Client Alert - Gibson Dunn

Client Alert

Supreme Court Holds Biden Administration’s Mass Student Loan-Cancellation Program Unlawful

The Supreme Court held 6-3 that the HEROES Act does not authorize the Secretary of Education to cancel hundreds of billions of dollars in student loan balances.

June 30, 2023

SEC Affirms Intention to Prioritize Adoption of Cybersecurity Rules for Public Companies and Investment Advisers and Funds

Gibson Dunn lawyers review the proposed implementation of two rules by the U.S. Securities and Exchange Commission that address cybersecurity governance and cybersecurity incident disclosure.

June 30, 2023

Recent SEC Enforcement Action Evidences Increased Scrutiny of Permanent Impairment Practices and Private Funds Generally

Our lawyers analyze the U.S. Securities and Exchange Commission’s increased scrutiny of permanent impairment practices and private funds generally.

June 30, 2023

The Supreme Court Limits The Use Of Race In College Admissions: Potential Impact On Workplace Diversity Programs

Gibson Dunn lawyers discuss a U.S. Supreme Court decision which held that Harvard’s and the University of North Carolina’s use of race in their admissions processes violated the Equal Protection Clause and Title VI of the Civil Rights Act, and what it might mean for employers.

June 29, 2023

Supreme Court Clarifies Standard For Assessing Whether A Religious Accommodation Would Result In An “Undue Hardship”

The Supreme Court clarified the standard employers must satisfy to show that granting a religious accommodation would create an “undue hardship” on the employer’s business.

June 29, 2023

Supreme Court Holds That U.S. Trademark Infringement Claims Must Be Based On Domestic Use In Commerce

The Supreme Court held that trademark infringement claims under the Lanham Act apply only where the claimed infringing “use in commerce” occurs in the United States. Our lawyers discuss this case.

June 29, 2023

IRS and Treasury Issue Proposed Regulations Providing Initial Guidance on Direct Payments for Clean Energy Credits

Our lawyers discuss U.S. Treasury regulations proposed by the IRS and Treasury that provide guidance on rules for receiving refund payments in respect of certain credits under the Inflation Reduction Act of 2022.

June 29, 2023

FTC Proposes Dramatic Expansion and Revision of HSR Merger Notification Form

Our lawyers discuss the proposed first major overhaul of the Hart-Scott Rodino Act premerger notification requirements since the HSR program was established 45 years ago.

June 29, 2023

Supreme Court Holds That Due Process Permits A State To Require Registered Businesses To Consent To General Jurisdiction

The U.S. Supreme Court ruled that due process does not prohibit a state from requiring that businesses consent to general personal jurisdiction as a condition of registering to do business in the state. Our lawyers analyze this ruling.

June 27, 2023

MiCA – Crossing the Rubicon for Cryptoasset Regulation in the EU

The EU Markets in Cryptoassets Regulations (MiCA) enter into force this week, which establish a harmonized pan-EU regime for cryptoassets. Our lawyers discuss the scope of the new regulations, which parties they apply to, and obligations on both EU- and non-EU businesses.

June 27, 2023

Supreme Court Holds That Appealing The Denial Of A Motion To Compel Arbitration Automatically Stays District Court Proceedings

Our lawyers discuss a U.S. Supreme Court decision that appealing the denial of a motion to compel arbitration automatically stays district court proceedings pending resolution of that appeal.

June 23, 2023

New York’s Non-Compete Ban Awaits Governor’s Approval

Gibson Dunn lawyers discuss the ramifications of a potential ban on non-disclosure agreements in the state of New York.

June 23, 2023

Supreme Court Holds That Foreign Plaintiffs Can Pursue Civil RICO Claims If They Suffered An Injury That Arose In The United States

Our lawyers discuss a U.S. Supreme Court decision which rejected a bright-line rule that would have precluded foreign plaintiffs from pursuing civil RICO claims, and instead held that foreign plaintiffs can satisfy civil RICO’s domestic-injury requirement if their injuries arose in the United States.

June 22, 2023

European Parliament Adopts Its Negotiating Position on the EU AI Act

Gibson Dunn lawyers provide context to the European Parliament voting to adopt its own negotiating position on the AI Act, which provides a coordinated European regulatory approach on the human and ethical implications of AI.

June 21, 2023

IRS and Treasury Issue Proposed and Temporary Regulations Providing Initial Guidance on Transferability of Clean Energy Credits

Our lawyers discuss proposed regulations issued by the IRS and Treasury that provide guidance on the rules for selling certain tax credits pursuant to a new regime introduced in the Inflation Reduction Act of 2022.

June 21, 2023

Supreme Court Upholds The Federal Government’s Broad Authority To Dismiss False Claims Act Lawsuits After It Has Intervened

The U.S. Supreme Court held 8-1 that the federal government may move at any time to dismiss a False Claims Act lawsuit over the objection of a relator, so long as it first intervenes in the action.

June 16, 2023

New York’s Highest Court Addresses Recent Anti-SLAPP Amendments and Multiple Aspects of Defamation Law in Lawsuit Against Kesha

Our lawyers review the recent decision of the New York Court of Appeals regarding several elements of the state’s defamation law, including which plaintiffs qualify as “public figures.”

June 15, 2023

Recent Developments in Colorado Employment Law

Our lawyers discuss amendments made to Colorado’s employment laws that will affect how employers draft and implement policies and practices, particularly in worker protections.

June 15, 2023

Gibson Dunn Environmental, Social and Governance Update (May 2023)

Gibson Dunn's Environmental, Social and Governance lawyers provide their update for May 2023.

June 13, 2023

Another Step in Seeking to Broaden the Scope of Public Company Audits: The PCAOB Proposes an Expansive Non-Compliance Standard

Our lawyers summarize the 140-page auditing standard proposed by the Public Company Accounting Oversight Board and review the objections of the two Board members who dissented from the proposal based on a range of concerns, including that it would unduly expand the scope of the public company audit.

June 12, 2023