Client Alert - Gibson Dunn

Client Alert

OSHA Issues Vaccination and Testing Emergency Temporary Standard for Larger Employers

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its long-awaited emergency temporary standard (“ETS”) requiring most American workers to be vaccinated or undergo weekly COVID-19 testing.

November 5, 2021

Bank Regulation for Stablecoins – President’s Working Group on Financial Markets Issues Stablecoin Report

Gibson Dunn's lawyers summarize and analyze the recent report on stablecoins, a type of digital asset that has recently grown significantly in market capitalization and importance to the broader digital asset markets.

November 4, 2021

Webcast: Compliance Monitors: Everything that you wanted to know but were afraid to ask

Independent compliance monitors are typically appointed to assess the sufficiency and effectiveness of a company's compliance program and adherence to the terms of a settlement with an enforcement authority, like the SEC or DOJ. In this webcast, a panel of Gibson Dunn lawyers discuss the use of monitorships and related strategies.

November 3, 2021

New York Expands Whistleblower Law

On October 28, 2021, New York Governor Kathy Hochul signed a new law dramatically expanding protections for whistleblowers in New York. Gibson Dunn lawyers examine the changes to existing whistleblower protections under New York Labor Law Section 740.

November 3, 2021

Third Quarter 2021 Update on Class Actions

This update provides an overview of key class action developments during the third quarter of 2021. 

November 2, 2021

Deputy Attorney General Announces Important Changes to DOJ’s Corporate Criminal Enforcement Policies

On October 28, 2021, Deputy Attorney General Lisa Monaco spoke to the ABA’s 36th National Institute on White Collar Crime and announced, among other things, three actions the U.S. Department of Justice (“DOJ”) is taking with respect to its policies on corporate criminal enforcement.

October 29, 2021

China Publishes Draft Amendment to the Anti-Monopoly Law

China’s Anti-Monopoly Law (AML) was adopted in 2007 and talks about possible amendments have regularly surfaced in the last few years.  The State Administration for Market Regulation (SAMR) released a draft amendment for public comments in early 2020.  The process is now accelerating with a formal text (“AML Amendment”) submitted to the thirty-first session of the Standing Committee of the National People’s Congress for first reading on 19 October 2021. Gibson Dunn lawyers summarize the main proposed changes to the AML, which have been published for comments.

October 27, 2021

The UK Financial Services Regulators’ Recent Push on the ‘S’ in ESG

Gibson Dunn lawyers look at recent proposals in the UK to enhance diversity and inclusion in the financial services and the UK listed company sectors respectively.

October 27, 2021

EU Competition Commissioner Signals Tougher Enforcement of No-Poach and Other Labor Market Agreements

On 22 October, 2021, Executive Vice President Margrethe Vestager delivered a speech in which she stated for the first time that the European Commission is going to expand its cartel enforcement to labor markets, including no-poach and wage-setting agreements.

October 26, 2021

EEOC Expands Guidance on Religious Exemptions to Vaccine Mandates Under Title VII

On October 25, 2021, the Equal Employment Opportunity Commission expanded its guidance on religious exemptions to employer vaccine mandates under Title VII of the Civil Rights Act of 1964. The EEOC emphasizes that whether an employee is entitled to a religious accommodation is an individualized determination to be made in light of the “particular facts of each situation.”

October 26, 2021

California Governor Newsom Signs Three Important New Bills into Law Impacting Residential Zoning and Development

On September 16, 2021, Governor Gavin Newsom signed bipartisan legislation intended to expand housing production in California, streamline the process for cities to zone for multi-family housing, and increase residential density, all in an effort to help ease California’s housing shortage.

October 25, 2021

The French Government Is Required to Take Measures to Compensate for Ecological Damage for Which It Is Responsible

In a judgment dated 14 October 2021 related to the so-called “Case of the Century”, the Paris Administrative Court (the Court) ordered the State to make good the consequences of its failure to reduce greenhouse gas (GHG) emissions. In this respect, the Court ordered that the excess of the GHG emissions cap set by the first carbon budget be offset by 31 December 2022 at the latest. The French Government remains free to choose the appropriate measures to achieve this result.

October 25, 2021

Digital Asset Developments: U.S. Commodity Futures Trading Commission Asserts That Tether Is a Commodity

On Friday October 15, 2021, the Commodity Futures Trading Commission (CFTC) issued an enforcement order against the issuers of the U.S. dollar Tether token (USDT), a leading stablecoin, and fined those issuers $41 million for making untrue or misleading statements about maintaining sufficient fiat currency reserves to back each USDT “one-to-one.”

October 20, 2021

Gibson Dunn | Europe | Data Protection – September 2021

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for September 2021.

October 20, 2021

Recent SEC Amendments Bring Changes to Filing Fee Disclosure and Payment Methods

On October 13, 2021, the Securities and Exchange Commission adopted amendments to modernize filing fee disclosure for certain forms and schedules, as well as update payment methods for fees related to these filings.

October 19, 2021

U.S. House Ways and Means Committee Proposes Substantial Extension and Expansion of Clean Energy Tax Incentives

If enacted into law in its current form, the Build Back Better Act would substantially extend and expand available clean energy tax incentives, including the investment tax credit (“ITC”), the production tax credit (“PTC”), and the carbon capture and sequestration credit. Gibson Dunn lawyers examine the current state of the proposed legislation.

October 13, 2021

8 Key Elements for a Successful Lift-Out Transaction

Over the past few years we have observed a trend in companies seeking to outsource (and monetize) certain core, best-in-class processes, otherwise known as "lift-out" transactions. Gibson Dunn lawyers examine 8 key elements for conducting a successful lift-out transaction.

October 12, 2021

COP15: Biodiversity Firmly Back on the Regulatory Agenda

The upcoming Kunming conference marks the 15th meeting of the Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity, and aspires to do for biodiversity what the Paris Agreement did for climate change - namely, producing a landmark multinational accord to address one of the most pressing ecological and economic issues of our time.

October 12, 2021

UK CMA Adopts Green Claims Code and Consults on Environmental Sustainability: Time for a Compliance Review

On 20 September, the Competition & Markets Authority (CMA) published a Green Claims Code aimed at protecting consumers from misleading environmental claims amidst concerns over ‘greenwashing,’ i.e. overstated, unsubstantiated green credentials of a product or service.

October 7, 2021

Second Circuit Issues Important Ruling Concerning Authors’ Termination Rights Under The Copyright Act

In Horror Inc. v. Miller, the Second Circuit affirmed that Victor Miller had successfully reclaimed his rights in the screenplay for Friday the 13th by invoking the Copyright Act’s termination provisions, notwithstanding his assignment of those rights to a film production company in 1980.  The Court reached that conclusion after finding that Miller’s assignment was made as an independent contractor, rather than as an employee.

October 5, 2021