This update provides an overview and summary of key class action developments during the fourth quarter of 2021 (October through December).
January 27, 2022
On the heels of a record-setting 2020, the year 2021 saw a more modest pace of Foreign Corrupt Practices Act enforcement, particularly as it relates to corporate actions. This update provides an overview of the FCPA and other domestic and international anti-corruption enforcement, litigation, and policy developments from 2021, as well as the trends we see from this activity.
January 25, 2022
On January 24, 2022, the Federal Trade Commission announced its annual update of thresholds for pre-merger notifications of certain M&A transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
January 25, 2022
On January 14, 2022, a federal court in New York issued its decision in Federal Trade Commission v. Shkreli, holding that Martin Shkreli, the former head of Vyera Pharmaceuticals, violated federal and state antitrust laws by allegedly interfering with the entry of generic competition for Vyera’s drug Daraprim.
January 25, 2022
BlackRock, Vanguard and State Street Global Advisors recently issued their voting policy updates for 2022, as well as guidance about their 2022 priorities for their portfolio companies. These pronouncements from the “Big Three” asset managers reflect a number of common themes, including an emphasis on climate and the transition to a Net Zero economy, diversity at the board level and throughout the workforce, and effective human capital management.
January 25, 2022
On Monday, January 24, 2022, the Supreme Court held 8-0 that offering inexpensive investment options, together with other allegedly high-cost options, in a defined-contribution retirement plan does not itself categorically foreclose a claim for breach of ERISA’s duty of prudence.
January 24, 2022
We offer our observations on new developments and recommended practices for calendar-year filers to consider in preparing their Form 10‑K. This alert reviews the recent amendments to Regulation S-K adopted by the U.S. Securities and Exchange Commission and discusses how public companies are reacting to these new requirements.
January 21, 2022
Adding to the growing list of jurisdictions that have passed pay transparency laws, effective May 15, 2022, employers in New York City will be required to include salary ranges in job postings.
January 21, 2022
Gibson Dunn lawyers examine a number of the most significant developments from 2021 affecting companies as they navigate the evolving AI and autonomous systems landscape.
January 20, 2022
On January 18, 2022, the U.S. Federal Trade Commission (“FTC”) and the Department of Justice’s Antitrust Division (“DOJ”) held a press conference to announce a joint public inquiry aimed at revising the agencies’ merger guidelines. Gibson Dunn lawyers provide an overview of the planned inquiry.
January 19, 2022
Gibson Dunn lawyers look at the significant developments in securities enforcement from the second half of 2021.
January 19, 2022
California SB 331, or the “Silenced No More Act,” introduces additional restrictions on settlement agreements, non-disparagement agreements and separation agreements executed with employees in California after January 1, 2022. Our lawyers discuss the potential impact of this new law.
January 19, 2022
Following an unprecedented year for UK regulated firms in 2020, the UK Financial Conduct Authority used 2021 to advance a number of regulatory initiatives. Gibson Dunn lawyers assess the regulatory landscape through the lens of three notable “hot topics”: environment, social and governance (“ESG”) developments; fintech and cryptoassets; and individual accountability and conduct risks.
January 19, 2022
Gibson Dunn lawyers provide an overview of the Hong Kong Monetary Authority's views on crypto-assets and stablecoins as outlined in a recently-released Discussion Paper, discuss the implications for players in the stablecoin ecosystem if the proposed changes are implemented, and suggest next steps for interested parties.
January 18, 2022
On December 23, 2022, President Biden signed the Uyghur Forced Labor Prevention Act into law. The UFLPA, which received widespread bipartisan support in Congress, is the latest in a line of U.S. efforts to address the plight of Uyghurs and other persecuted minority groups in China’s Xinjiang Uyghur Autonomous Region.
January 14, 2022
Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for the latter half of December 2021.
January 14, 2022
On Thursday, January 13, 2022, by a 6–3 vote, the Supreme Court prevented the implementation of an OSHA rule that would have imposed a vaccine-or-testing regime on employers with 100 or more employees.
January 13, 2022
Once more, 2021 demonstrated that constant change should become your friend and ally. After a second year of global uncertainty caused by the formidable challenges of the COVID-pandemic, we all long for a return “back-to-normal.” However, chances are that 2022 will continue to present drastic and unpredictable challenges.
January 13, 2022
The tense political battles between former President Donald J. Trump and the United States House of Representatives under Democratic leadership renewed debates over the nature and extent of Congress’s authority to investigate and conduct oversight and have wide-ranging implications for congressional investigation of not just the Executive Branch but also of private parties.
January 10, 2022
Effective January 1, 2023, New York City employers will be restricted from using artificial intelligence machine-learning products in hiring and promotion decisions. Gibson Dunn lawyers provide an overview of the new law and its implications for employers.
December 27, 2021