environment of increasing cyberattacks, accurate public disclosure about cyber events and data privacy is critical.

Client Alert | August 23, 2021

Second Quarter 2021 Update on Class Actions

Gibson Dunn lawyers examine key class action developments during the second quarter of 2021, particularly court decisions surrounding Article III standing.

Client Alert | August 23, 2021

The Humanitarian and Policy Challenges of U.S. Sanctions on the Taliban

Washington, D.C. partner Adam M. Smith is the author of "The Humanitarian and Policy Challenges of U.S. Sanctions on the Taliban," [PDF] published by Just Security on August 23, 2021.

Article | August 23, 2021

Shareholder Proposal Developments During the 2021 Proxy Season

Gibson Dunn lawyers provide an overview of shareholder proposals submitted to public companies during the 2021 proxy season, including statistics and notable decisions from the staff of the Securities and Exchange Commission on no-action requests.

Client Alert | August 19, 2021

New EPA Rule Bans Use of Pesticide Chlorpyrifos on Food

On August 18, 2021, the EPA released a final rule revoking tolerances for chlorpyrifos residues on food. EPA took this action to “stop the use of the pesticide chlorpyrifos on all food to better protect human health, particularly that of children and farmworkers.” The agency will also issue a Notice of Intent to Cancel under the Federal Insecticide, Fungicide, and Rodenticide Act to cancel registered food uses of the chemical associated with the revoked tolerances.

Client Alert | August 19, 2021

Surge in False Claims Act enforcement continues

Los Angeles partners Nicola T. Hanna and James L. Zelenay Jr. and associate Sean S. Twomey are the authors of "Surge in False Claims Act enforcement continues," [PDF] published by the Daily Journal on August 13, 2021.

Article | August 16, 2021

Supreme Court Enjoins Enforcement of New York State’s Eviction Moratorium

On Thursday, August 12, 2021, the Supreme Court granted Gibson Dunn’s request for an extraordinary writ of injunction pending appeal and held that New York State’s eviction moratorium law (“CEEFPA”)—which bars landlords from commencing or continuing eviction proceedings against any tenants who self-certify that they are suffering a COVID-related “hardship,” with no opportunity for property owners to challenge those hardship claims—is inconsistent with fundamental due process principles.

Client Alert | August 13, 2021

SEC Approves New Nasdaq Board Diversity Rules

On August 6, 2021, a divided Securities and Exchange Commission (SEC) voted to approve new listing rules submitted by The Nasdaq Stock Market LLC to advance board diversity through a “comply or disclose” framework and enhance transparency of board diversity statistics.

Client Alert | August 12, 2021

Artificial Intelligence and Automated Systems Legal Update (2Q21)

Gibson Dunn lawyers provide an overview of regulatory and policy developments related to Artificial Intelligence and Automated Systems (“AI”) during the second quarter of 2021. 

Client Alert | August 11, 2021

Senate Finance Committee Chairman Ron Wyden (D-OR) Introduces the “Ending The Carried Interest Loophole Act” That Would Require Current Ordinary Income Inclusions

On August 5, 2021, U.S. Senate Finance Committee Chairman Ron Wyden (D-Oregon) and U.S. Senate Finance Committee member Sheldon Whitehouse (D-Rhode Island) introduced legislation entitled the “Ending the Carried Interest Loophole Act.” According to a summary released by the Finance Committee, the legislation is intended to close “the entire carried interest loophole.”  While this legislation is very similar to a previous proposal introduced by Chairman Wyden, this legislation appears to have a greater likelihood of passage given the Democratic party’s control of both chambers of Congress and the election of President Biden.

Client Alert | August 10, 2021

Gibson Dunn Launches Global Financial Regulatory Practice

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has launched a Global Financial Regulatory Practice, which provides comprehensive advice to financial institutions on all aspects of regulatory compliance, enforcement and transactions.

Client Alert | August 5, 2021

ISS Releases Surveys for 2022 Policy Updates

On July 28, 2021, the proxy advisory firm Institutional Shareholder Services opened its Annual Benchmark Policy Survey, covering a broad range of topics relating to non-financial environmental, social and governance performance metrics, racial equity, special purpose acquisition corporations and more.

Client Alert | August 5, 2021

Alice at Six: Patent Eligibility Comes of Age

Washington, D.C. partner Mark Perry and San Francisco associate Jaysen Chung are the authors of "Alice at Six: Patent Eligibility Comes of Age," [PDF] published by the Chicago-Kent Journal of Intellectual Property on August 2, 2021.

Article | August 4, 2021

Corporate Tax 2021 – United Kingdom

London partner Sandy Bhogal and associate Bridget English are the authors of "United Kingdom," [PDF] published in Global Legal Insights - Corporate Tax 2021, Ninth Edition in August 2021.

Article | August 4, 2021

An Updated Checklist & Flowchart for Analyzing Force Majeure Clauses During the COVID-19 Crisis

Gibson Dunn lawyers examine supplemental guidance provided by courts regarding the four steps of analysis of the application of force majeure clauses, as discussed in decisions between March 2020 and August 2021 during the COVID-19 pandemic.

Client Alert | August 4, 2021

Colorado’s Department of Labor and Employment Takes Hard Line on Remote Jobs that Exclude Colorado Applicants to Escape Challenging Aspects of the Equal Pay for Equal Work Act’s Posting Requirements

The Colorado Department of Labor and Employment has released new guidance on the Equal Pay for Equal Work Act, taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants.

Client Alert | August 3, 2021