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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New York Court of Appeals Adds Two New Judges

On June 8, 2021, the New York Senate confirmed the appointment of Anthony Cannataro and Madeline Singas to the seven-member New York Court of Appeals. Gibson Dunn lawyers provide an overview of the appointments.

Client Alert | June 21, 2021

Supreme Court Tells Second Circuit To Clarify Securities Class Certification Ruling, And Holds That Defendants Have The Burden Of Persuasion In Rebutting The Basic Presumption

On June 21, 2021, the Supreme Court held 8-1 that the Second Circuit must clarify its reasoning in its certification of a securities class action against Goldman Sachs, and held 6-3 that the defendant bears the burden of persuasion when attempting to rebut the “fraud on the market” presumption.

Client Alert | June 21, 2021

Supreme Court Holds That Sherman Act Bars NCAA From Limiting Education-Related Benefits For Student-Athletes

On June 21, 2021, the Supreme Court unanimously held that the NCAA’s current limits on education-related benefits for student-athletes violate the Sherman Act.

Client Alert | June 21, 2021

Supreme Court Holds That The Constitution Requires Administrative Review of PTAB Decisions

On June 21, 2021, the Supreme Court held 5-4 that the absence of Executive Branch review of decisions rendered by Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause, and that the proper remedy is to sever a statutory provision so that the Director of the Patent and Trademark Office may review PTAB decisions.

Client Alert | June 21, 2021

Supreme Court Limits Extraterritorial Reach Of The Alien Tort Statute

On June 17, 2021, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support liability under the Alien Tort Statute.

Client Alert | June 17, 2021

Supreme Court Rejects A Challenge To The Affordable Care Act’s Individual Mandate Because Plaintiffs Have No Standing

On June 17, 2021, the Supreme Court rejected another challenge to the Affordable Care Act’s individual mandate because the plaintiffs lacked standing to challenge it.

Client Alert | June 17, 2021

Supreme Court Holds That The First Amendment Prohibits Philadelphia From Requiring Catholic Foster-Placement Agency To Certify Same-Sex Couples As Foster Parents

On June 17, 2021, the Supreme Court held 9-0 that Philadelphia violated the First Amendment by refusing to contract with a Catholic agency for declining to certify same-sex couples as foster parents.

Client Alert | June 17, 2021

China Constricts Sharing of In-Country Corporate and Personal Data Through New Legislation

Gibson Dunn's lawyers discuss how the People’s Republic of China is clamping down on the extraction of litigation- and investigation-related corporate and personal data from China - and how this may squeeze litigants and investigation subjects in the future.

Client Alert | June 17, 2021

Arbitrability and Public Policy Challenges

London partner Penny Madden and associates Ceyda Knoebel and Besma Grifat-Spackman are the authors of "Arbitrability and Public Policy Challenges," [PDF] an extract from the second edition of GAR’s The Guide to Challenging and Enforcing Arbitration Awards.

Article | June 17, 2021

Employer-Mandated Vaccination Challenge Dismissed

On June 14, 2021, a federal judge in Texas dismissed the lawsuit filed by employees and former employees against Houston Methodist Hospital challenging its policy requiring all employees to be vaccinated against COVID-19. The holding may provide some degree of reassurance to employers that have decided to require employees to be vaccinated against COVID-19.

Client Alert | June 17, 2021

German Transparency Register on Beneficial Ownership: New Filing Requirements for German Corporations and Foreign Entities Directly or Indirectly Acquiring German Real Estate

In order to meet the technical requirements for the upcoming interconnection of the EU Member States’ national registers holding centralized beneficial ownership information, Germany made several changes to the provisions on its transparency register, particularly related to real estate acquisitions. Gibson Dunn lawyers review the changes.

Client Alert | June 16, 2021

Webcast: The Supreme Court’s Omnicare Decision: A Key Tool for Defending Securities Litigation Brought Against Life Sciences Companies

For the past several years, life sciences companies have been a frequent target of securities class action lawsuits. In this webcast, a panel from Gibson Dunn and Cornerstone Research provide an overview of trends and developments in such lawsuits, and discuss how the U.S. Supreme Court's Omnicare decision may be applied in life sciences cases. 

Webcasts | June 16, 2021

Bipartisan Group of Senators Strikes Infrastructure Deal, But Challenges For Senate Passage Remain

On March 31, 2021, President Biden unveiled the American Jobs Plan (“Jobs Plan”), a sweeping $2.25 trillion proposal designed to create jobs through upgrading public infrastructure, revitalizing manufacturing, prioritizing workforce training, and expanding long-term health care services.

Client Alert | June 15, 2021

European Commission Adopts New Standard Contractual Clauses for International Data Transfers and Data Processing Agreements

On 4 June 2021, the European Commission adopted two implementing decisions containing standard contractual clauses for the processing and transfer of personal data in compliance with the General Data Protection Regulation (GDPR).

Client Alert | June 14, 2021

Big Changes Afoot for FCPA and Anti-Bribery Enforcement?

The Biden Administration has signaled that the United States is going on the offensive to root out global corruption.  Statements from both the White House and the Department of Justice (DOJ) in recent weeks suggest this Administration is prioritizing anti-corruption enforcement and may usher in substantial changes to the regulatory landscape.

Client Alert | June 14, 2021

The Discontinuation of IBORs and Its Impact on Islamic and UAE Transactions

Gibson Dunn lawyers discuss the loan market's transition away from inter-bank offered rates (IBORs) to risk free rates (RFRs) and how market participants, particularly in Islamic transactions, can prepare for forthcoming changes to avoid uncertainty in their financing agreements or other contracts.

Client Alert | June 14, 2021

How Trade Dress Law Has Evolved During COVID

Washington, D.C. partner Howard Hogan and New York associate Laura Mumm are the authors of "How Trade Dress Law Has Evolved During COVID," [PDF] published by Law360 on June 11, 2021.

Article | June 14, 2021

Second Circuit Issues Important Ruling on Trademark Settlements and Antitrust/IP Interface

On June 11, 2021, the Second Circuit issued its decision in 1-800 Contacts, Inc. v. FTC, an appeal of an administrative litigation brought by the Federal Trade Commission against 1-800 Contacts.  The decision—which rejected the FTC’s claim that several trademark settlements by 1-800 Contacts violated the antitrust laws —found that the trademark settlement agreements at issue were “typical” and procompetitive, and provides crucial guidance for parties considering settling trademark disputes.

Client Alert | June 14, 2021

The Fashion Industry’s Challenges and Innovations in Sustainability

Los Angeles partner Jennifer Bellah Maguire and Palo Alto associate Samantha Abrams-Widdicombe are the co-authors of "The Fashion Industry's Challenges and Innovations in Sustainability," [PDF] published in the PLI Chronicle: Insights and Perspectives for the Legal Community, https://plus.pli.edu, in May 2021.

Article | June 9, 2021

New York Court of Appeals Clarifies Reach of New York Consumer Protection Statute

On June 3, 2021, the New York Court of Appeals issued an important decision clarifying the reach of New York’s consumer protection statute, which broadly prohibits any deceptive, “consumer-oriented” business conduct.

Client Alert | June 9, 2021