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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President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

On July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.

Client Alert | July 9, 2021

European Employment Law Update – Return to Work – July 2021

In this update, Gibson Dunn's lawyers look at the key employment law considerations our clients face across the UK, France and Germany connected to a return to the workplace in the near future, including: (i) ensuring a “Covid-secure” workplace’ and whether to continue to offer flexible working arrangements in the future; (ii) whether to implement an employee Covid-19 vaccination policy (and if so, whether it should be compulsory or voluntary); and (iii) vaccination certification logistics and the facilitation of Covid-19 testing for employees.

Client Alert | July 8, 2021

U.S. Supreme Court Reaffirms Limits to the Government’s Ability to Mandate Public Access to Private Property

On June 23, 2021, the U.S. Supreme Court held 6-3 that a California regulation granting labor organizations a right of access to agricultural employers’ property to solicit support for unionization, constitutes a “per se” physical taking under the Fifth Amendment.

Client Alert | July 8, 2021

Federal Circuit Update (June 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for June 2021, including the Supreme Court’s decisions in Arthrex and Minerva Surgical.

Client Alert | July 6, 2021

Supreme Court Holds That California’s Donor Disclosure Law Violates The First Amendment

On July 1, 2021, the Supreme Court held 6-3 that California’s requirement that non-profit organizations disclose their donor lists unconstitutionally burdens those organizations’ expressive association rights, in violation of the First Amendment.

Client Alert | July 1, 2021

Judge ignored facts, law while taking knife to assault weapons ban

Century City partner Scott Edelman and Los Angeles associate Jillian London are the authors of "Judge ignored facts, law while taking knife to assault weapons ban," [PDF] published by the Daily Journal on June 28, 2021.

Article | July 1, 2021

United States sanctions against Myanmar’s military conglomerates

Washington, D.C. partner Judith Alison Lee and associates Audi Syarief and Claire Yi are the authors of "United States sanctions against Myanmar's military conglomerates" [PDF] published by Financier Worldwide in June 2021.

Article | June 30, 2021

Enforcement of Arbitral Awards against a Sovereign State: UK Supreme Court Reinstates the Service Requirements in General Dynamics v Libya

On 25 June 2021, the UK Supreme Court rendered its judgment in General Dynamics United Kingdom Limited v The State of Libya. This much anticipated decision provides important guidance concerning the interaction of State immunity principles with the rules applicable to the service of enforcement proceedings on States.

Client Alert | June 29, 2021

Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel

Today, the Supreme Court upheld the doctrine of assignor estoppel in patent cases, concluding in a 5-4 decision that a patent assignor cannot, with certain exceptions, subsequently challenge the patent’s validity.

Client Alert | June 29, 2021

Supreme Court Holds That Private Parties Can Sue States To Seize State Property Along Federally Approved Pipeline Routes

On June 29, 2021, the Supreme Court held in a 5-4 decision that the Natural Gas Act authorizes a private party who has obtained federal government approval to exercise eminent domain power along a federally approved pipeline route to sue a State to condemn state land.

Client Alert | June 29, 2021

Zum Anpassungsbedarf bei Gewinnabführungsverträgen

Zum BMF-Schreiben vom 24.03.2021: Das Bundesministerium der Finanzen (BMF) hat vor kurzem zur körperschaftsteuerlichen Anerkennung von Gewinnabführungsverträgen Stellung genommen. Dies gibt Anlass, insbesondere sog. Altverträge, die vor dem 27.02.2013 abgeschlossen oder letztmals geändert worden sind, zu prüfen und ggf. anzupassen.

Client Alert | June 28, 2021

Directors Resign After Department of Justice Raises Antitrust Concerns

On June 21, 2021, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced that two officers of Endeavor Group Holdings Inc. have resigned their positions on the board of directors of Live Nation Entertainment Inc. in the wake of concerns expressed by DOJ that the two companies formed an illegal interlocking directorate under the antitrust laws.

Client Alert | June 25, 2021

10 Years Of Dukes: A Resounding Class Certification Legacy

Los Angeles partners Theodore J. Boutrous Jr. and Theane Evangelis are the authors of "10 Years Of Dukes: A Resounding Class Certification Legacy," [PDF] published by Law360 on June 25, 2021.

Article | June 25, 2021

Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards

On June 25, 2021, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each year since the program commenced in 2011.

Client Alert | June 25, 2021

Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages

Today, the Supreme Court ruled 5-4 that every member of a class certified under Rule 23 must establish Article III standing in order to be awarded individual damages.

Client Alert | June 25, 2021

Third Circuit Court of Appeals Addresses Federal Trade Secret Standards

On June 8, 2021, in Oakwood Laboratories LLC v. Thanoo, the Third Circuit “endeavored to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act” (DTSA).

Client Alert | June 24, 2021

The Right to Breathe Clean Air: The European Judge Is Called Upon to Give a Decisive Ruling

A ruling by the Versailles Administrative Court of Appeal on 29 January 2021 could result in a historic ruling by the Court of Justice of the European Union (CJEU). Upon referral by the Court, the CJEU will be called upon to rule on the existence of a right to breathe clean air and on the liability incurred by the Member States of the European Union in the case of disregard of their obligations in terms of air quality.

Client Alert | June 23, 2021

Supreme Court Holds Federal Housing Finance Agency’s Structure Unconstitutional; Remands For Further Proceedings On Appropriate Remedy

On June 23, 2021, the Supreme Court held 6-3 that the structure of the Federal Housing Finance Agency—led by a single Director, removable only “for cause”—violates the Constitution’s separation of powers, but ruled 8-1 that a remand is necessary to determine the proper scope of relief.

Client Alert | June 23, 2021

New York Updates Law on Recognition of Foreign Country Money Judgments to Bring in Line with Other U.S. Jurisdictions

On June 11, 2021, New York Governor Andrew M. Cuomo signed into law a Uniform Foreign Country Money Judgments Act, amending New York’s Uniform Foreign Country Money-Judgments Recognition Act of 1970.  With this enactment, New York follows a growing number of U.S. states that have modernized their recognition acts over the last decade.

Client Alert | June 22, 2021

Back to the Future: SEC Chair Announces Spring 2021 Reg Flex Agenda

On June 11, 2021, the Securities and Exchange Commission released Chair Gary Gensler’s Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions. Gibson Dunn lawyers summarize the key and noteworthy aspects of the Agenda.

Client Alert | June 21, 2021