Client Alert - Gibson Dunn

Client Alert

Hong Kong Court of Final Appeal Confirms That ‘Leverage’ Satisfies the ‘Benefit’ Requirement for Winding Up Foreign Companies

The Hong Kong Court of Final Appeal has recently confirmed that for the purpose of winding up foreign companies in Hong Kong, the requirement that the winding up must benefit the petitioner can include commercial pressure (in other words, leverage) to achieve the repayment of an undisputed debt.

June 24, 2022

Enforcement of the Uyghur Forced Labor Prevention Act Begins in the United States

The Uyghur Forced Labor Prevention Act - and its stringent import restrictions - took effect on June 21, 2022. The Act, the latest effort by the United States concerning the Uyghur population in China’s Xinjiang Uyghur Autonomous Region, greatly increases the showing that companies need to make to prove that goods produced in the XUAR, in full or in part, are entitled to entry into the United States.

June 23, 2022

Hong Kong Court of Appeal Confirms That Disputes Over Arbitration Clauses Are for Arbitrators but Not Courts to Resolve

In C v D [2022] HKCA 729, the Hong Kong Court of Appeal confirmed a lower court’s decision that a dispute over a multi-tiered dispute resolution clause, which stipulates that the parties must first negotiate in good faith before resorting to arbitration, should be resolved by the arbitral tribunal and is not open to attack at the local courts.

June 22, 2022

Recent Iraqi Supreme Court Decision Likely to Trigger Investment Arbitration Claims

On February 15, 2022, the Federal Supreme Court of the Republic of Iraq issued a sweeping decision upending the existing legal framework governing the oil sector in the country. The Government of Iraq has since taken numerous steps to implement the decision, which may have significant and far-reaching repercussions on international oil companies operating under petroleum contracts with the Kurdistan Regional Government.

June 17, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

June 15, 2022

Insights on New California Privacy Law Draft Regulations

Our lawyers provide insights into the draft regulations created by the California Privacy Protection Agency for the California Privacy Rights Act.

June 15, 2022

Hong Kong SFC Consults on Significant Reforms to the SFO Enforcement Provisions

On June 10, 2022, the Hong Kong Securities and Futures Commission published a consultation paper on proposed amendments to enforcement-related provisions of the Securities and Futures Ordinance. This is particularly noteworthy, as the Consultation Paper marks the first time that the SFC has consulted on changes to enforcement-related provisions since the introduction of the SFO 20 years ago.

June 14, 2022

Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts

On June 13, 2022, the Supreme Court held 9-0 that parties to private arbitrations abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations.

June 13, 2022

EC Regulation on Foreign Subsidies Distorting the Internal Market

On 5 May 2021, the European Commission proposed a new Regulation on the grant of subsidies from foreign Governments outside the European Union to companies active within the European Union which are considered to distort competition in the EU.

June 7, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

June 6, 2022

Recent Developments in New York’s Amended Anti-SLAPP Law

Our lawyers discuss recent developments in New York's anti-SLAPP law, including questions about if 2020 amendments to the law apply retroactively.

June 1, 2022

FTC Warns EdTech Providers Must Heed Children’s Privacy Rules

The Federal Trade Commission recently doubled down on its efforts to combat perceived deception and privacy violations in the education sector, and in particular, perceived violations by education technology providers and for-profit educational institutions.

May 27, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

May 23, 2022

Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action

On May 12, 2022, more than six months after the Equal Employment Opportunity Commission announced its Initiative on Artificial Intelligence and Algorithmic Fairness, the agency issued its first guidance regarding employers’ use of Artificial Intelligence.

May 23, 2022

Ninth Circuit Enforces Forum Selection Bylaw Against Federal Securities Claim

On May 13, 2022, the Ninth Circuit affirmed a ruling that effectively bars plaintiffs from asserting federal securities law claims derivatively when a company has designated a state court venue as the exclusive forum for derivative actions.

May 20, 2022

New District Court Decision Provides Useful Guidance on Application of Trademark Law to Virtual Goods

A decision issued on May 18, 2022 by U.S. District Judge Jed S. Rakoff of the Southern District of New York may provide valuable insight into how courts will consider trademark claims regarding NFTs.

May 20, 2022

International Comparative Legal Guide to: Anti-Money Laundering 2022

Gibson, Dunn & Crutcher LLP is pleased to announce with Global Legal Group the release of the International Comparative Legal Guide to: Anti-Money Laundering 2022. Gibson Dunn partners Stephanie L. Brooker and Joel M. Cohen were again contributing editors to the publication which covers issues including criminal enforcement, regulatory and administrative enforcement and requirements for financial institutions and other designated businesses.

May 20, 2022

The FTC at Full Strength: What to Expect Next

The addition of Commissioner Alvaro Bedoya establishes the first Democratic majority at the FTC since Commissioner Rohit Chopra left the agency. This alert addresses key issues that may see more activity in light of the new Democratic majority.

May 16, 2022

U.S. Privacy Law Update: Connecticut Enacts Comprehensive Privacy Law as Other States’ Laws Continue to Develop

Connecticut has joined California, Virginia, Colorado, and Utah in enacting comprehensive data privacy legislation, with a signature from Governor Lamont this week on the Connecticut Data Privacy Act.

May 13, 2022

Introduction of Corporate Tax in the UAE

In this client alert, we provide a summary of the key policy drivers behind the introduction of a federal Corporate Tax on business profits in the United Arab Emirates, the key features of the proposed regime, and high level commentary contextualising the potential effects of the legislative reforms on our clients.

May 12, 2022