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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Federal Circuit Update (February 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for February 2021.

Client Alert | March 3, 2021

Risk, Risk and More Risk: Federal Reserve Finalizes Its Supervisory Guidance on Board of Directors’ Effectiveness

On February 26, 2021, the Board of Governors of the Federal Reserve System issued a Supervision and Regulation letter containing its final supervisory guidance on the effectiveness of a banking institution’s board of directors.  The Guidance applies to bank holding companies and savings-and-loan holding companies with total consolidated assets of $100 billion or more, with the exception of intermediate holding companies of foreign banking organizations.  A separate Supervision and Regulation letter issued the same day revised twelve prior Supervision and Regulation letters touching on the subject and made nine additional prior Supervision and Regulation letters inactive.

Client Alert | March 3, 2021

Webcast: The Stored Communications Act and Trends in Data Privacy: What Companies Need to Know in 2021

In this webcast, a panel of Gibson Dunn lawyers focuses on the federal Stored Communications Act, including its access and disclosure prohibitions. They also discuss recent cases interpreting the Stored Communications Act, as well as recent trends in data privacy and California’s new Prop 24.

Webcasts | March 2, 2021

Scope of Employer Liability for Discriminatory Conduct Under New York City Law Narrowed by Court of Appeals

Plaintiffs alleging claims of employment discrimination often prefer to file suit in New York City if they can plead a violation of the New York City Human Rights Law, which was enacted with the “desire that [it] meld the broadest vision of social justice with the strongest law enforcement deterrent.” Its application was nevertheless recently narrowed by the New York Court of Appeals in Doe v. Bloomberg L.P. 

Client Alert | March 1, 2021

Considerations for Climate Change Disclosures in SEC Reports

On February 24, 2021, Allison Herren Lee, Acting Chair of the Securities and Exchange Commission (SEC), issued a statement titled “Statement on the Review of Climate-Related Disclosure” that “direct[s] the Division of Corporation Finance to enhance its focus on climate-related disclosure in public company filings”.

Client Alert | March 1, 2021

California Supreme Court Issues Important Decision Regarding an Employer’s Obligation to Provide and Record Meal Periods

The California Supreme Court’s February 25, 2021 opinion in Donohue v. AMN Services, LLC is the most significant decision construing an employer’s duty to provide and record meal periods in nearly a decade. California employers may wish to assess their meal period policies and practices, including relating to the recordation of meal periods, in light of the Court’s guidance in Donohue.  

Client Alert | March 1, 2021

Big data, ethics and financial services: risks, controls and opportunities

London partners Susy Bullock, Matthew Nunan, Michelle Kirschner and James Cox are the authors of "Big data, ethics and financial services: risks, controls and opportunities," published by the Buttersworth Journal of International Banking and Financial Law in February 2021.

Article | February 26, 2021

The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on State Responsibility for Climate Change

On February 3, 2021, the Administrative Court of Paris ruled that a liability action brought by several environmental protection associations against the French State, seeking recognition of its failure to act against climate change, was admissible, that the ecological damage alleged by the associations was established and that the French State was partially responsible for it.

Client Alert | February 26, 2021

Congress Codifies SEC Disgorgement Remedy in Military Spending Bill

New York partner Avi Weitzman and of counsel Tina Samanta are the authors of "Congress Codifies SEC Disgorgement Remedy in Military Spending Bill," [PDF] published by Wall Street Journal in February 2021.

Publications | February 25, 2021

Cryptocurrency Developments: Office of Foreign Assets Control’s Recent Enforcement Cases Against Digital Asset Firms

On February 18, 2021, the U.S. Office of Foreign Assets Control, an agency of the Treasury Department that administers and enforces U.S. economic and trade sanctions, issued an enforcement release of a settlement agreement with BitPay, Inc. for apparent violations relating to Bitpay’s payment processing solution that allows merchants to accept digital currency as payment for goods and services. OFAC found that BitPay allowed users apparently located in sanctioned countries and areas to transact with merchants in the United States and elsewhere using the BitPay platform, even though BitPay had Internet Protocol address data for those users.  The users in sanctioned countries were not BitPay’s direct customers, but rather its customer’s customers (in this case the merchants’ customers).

Client Alert | February 24, 2021

The Due Process Protections Act: Congress Directs Judges to More Actively Prevent and Remedy Prosecutorial Brady Violations

New York partner Avi Weitzman and associate David Salant are the authors of "The Due Process Protections Act: Congress Directs Judges to More Actively Prevent and Remedy Prosecutorial Brady Violations," [PDF] published by the Washington Legal Foundation on February 19, 2021.

Publications | February 23, 2021

Webcast: Challenges in Compliance and Corporate Governance

In this webcast, Gibson Dunn lawyers discuss significant 2020 developments in areas including antitrust, corporate governance, data privacy and cybersecurity, international trade, money laundering, securities fraud, and white collar defense and investigations.

Webcasts | February 23, 2021

M&A Report – 2020 Year-End Activism Update

Gibson Dunn lawyers provide an update on shareholder activism activity involving NYSE- and Nasdaq-listed companies with equity market capitalizations in excess of $1 billion and below $100 billion (as of the last date of trading on December 31, 2020) during the second half of 2020.

Client Alert | February 22, 2021

A setback for the broadening of insider trading liability

Los Angeles partner Michael Farhang is the author of "A setback for the broadening of insider trading liability," [PDF] published by the Daily Journal on February 18, 2021.

Publications | February 19, 2021

3 Key Environmental Takeaways From Biden’s First 30 Days

Washington, D.C. partner Stacie Fletcher, Los Angeles partner Abbey Hudson and Washington, D.C. associate Rachel Levick Corley are the authors of "3 Key Environmental Takeaways From Biden's First 30 Days," [PDF] published by Law360 on February 17, 2021.

Publications | February 18, 2021

New Federal Law for IoT Cybersecurity Requires the Development of Standards and Guidelines Throughout 2021

At the end of the Trump Administration, the bipartisan Internet of Things (IoT) Cybersecurity Improvement Act of 2020 was enacted, requiring agencies to increase cybersecurity for IoT devices owned or controlled by the federal government.

Client Alert | February 17, 2021

Reverse solicitation: a shot across the bow

London partners Michelle Kirschner and Matthew Nunan are the authors of "Reverse solicitation: a shot across the bow," first published by Thomson Reuters Regulatory Intelligence on February 10, 2021. 

Article | February 17, 2021

The Biden Administration: New Priorities in the Banking, Fintech and Derivatives Sectors

Now that the first 100 days of the Biden Administration are in full swing, its financial regulatory priorities are becoming clearer. In this Client Alert, we discuss where we expect the Administration to focus, with respect to the banking, fintech, and derivatives sectors.

Client Alert | February 16, 2021

New U.S. Sanctions and Export Controls Target Military Behind Coup in Myanmar

On February 11, 2021, in one of its inaugural foreign policy actions since taking office, the Biden Administration authorized new sanctions and export-control restrictions on Myanmar (also called Burma) in response to the Myanmar military’s recent coup against the country’s elected civilian government.

Client Alert | February 16, 2021

2020 Year-End Securities Litigation Update

As part of a year-end update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the second half of 2020.

Client Alert | February 16, 2021