Client Alert - Gibson Dunn

Client Alert

FDA Issues Overdue Guidance on Diversity Action Plans in Drug and Device Clinical Trials – What You Need to Know

On June 26, 2024, FDA released its long-awaited draft guidance on Diversity Action Plans to increase enrollment of underrepresented populations in clinical trials of drugs and devices.

July 16, 2024

California Supreme Court Holds That Courts Must Conduct A Qualitative Severance Analysis Even If They Find Multiple Unconscionable Provisions In An Arbitration Agreement

The California Supreme Court held today that an arbitration agreement may be unconscionable if it requires a party resisting arbitration to pay the other party’s attorney’s fees, requires arbitration of claims commonly brought by employees but not those commonly brought by employers, or unreasonably shortens a statute of limitations. Yet even if an agreement contains unconscionable provisions, a court must analyze whether they may be severed and the rest of the agreement enforced.

July 15, 2024

Further Expansion of DIFC Prescribed Company Regime

The DIFCA published a consultation paper seeking public comment on a draft of the amended PC Regulations in May of this year. The amendments take effect on 15 July 2024.

July 15, 2024

Derivatives, Legislative and Regulatory Weekly Update (July 12, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

July 12, 2024

Federal Circuit Update (June 2024)

This edition of Gibson Dunn’s Federal Circuit Update for June 2024 summarizes the current status of a couple petitions pending before the Supreme Court and recent Federal Circuit decisions concerning damages, trade secret misappropriation, patent eligibility under 35 U.S.C. § 101, and induced infringement.

July 12, 2024

Gibson Dunn | Europe | Data Protection – Q1 and Q2 2024

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for the first two quarters of 2024.

July 12, 2024

It’s Getting Real – Expanded CFIUS Jurisdiction Over Real Estate Transactions

A proposed rule from the Committee on Foreign Investment in the United States would substantially expand the scope of covered real estate transactions subject to national security review during a time of growing concern around foreign acquisitions of U.S. land.

July 11, 2024

Gibson Dunn Environmental, Social and Governance Update (June 2024)

We are pleased to provide you with Gibson Dunn’s ESG update covering the following key developments during June 2024.

July 10, 2024

Lexology In-Depth: International Investigations

Gibson, Dunn & Crutcher LLP announces release of Edition 14 of Lexology In-Depth: International Investigations.

July 8, 2024

What Employers Can Expect in the UK under the New Labour Government

In the lead up to the election, the Labour Party proposed extensive reforms to UK employment law as part of “Labour’s Plan to Make Work Pay: Delivering A New Deal for Working People.” Legislation is expected to be put before Parliament within the first 100 days of the Labour Party’s entry into government.

July 8, 2024

Derivatives, Legislative and Regulatory Weekly Update (July 5, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

July 5, 2024

Northern District of Texas Preliminarily Enjoins the Federal Trade Commission’s Non-Compete Rule

On July 3, 2024, the United States District Court for the Northern District of Texas concluded that the Federal Trade Commission’s Non-Compete Rule, which would retroactively invalidate over 30 million employment contracts and preempt the laws of 46 states, exceeds the FTC’s statutory authority and is arbitrary and capricious in violation of the Administrative Procedure Act. 

July 5, 2024

DEI Task Force Update (July 3, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

July 3, 2024

The Long Arm of EU Sanctions? Latest EU Sanctions on Russia and Belarus Extend to Non-EU Subsidiaries and Introduce Mandatory Risk Assessment

Many multinational companies based in or operating in the European Union will need to restructure their sanctions compliance programs to avoid potential sanctions violations and enforcement risks going forward.

July 3, 2024

IRS and Treasury Issue Final Regulations on Prevailing Wage and Apprenticeship Requirements under the IRA

The IRS and Treasury published final Treasury regulations (the “Final Regulations”) on the prevailing wage and apprenticeship requirements (the “PWA Requirements”) that taxpayers must satisfy to receive the full amount of certain tax credits provided for in the Inflation Reduction Act of 2022 (the “IRA”).

July 2, 2024

Fifth Circuit Finds SEC’s “About-Face” On Proxy-Firm Disclosure Rule Arbitrary And Capricious

A unanimous Fifth Circuit panel vacated the SEC’s 2022 rescission of its 2020 proxy firm disclosure rule because the SEC failed to explain why the factual findings that supported the 2020 Rule were incorrect.

July 1, 2024

Supreme Court Holds That Six-Year Limitations Period For Administrative Procedure Act Claims Runs From The Plaintiff’s Injury, Not The Rule’s Promulgation

Today, the Supreme Court held 6–3 that the six-year clock to bring a claim under the Administrative Procedure Act starts when an agency rule injures the plaintiff, not when the agency issues the rule.

July 1, 2024

Supreme Court Holds That The Eighth Amendment Does Not Prevent Enforcement Of Camping Regulations On Public Property

The Supreme Court held 6–3 that the constitutional prohibition on “cruel and unusual punishments” does not forbid low-level fines and jail terms for camping on public property.

June 28, 2024

Supreme Court Overrules Chevron, Sharply Limiting Judicial Deference To Agencies’ Statutory Interpretation

The Supreme Court overruled Chevron v. Natural Resources Defense Council, a landmark decision that had required courts to defer to agencies’ reasonable interpretations of ambiguous statutory terms.

June 28, 2024

Derivatives, Legislative and Regulatory Weekly Update (June 28, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

June 28, 2024