Client Alert - Gibson Dunn

Client Alert

U.S. Supreme Court Rules That Aereo’s Streaming of Broadcast Television Programming Violates the Copyright Act

On June 25, 2014, the Supreme Court of the United States ruled in American Broadcasting Cos. v. Aereo, Inc., 13-461 (U.S. June 25, 2014), that the video streaming service offered by Aereo, Inc.

June 25, 2014

Shareholder Proposal Developments During the 2014 Proxy Season

This alert provides an overview of shareholder proposals submitted to public companies during the 2014 proxy season, including statistics, notable decisions from the staff (the "Staff") of the Securities and Exchange Commission (the "SEC") on no-action requests and information about litigation regarding shareholder proposals.

June 25, 2014

U.S. Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gas Emissions through Stationary Source Permitting Requirements under Clean Air Act

On June 23, 2014, the U.S. Supreme Court ruled in Utility Air Regulatory Grp. v. EPA, that the United States Environmental Protection Agency ("EPA") exceeded its statutory authority under the Clean Air Act when it determined that stationary source emissions of greenhouse gases ("GHGs") would trigger permitting obligations under the Prevention of Significant Deterioration ("PSD") program and Title V of the Act.

June 24, 2014

Legal risks of fracking bans are real

Los Angeles partner Jeffrey Dintzer and associate Nathaniel Johnson are the authors of "Legal risks of fracking bans are real" [PDF] published on June 24, 2014 by the Los Angeles Daily Journal.

June 24, 2014

The Revival of Delisting

Munich partner Philip Martinius is author of “The Revival of Delisting” [PDF] published in the Business Law Magazine.  The article deals with practical issues after German Federal Court of Justice dropped cumbersome restrictions.

June 24, 2014

U.S. Supreme Court Enforces Price Impact Requirement for Securities Fraud Class Actions

On June 23, 2014, the Supreme Court issued its much-anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., 573 U.S. ___ (2014) (Halliburton II).

June 23, 2014

Supreme Court Unanimously Holds That Computer-Implemented Economic Concepts Are Not Patent-Eligible

On June 19, 2014, the United States Supreme Court decided a closely watched case addressing the patent-eligibility under 35 U.S.C.

June 20, 2014

A New (Old) Enforcement Tool for the SEC

San Francisco partner Marc Fagel is the author of "A new (old) enforcement tool for the SEC" [PDF] published in the June 5, 2014 issue of the Daily Journal.

June 16, 2014

Los Angeles Superior Court Strikes Down California’s Teacher Tenure Laws in Landmark Decision Protecting Students’ Rights

On June 10, 2014, Los Angeles County Superior Court Judge Rolf M. Treu issued an historic decision in Vergara v.

June 13, 2014

Del. v. N.Y. Law in Determining Liability Under Acquisition Agreements

New York partner Brian Gingold and Dallas associate Chris Babcock are the authors of "Del. v. N.Y. Law in Determining Liability Under Acquisition Agreements" [PDF] published on June 11, 2014 by the Delaware Business Court Insider.

June 11, 2014

U.S. Supreme Court Closes the Stern Gap and Restores Working Order in Bankruptcy Procedure

On June 9, 2014, the Supreme Court issued its opinion in Executive Benefits Insurance Agency v. Arkison, No. 12-1200, 573 U.S. __, (June 9, 2014).In a 9-0 decision, the Supreme Court removed concerns that proceedings before a bankruptcy court may be later rendered a nullity.  Specifically, the Court affirmed the Ninth Circuit's conclusion that claims that are statutorily defined as "core" bankruptcy claims by 28 U.S.C.

June 10, 2014

Supreme Court Unanimously Strikes Down Federal Circuit’s “Insolubly Ambiguous” Test for Indefiniteness, Requires Claims to Have “Reasonable Certainty” About Scope of Invention

On June 2, 2014, the Supreme Court of the United States unanimously struck down the Federal Circuit's test for patent claim indefiniteness, holding that the lower court's "insolubly ambiguous" standard tolerated too much ambiguity in patent claims.  Nautilus, Inc.

June 6, 2014

Penalty Box – How Sanctions Trap Policymakers

Gibson Dunn associate Eric Lorber and Peter D.

June 6, 2014

Second Circuit Requires “Significant Deference” to SEC’s Decision to Enter into Consent Decrees in Regulatory Enforcement Actions

On June 4, 2014, the United States Court of Appeals for the Second Circuit issued an important decision in United States Securities and Exchange Commission v.

June 5, 2014

A Second Look at the Decision in Chen v. Howard-Anderson

Palo Alto partner Paul Collins is the author of "A Second Look at the Decision in Chen v. Howard-Anderson" [PDF] published by the Delaware Business Court Insider on June 4, 2014.

June 4, 2014

U.S. Environmental Protection Agency Proposes Regulations to Limit Carbon Dioxide Emissions from Existing Electric Utility Generating Units

On June 2, 2014, the United States Environmental Protection Agency ("EPA") issued its long-awaited proposed rule to limit carbon dioxide emissions from existing electric utility generating units ("EGU").

June 4, 2014

Unanimous Supreme Court Decides That Induced Infringement Requires a Direct Infringer

On June 2, 2014, the Supreme Court of the United States held that induced infringement requires a direct infringer--i.e., a single entity who performs every step of a patented method-- reversing an en banc decision of the Federal Circuit.  Writing for a unanimous Court, Justice Alito explained that there can be no induced infringement under 35 U.S.C.

June 3, 2014

Net Neutrality in Europe: Reconciling the Irreconcilable

Brussels partner Peter Alexiadis is the author of “Net neutrality in Europe: reconciling the irreconcilable” [PDF] published in the June 2014 issue of Financier Worldwide.

June 1, 2014

A first-of-its-kind ruling on the FCPA

Los Angeles partner Debra Wong Yang and associate Poonam Kumar are the authors of "A first-of-its-kind ruling on the FCPA" [PDF] published in the May 23, 2014 issue of the Daily Journal.

May 23, 2014