Client Alert - Gibson Dunn

Client Alert

Supreme Court Holds New Meaning Alone Is Not Sufficient For The Fair Use Defense

Gibson Dunn lawyers discuss a Supreme Court ruling that a work of art is not sufficiently transformative for purposes of the fair use doctrine even if it conveys a different meaning or message from the source material.

May 18, 2023

Supreme Court Rejects Antibody Drug Patent, Clarifies Patent “Enablement” Requirement

Our lawyers review a U.S. Supreme Court ruling rejecting drug patents and clarifying the Patent Act’s enablement requirement.

May 18, 2023

California’s City and County Attorneys Poised to Flex Newly Granted UCL Investigatory Power

Our lawyers discuss how city attorneys and certain county counsels in California may use their newly provided authority to investigate businesses under the state’s Unfair Competition Law.

May 18, 2023

Child and Forced Labor Risks Global Task Force

Gibson Dunn has established a Child and Forced Labor Risks Global Task Force to help our clients prevent illegal child and forced labor, evaluate their supply chains, and respond to investigations and litigation.

May 17, 2023

German Whistleblower Protection Act Brings New Obligations for Companies

Gibson Dunn lawyers comment on a new German law protecting those who report violations around the workplace.

May 17, 2023

IRS and Treasury Issue Notice 2023-38 Providing Initial Guidance on “Domestic Content” for ITC- and PTC-eligible Projects

Our lawyers discuss an IRS and Treasury notice which provides initial guidance for developers and investors seeking to qualify projects for the domestic content bonus credit available under sections 45, 45Y, 48, and 48E.

May 17, 2023

Agencies Release Reports Detailing Supervision and Regulation of Silicon Valley Bank and Signature Bank

Gibson Dunn lawyers examine federal banking agencies’ expected response to the recent bank failures, and how that response will shape the regulatory landscape for institutions of all sizes and their partners.

May 16, 2023

CHIPS Act Update: New Guidance on Federal Environmental Permitting of CHIPS Act Projects

Our lawyers review the Environmental Questionnaire that applicants for CHIPS funding must now complete. The questionnaire will be used by the CHIPS Program Office to assess the environmental risks and merits of each project.

May 16, 2023

EU Commission Proposes Harmonized Framework to Combat Corruption

Our lawyers review a new directive proposed by the European Commission that would harmonize corruption offenses, sanctions, related prevention and enforcement.

May 15, 2023

DOJ’s Consumer Protection Branch Releases Second Annual Recent Highlights Report

Gibson Dunn lawyers discuss the second annual Recent Highlights Report recently released by the U.S. Department of Justice’s Consumer Protection Branch, which describes the Branch and its role at DOJ along with reviewing significant litigation and resolutions that occurred in 2022.

May 15, 2023

Federal Infrastructure Permitting Reform Update: Senate Energy & Natural Resources Committee Members Bullish on Reform

Gibson Dunn lawyers analyze developments regarding the infrastructure permitting debate in Congress.

May 12, 2023

Supreme Court Overturns Wire Fraud Conviction of Private Citizen Under Honest-Services Theory After Holding That The Jury Instructions Given Were Too Vague

The Supreme Court overturned a wire fraud conviction based on an honest-services theory. The Court reasoned that while such a theory can potentially cover private persons, it does not extend to all private persons.

May 11, 2023

Supreme Court Rejects “Right-to-Control” Theory And Reaffirms That The Federal Fraud Statutes Reach Only Traditional Property Interests

Our lawyers look at the unanimous decision by the Supreme Court to reject the ‘right-to-control’ theory of wire fraud.

May 11, 2023

Supreme Court Rejects Dormant Commerce Clause Challenge To California Law Restricting Sale Of Pork Based On Conditions In Which Pigs Are Raised

The Supreme Court held in a fractured decision that California’s ban on the sale of pork that comes from pigs that were raised in a “cruel manner,” regardless of where the pigs are raised, does not violate the dormant Commerce Clause.

May 11, 2023

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

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

May 10, 2023

Hong Kong Court of Final Appeal Upholds Dismissal of Bankruptcy Petition Where Debt Under Dispute Was Subject to Exclusive Jurisdiction Clause

Our lawyers examine a recent decision by the Hong Kong Court of Final Appeal to uphold dismissal of a bankruptcy petition on the basis that it should not proceed if the underlying debt is subject to an exclusive jurisdiction clause.

May 10, 2023

How to Stay on Top of Cybersecurity Disclosures as SEC Ramps Up Enforcement

Writing for Legaltech News, Stephenie Gosnell Handler, David Woodcock and Vivek Mohan discuss how companies need to not only manage cybersecurity risks and prevent attacks, but also respond to them with proper disclosures.

May 9, 2023

SEC Adopts Significant Amendments to Form PF Reporting and Filing Requirements

Gibson Dunn lawyers discuss recent amendments adopted by the U.S. Securities and Exchange Commission to Form PF, the confidential reporting form created in 2011 as part of the Dodd-Frank Act.

May 9, 2023

M&A Report: Delaware Court of Chancery Declines to Enforce a Covenant Not to Sue Upon Exercise of a Drag-Along Right for Public Policy Reasons

Gibson Dunn lawyers discuss a ruling by the Delaware Court of Chancery that a covenant not to sue cannot shield defendants from tort liability for intentional harm.

May 8, 2023

First Quarter 2023 Update on Class Actions

Our lawyers provide an overview of key class action-related developments during the first quarter of 2023.

May 8, 2023