As part of a mid-year update, Gibson Dunn lawyers highlight what you need to know in securities litigation developments and trends for the first half of 2021.
August 30, 2021
The UK’s Competition Appeal Tribunal has certified the first application for a collective proceedings order on an opt-out basis in Walter Hugh Merricks CBE v Mastercard Incorporated & Ors.
August 24, 2021
On August 19, 2021, the New York Stock Exchange (NYSE) proposed an amendment to Section 314.00 of the NYSE Listed Company Manual, the NYSE’s related party transaction approval rule. Gibson Dunn lawyers provide an overview of the proposal.
August 24, 2021
On August 16, 2021, the U.S. Securities and Exchange Commission announced a settled enforcement action against Pearson plc, a U.K. educational publisher, for inadequate disclosure of a cyber intrusion. The settlement, in which Pearson agreed to pay a $1 million penalty, is the latest indication of the SEC’s continuing focus on cyber disclosures as an enforcement priority and an important signal to public companies that, particularly in the face of an environment of increasing cyberattacks, accurate public disclosure about cyber events and data privacy is critical.
August 23, 2021
Gibson Dunn lawyers examine key class action developments during the second quarter of 2021, particularly court decisions surrounding Article III standing.
August 23, 2021
Gibson Dunn lawyers provide an overview of the ways in which climate policy is a significant consideration at the U.S. Securities and Exchange Commission (SEC).
August 23, 2021
On August 18, 2021, the EPA released a final rule revoking tolerances for chlorpyrifos residues on food. EPA took this action to “stop the use of the pesticide chlorpyrifos on all food to better protect human health, particularly that of children and farmworkers.” The agency will also issue a Notice of Intent to Cancel under the Federal Insecticide, Fungicide, and Rodenticide Act to cancel registered food uses of the chemical associated with the revoked tolerances.
August 19, 2021
Gibson Dunn lawyers provide an overview of shareholder proposals submitted to public companies during the 2021 proxy season, including statistics and notable decisions from the staff of the Securities and Exchange Commission on no-action requests.
August 19, 2021
On Thursday, August 12, 2021, the Supreme Court granted Gibson Dunn’s request for an extraordinary writ of injunction pending appeal and held that New York State’s eviction moratorium law (“CEEFPA”)—which bars landlords from commencing or continuing eviction proceedings against any tenants who self-certify that they are suffering a COVID-related “hardship,” with no opportunity for property owners to challenge those hardship claims—is inconsistent with fundamental due process principles.
August 13, 2021
On August 6, 2021, a divided Securities and Exchange Commission (SEC) voted to approve new listing rules submitted by The Nasdaq Stock Market LLC to advance board diversity through a “comply or disclose” framework and enhance transparency of board diversity statistics.
August 12, 2021
Gibson Dunn lawyers provide an overview of regulatory and policy developments related to Artificial Intelligence and Automated Systems (“AI”) during the second quarter of 2021.
August 11, 2021
On August 5, 2021, U.S. Senate Finance Committee Chairman Ron Wyden (D-Oregon) and U.S. Senate Finance Committee member Sheldon Whitehouse (D-Rhode Island) introduced legislation entitled the “Ending the Carried Interest Loophole Act.” According to a summary released by the Finance Committee, the legislation is intended to close “the entire carried interest loophole.” While this legislation is very similar to a previous proposal introduced by Chairman Wyden, this legislation appears to have a greater likelihood of passage given the Democratic party’s control of both chambers of Congress and the election of President Biden.
August 10, 2021
On July 28, 2021, the proxy advisory firm Institutional Shareholder Services opened its Annual Benchmark Policy Survey, covering a broad range of topics relating to non-financial environmental, social and governance performance metrics, racial equity, special purpose acquisition corporations and more.
August 5, 2021
Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has launched a Global Financial Regulatory Practice, which provides comprehensive advice to financial institutions on all aspects of regulatory compliance, enforcement and transactions.
August 5, 2021
Gibson Dunn lawyers examine supplemental guidance provided by courts regarding the four steps of analysis of the application of force majeure clauses, as discussed in decisions between March 2020 and August 2021 during the COVID-19 pandemic.
August 4, 2021
The Colorado Department of Labor and Employment has released new guidance on the Equal Pay for Equal Work Act, taking a much harder line on Colorado employers whose remote job postings exclude Colorado applicants.
August 3, 2021
This edition of Gibson Dunn’s Federal Circuit Update discusses recent Federal Circuit decisions concerning pleading requirements, obviousness, and more Western District of Texas venue issues. Also this month, the U.S. Senate voted to confirm Tiffany P. Cunningham to be United States Circuit Judge for the Federal Circuit and Federal Circuit Judge Kathleen O’Malley announced her retirement.
August 2, 2021
On July 28, 2021, certain Democratic members of Congress, primarily in response to the $4.325 billion contribution made by the Sackler family to fund the settlement underpinning Purdue Pharma’s chapter 11 plan, introduced the Nondebtor Release Prohibition Act of 2021.
August 2, 2021
Last week the Department of Labor published a notice of proposed rulemaking to increase the minimum wage for federal contractors to $15.00 per hour, starting on January 30, 2022.
July 29, 2021
On July 23, 2021, the California Office of Environmental Health Hazard Assessment released an Initial Statement of Reasons and proposed text for new regulations concerning safe harbor warnings under California’s Safe Drinking Water and Toxics Enforcement Act of 1986 (Proposition 65) for consumer products containing the herbicide glyphosate.
July 29, 2021