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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China’s “Blocking Statute” – New Chinese Rules to Counter the Application of Extraterritorial Foreign Laws

On January 9, 2021, the Ministry of Commerce of the People’s Republic of China issued the MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures. It establishes the first sanctions blocking regime in China to counteract the impact of foreign sanctions on Chinese persons.

Client Alert | January 13, 2021

Comparative Guide to Restructuring Procedures in the UK, US, DIFC, ADGM and UAE

Gibson Dunn lawyers provide an easy-to-use comparative guide to restructuring procedures in the UK, US, DIFC, ADGM and UAE.

Client Alert | January 12, 2021

Webcast: FCPA Trends in the Emerging Markets of Asia, Russia, Latin America, India and Africa

In this webcast, a team of experienced Gibson Dunn international anti-corruption attorneys discuss how to do business in Russia, Latin America, China, India and Africa without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA).

Webcasts | January 12, 2021

2020 Year-End California Labor and Employment Update

This past year saw the enactment of a variety of new employment laws in California, including new disclosure requirements for employers and changes to the independent contractor landscape. In addition, the COVID-19 pandemic has touched nearly every sector of society, in nearly every corner of the world, and employment law in California is certainly no exception. The pandemic has ushered in a new legal landscape marked by heightened requirements for employers stretching from 2020 into 2023.

Client Alert | January 12, 2021

2020 Year-End FCPA Update

Gibson Dunn lawyers provide an overview of the FCPA as well as domestic and international anti-corruption enforcement, litigation, and policy developments from 2020.

Client Alert | January 12, 2021

2019/2020 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s eighth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 130 precedential patent opinions issued by the Federal Circuit between August 1, 2019 and July 31, 2020.

Client Alert | January 11, 2021

Gibson Dunn | Europe | Data Protection – January 2021

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for January 2021.

Client Alert | January 11, 2021

Financial Policy in the Incoming Biden Administration: What Can We Expect?

Washington, D.C. counsel Roscoe Jones Jr., New York partner Joel Cohen, Washington, D.C. partner Michael Bopp, New York partner Arthur Long, Washington, D.C. partner Jeffrey Steiner, Washington, D.C. associate Samantha Ostrom, Orange County associate Maggie Zhang and San Francisco associate Alexandra Farmer are the authors of "Financial Policy in the Incoming Biden Administration: What Can We Expect?" published by Wall Street Lawyer in its December 2020 issue. 

Article | January 8, 2021

Supreme Court needs to rethink NCAA ‘amateurism’

Los Angeles partner Maurice Suh, of counsel Daniel Weiss and associate Zathrina Perez are the authors of "Supreme Court needs to rethink NCAA 'amateurism'" [PDF] published by the Daily Journal on January 5, 2021.

Publications | January 8, 2021

Update on Intellectual Property Issues in the Response to COVID-19

Gibson Dunn lawyers report on recent intellectual property law developments relating to the COVID-19 pandemic as of January 2021, and provides updates on various developments covered in previous alerts.

Client Alert | January 8, 2021

A Current Guide to Direct Listings

Gibson Dunn lawyers provide a guide to direct listings, which have increasingly been gaining attention as a means for a private company to go public. A direct listing refers to the listing of a privately held company’s stock for trading on a national stock exchange (either the NYSE or Nasdaq) without conducting an underwritten offering, spin-off or transfer quotation from another regulated stock exchange.

Client Alert | January 8, 2021

Open Questions Remain after SEC Approves Primary Direct Listings on the NYSE

Direct listings have emerged as one of the new innovative pathways to the U.S. public capital markets, thought to be ideal for entrepreneurial companies with a well-recognized brand name or easily understood business model.

Client Alert | January 8, 2021

Webcast: Privacy and Consumer Protection Enforcement under the Biden Administration

In this webcast, an experienced team of Gibson Dunn consumer protection attorneys will preview the incoming administration’s anticipated consumer protection agenda in areas including consumer fraud, privacy, and consumer financial protection.

Webcasts | January 7, 2021

Invalid appointments and the restoration of DACA

San Francisco partner Ethan Dettmer and Washington, D.C. associates Suria Bahadue and Matthew Rozen are the authors of "Invalid appointments and the restoration of DACA," [PDF] published by the Daily Journal on January 4, 2021.

Publications | January 7, 2021

EU Consults on New EU Competition Policy for Distribution Agreements

On 18 December 2020, the European Commission launched a comprehensive public consultation on the revision of the European Union antitrust rules specifically applicable to distribution agreements, namely, the 2010 Vertical Block Exemption Regulation and the 2010 Vertical Guidelines, both of which will expire on 31 May 2022.

Client Alert | January 5, 2021

Federal Regulators Propose Rule Requiring Banking Institutions and Service Providers to Provide Rapid Notification Following Significant Computer-Security Incidents

On December 18, 2020, three federal banking regulators jointly issued a notice of proposed rulemaking that would impose rapid notification requirements on banking organizations and bank service providers following “significant” computer-security incidents.

Client Alert | January 4, 2021

DAC 6 Update: UK Narrows Scope of Mandatory Tax Reporting

In a surprise u-turn, on 31 December 2020, the UK government took steps to narrow the scope of mandatory reporting under DAC 6.

Client Alert | January 4, 2021

The Top 10 Takeaways for Financial Institutions from the Anti-Money Laundering Act of 2020

After a complicated path to passage, on January 1, 2021 the Senate completed the override of President Trump’s veto of the National Defense Authorization Act and, as part of that legislation, passed the Anti-Money Laundering Act of 2020. The AMLA is the most comprehensive set of reforms to the anti-money laundering laws in the United States since the USA PATRIOT Act was passed in 2001. The Act’s provisions range from requiring many smaller companies to disclose beneficial ownership information to FinCEN to mandating awards to whistleblowers that report actionable information about Bank Secrecy Act/AML violations.

Client Alert | January 1, 2021

SDNY Denies Motion to Dismiss Breach of Fiduciary Duty Claims Against Former Directors Based on Allegations That Approval of Leveraged Buyout Was Reckless

On December 4, 2020, Judge Rakoff of the Southern District of New York denied a motion to dismiss breach of fiduciary duty claims against former directors of Jones Group (the predecessor to Nine West). The lawsuit arises from the board of directors’ approval of a buyout transaction that distributed $1.2 billion to Jones Group shareholders, while allegedly rendering the company insolvent. The Court allowed the claims to proceed, finding that the directors, by their own admission, failed to conduct a reasonable investigation into whether the transaction as a whole was beneficial to the company or would render the company insolvent.

Client Alert | December 30, 2020

COVID-19 Relief Bill Creates New Small Claims Copyright Board, Stronger Criminal Penalties for Illicit Streaming

On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill, which incorporated the Copyright Alternative in Small-Claims Enforcement Act of 2020. Known as the CASE Act, it contains various revisions to the Copyright Act, 17 U.S.C. §§ 101 et seq., with the goal of creating a new avenue for copyright owners to enforce their rights without having to file a lawsuit in federal court.

Client Alert | December 28, 2020