On September 22, 2021, the Public Company Accounting Oversight Board (PCAOB) adopted a final rule implementing the Holding Foreign Companies Accountable Act (HFCAA), which became law in December 2020 and prohibits foreign companies from listing their securities on U.S. exchanges if the company has been unavailable for PCAOB inspection or investigation for three consecutive years.
September 30, 2021
To continue assisting US companies with planning for SEC reporting and capital markets transactions into 2022, we offer our annual SEC Desktop Calendar. This calendar provides both the filing deadlines for key SEC reports and the dates on which financial statements in prospectuses and proxy statements must be updated before use (a/k/a financial staleness deadlines).
September 30, 2021
On September 23, 2021, President Joseph Biden announced his intention to nominate Professor Saule Omarova of Cornell Law School to be the next Comptroller of the Currency. This alert touches on the key themes of her academic writings and addresses how these themes could translate into regulatory priorities at the OCC and FDIC.
September 27, 2021
On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.
September 26, 2021
Writing for the Daily Journal, Winston Chan and Trisha Parikh discuss how private equity firms might be responsible for PPP fraud liability under the False Claims Act.
September 23, 2021
On September 14, 2021, the SEC announced a settled enforcement action against App Annie, Inc., an alternative data provider, and the Company’s co-founder and former CEO and Chairman, for misrepresentations both to data sources in connection with the collection of data, and to investment firm subscribers regarding the data underlying its product.
September 20, 2021
Gibson, Dunn & Crutcher LLP is pleased to announce that the Asia Pacific Loan Market Association (APLMA) has released an English law term facilities agreement template for Indonesia offshore loans.
September 20, 2021
Recently, the SEC's Division of Corporation Finance has issued a number of comment letters relating exclusively to climate-change disclosure issues. Gibson Dunn's lawyers share their observations.
September 20, 2021
On September 17, 2021, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) imposed sanctions in response to the ongoing humanitarian and human rights crisis in Ethiopia, particularly in the Tigray region of the country.
September 17, 2021
The California Court of Appeal last week issued the first published California appellate decision to expressly confirm that trial courts have the authority to strike an unmanageable Private Attorneys General Act claim.
September 15, 2021
On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.
September 10, 2021
On August 20, 2021, the Standing Committee of China’s National People’s Congress passed the Personal Information Protection Law. The PIPL shares many similarities with the EU’s General Data Protection Regulation, including its extraterritorial reach, restrictions on data transfer, compliance obligations and sanctions for non-compliance, amongst others.
September 10, 2021
On September 9, the Supreme Court of California issued its ruling in Sandoval v. Qualcomm Inc. The decision is the latest in a line of cases reinforcing the strong presumption under California law that a person who hires an independent contractor delegates to the contractor all responsibility for the safety of contract workers.
September 10, 2021
For the sixth successive Congress, Gibson Dunn is pleased to release a table of authorities summarizing the investigative authorities of each House and Senate committee. Understanding the full extent of a committee’s investigative arsenal is crucial to successfully navigating a congressional investigation.
September 10, 2021
Since the collapse of the Afghan government and the Taliban’s takeover of Kabul, tens of thousands of Afghans, along with U.S. citizens and U.S. permanent residents, have desperately tried to flee the country and the Taliban’s oppressive rule. Members of Gibson Dunn's Pro Bono team outline how the firm sprang into action to help individuals at heightened risk of Taliban reprisals evacuate to safety.
September 9, 2021
Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for July/August 2021.
September 8, 2021
This edition of Gibson Dunn’s Federal Circuit Update summarizes new petitions for certiorari in cases originating in the Federal Circuit concerning the Patent Trial and Appeal Board’s NHK-Fintiv Rule. This Update also discusses recent Federal Circuit decisions. Notably, starting with the September 2021 court sitting, the court has now resumed in-person arguments.
September 8, 2021
This week the UK Government published still further updates on the application of the soon to come into force National Security and Investment Act 2021. We have prepared a comprehensive guide to the UK’s new national security regime, bringing together all of the developments and guidance to date. But, most importantly, we consider what investors and their advisors need to take into account now in order to mitigate risk and improve deal certainty.
September 8, 2021
On 2 September 2021, the Court of Justice of the European Union issued its ruling in Republic of Moldova v Komstroy concluding that, as a matter of EU law, Article 26 of the Energy Charter Treaty is not applicable to “intra-EU” disputes (that is, disputes between an investor of an EU Member State on the one hand, and an EU Member State on the other.)
September 7, 2021
This primer provides an overview of the structure of real estate investment trusts (also known as REITs) in Singapore, the main regulations regulating them, the process to getting listed on the SGX-ST as well as the various ways of acquiring control of these vehicles post-listing.
September 2, 2021