Client Alert - Gibson Dunn

Client Alert

Artificial Intelligence and Automated Systems Legal Update (1Q22)

Our 1Q22 Artificial Intelligence and Automated Systems Legal Update examines policy developments within the U.S. and EU that may be of interest to domestic and international companies alike.

May 5, 2022

CFPB Invokes Dormant Dodd-Frank Authority to Regulate Nonbank Financial Companies

On April 25, 2022, the Consumer Financial Protection Bureau announced that it will begin relying upon a “largely unused legal provision” of the Dodd-Frank Act to supervise nonbank financial companies that purportedly pose risks to consumers.

May 5, 2022

U.S. FTC Previews Potentially Significant Changes to the HSR Filing Form

This alert looks at possible revisions by the Federal Trade Commission to the Premerger Notification and Report Form (aka the HSR Form) that are meant “to conform to changing market realities and global standards.”

May 5, 2022

City Council Amends New York City Pay Transparency Law

On April 28, 2022, the New York City Council amended the City’s pay transparency law, which was scheduled to go into effect on May 15.  The amendments delay the effective date of the law until November 1, 2022.  The amendments also make additional key changes that are noteworthy for employers.

May 2, 2022

DOJ Antitrust Division Head Promises Litigation to Break Up Director Interlocks

The Department of Justice’s Antitrust Division promised in a recent speech to increase enforcement of Section 8 of the Clayton Act, which prohibits competing corporations from sharing common directors or officers.  The prevailing enforcement climate means that companies should have a compliance plan in place to discover potential director interlocks before they develop and monitor existing outside director positions to ensure they conform to existing Section 8 safe harbors.

May 2, 2022

Russia Responds to International Sanctions – An Overview of Russian Countersanctions and Further Measures against So-Called “Unfriendly States”

This client alert discusses the most significant “countersanctions” levied by Russia against “unfriendly countries” and companies that are trying to comply with the U.S., UK, EU and other sanctions regimes against Russia and Belarus.

May 2, 2022

Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance

Today, the Supreme Court held 6-3 that emotional-distress damages are not available in discrimination actions against recipients of federal financial assistance.

April 28, 2022

First Quarter 2022 Update on Class Actions

This update provides an overview of key class-action-related developments during the first quarter of 2022 (January through March).

April 28, 2022

Prior Approval Provisions in FTC Merger Consent Orders

In this alert, we discuss the Federal Trade Commission’s recent reinstatement of a long dormant policy restricting certain future acquisitions by parties that hereafter enter into an FTC consent order.

April 28, 2022

Starting on May 7, 2022, New York Requires Electronic Monitoring Notices to Employees

On November 8, 2021 New York Governor Kathy Hochul signed an amendment to the New York Civil Rights Law which requires employers provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law is scheduled to go into effect on May 7, 2022.

April 26, 2022

Proactive Management of Antitrust Risk Amidst the Q1 M&A Slowdown

Our lawyers discuss the dip in global M&A in Q1 2022 and how the current regulatory climate around antitrust issues presents a challenge for deal makers.

April 22, 2022

Supreme Court Holds That Regulation Applying Different Rules To Off-Premises Advertisements Is Content Neutral

Today, the Supreme Court held that a regulation treating on-premises signs—those that contain advertisements for the place where the signs are located—differently from off-premises signs is content neutral and therefore not subject to strict scrutiny under the First Amendment.

April 21, 2022

Supreme Court Holds That Late Petitions For Review Of IRS Collection Due Process Determinations Are Subject To Equitable Tolling

Today, the Supreme Court unanimously held that the Internal Revenue Code’s 30-day deadline for taxpayers to seek Tax Court review of “collection due process” determinations is a nonjurisdictional claims-processing rule that is subject to equitable tolling.

April 21, 2022

New Sustainability Measures for the Textiles Sector

In March 2022, amidst an array of new proposals for sustainable products (including a proposed draft Regulation on Ecodesign for Sustainable Products) the European Commission announced an EU Strategy for Circular and Sustainable Textiles. This article explores the details of the strategy.

April 20, 2022

Employers Beware: Aggressive and Expansive Labor-Focused Antitrust Enforcement Will Remain The New Normal

In the past year, the U.S. Federal Trade Commission (“FTC”) and Department of Justice’s Antitrust Division (“DOJ”) have put antitrust enforcement in the employment context at center stage.

April 18, 2022

Summary of and Considerations Regarding the SEC’s Proposed Rules on Climate Change Disclosure

This client alert provides an overview of, and our current perspectives on, the SEC’s recently proposed rules that would establish a new climate change reporting framework for U.S. public companies and foreign private issuers as well as practical recommendations on what companies should be doing now.

April 15, 2022

U.S. Department of Justice and Federal Trade Commission Host Antitrust Enforcers Summit

On April 4, 2022, the U.S. Federal Trade Commission and U.S. Department of Justice hosted international and state antitrust enforcers for panel discussions on current and emerging enforcement trends.

April 12, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

April 12, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

April 11, 2022

Hong Kong SFC Publishes Circular to Licensed Corporations on Handling of Client Complaints

On 31 March 2022, the Hong Kong Securities and Futures Commission released a new circular to licensed corporations on the handling of client complaints, alongside an Appendix setting out the SFC’s expected regulatory standards and suggested techniques and procedures for handling client complaints.

April 11, 2022