Client Alert - Gibson Dunn

Client Alert

2021 Mid-Year False Claims Act Update

Gibson Dunn lawyers summarize recent False Claims Act enforcement activity, provide an overview of notable legislative and policy developments at the federal and state levels, and analyze significant court decisions from the first six months of 2021.

July 26, 2021

“Effect of Termination” Provisions in Purchase Agreements: Considerations in an Evolving M&A Market

This client alert is a summary of issues for buyers and sellers to consider when negotiating "effect of termination" provisions in purchase agreements in light of current and evolving M&A market dynamics.

July 26, 2021

2021 Mid-Year Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

Gibson Dunn lawyers report key statistics regarding NPAs and DPAs from 2000 through 2021, review key developments in the first half of 2021 surrounding such agreements in the U.S. and abroad, and look ahead to the remainder of the year.

July 22, 2021

2021 Mid-Year Securities Enforcement Update

Gibson Dunn lawyers look at the significant developments in securities enforcement from the first six months of 2021, and consider what to expect from new leadership at the U.S. Securities & Exchange Commission and the Enforcement Division.

July 20, 2021

Recent Developments in California Anti-SLAPP Case Law, Summer 2021

Gibson Dunn lawyers survey recent case law and legislative developments involving California’s anti-SLAPP statute, California Civil Code § 425.16. 

July 19, 2021

Gibson Dunn | Europe | Data Protection – July 2021

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

July 19, 2021

California Supreme Court Announces New Formula for Calculating Premium Payments for Failures to Provide Meal Periods or Rest Breaks

On July 15, 2021, the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC adopted a new formula for calculating the one extra hour of premium pay that employees are owed if an employer fails to provide a compliant meal period or rest break.

July 16, 2021

SEC Fires Shot Across the Bow of SPACs

On July 13, 2021, the Securities and Exchange Commission announced a partially settled enforcement action against a Special Purpose Acquisition Company, the SPAC sponsor and the CEO of the SPAC, as well as the proposed merger target and the former CEO of the target for misstatements in a registration statement and amendments concerning the target’s technology and business risks.

July 14, 2021

President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

On July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.

July 9, 2021

The Colorado Privacy Act: Enactment of Comprehensive U.S. State Consumer Privacy Laws Continues

On July 7, 2021, Colorado Governor Jared Polis signed into law the Colorado Privacy Act, making Colorado the third state to pass comprehensive consumer privacy legislation, following California and Virginia.

July 9, 2021

Supreme Court Round-Up (July 2021)

Gibson Dunn’s Supreme Court Round-Up provides the questions presented in cases that the Court will hear in the upcoming Term, summaries of the Court’s opinions when released, and other key developments on the Court’s docket. 

July 9, 2021

U.S. Supreme Court Reaffirms Limits to the Government’s Ability to Mandate Public Access to Private Property

On June 23, 2021, the U.S. Supreme Court held 6-3 that a California regulation granting labor organizations a right of access to agricultural employers’ property to solicit support for unionization, constitutes a “per se” physical taking under the Fifth Amendment.

July 8, 2021

European Employment Law Update – Return to Work – July 2021

In this update, Gibson Dunn's lawyers look at the key employment law considerations our clients face across the UK, France and Germany connected to a return to the workplace in the near future, including: (i) ensuring a “Covid-secure” workplace’ and whether to continue to offer flexible working arrangements in the future; (ii) whether to implement an employee Covid-19 vaccination policy (and if so, whether it should be compulsory or voluntary); and (iii) vaccination certification logistics and the facilitation of Covid-19 testing for employees.

July 8, 2021

Federal Circuit Update (June 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for June 2021, including the Supreme Court’s decisions in Arthrex and Minerva Surgical.

July 6, 2021

Supreme Court Holds That California’s Donor Disclosure Law Violates The First Amendment

On July 1, 2021, the Supreme Court held 6-3 that California’s requirement that non-profit organizations disclose their donor lists unconstitutionally burdens those organizations’ expressive association rights, in violation of the First Amendment.

July 1, 2021

Supreme Court Holds That Private Parties Can Sue States To Seize State Property Along Federally Approved Pipeline Routes

On June 29, 2021, the Supreme Court held in a 5-4 decision that the Natural Gas Act authorizes a private party who has obtained federal government approval to exercise eminent domain power along a federally approved pipeline route to sue a State to condemn state land.

June 29, 2021

Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel

Today, the Supreme Court upheld the doctrine of assignor estoppel in patent cases, concluding in a 5-4 decision that a patent assignor cannot, with certain exceptions, subsequently challenge the patent’s validity.

June 29, 2021

Enforcement of Arbitral Awards against a Sovereign State: UK Supreme Court Reinstates the Service Requirements in General Dynamics v Libya

On 25 June 2021, the UK Supreme Court rendered its judgment in General Dynamics United Kingdom Limited v The State of Libya. This much anticipated decision provides important guidance concerning the interaction of State immunity principles with the rules applicable to the service of enforcement proceedings on States.

June 29, 2021

Zum Anpassungsbedarf bei Gewinnabführungsverträgen

Zum BMF-Schreiben vom 24.03.2021: Das Bundesministerium der Finanzen (BMF) hat vor kurzem zur körperschaftsteuerlichen Anerkennung von Gewinnabführungsverträgen Stellung genommen. Dies gibt Anlass, insbesondere sog. Altverträge, die vor dem 27.02.2013 abgeschlossen oder letztmals geändert worden sind, zu prüfen und ggf. anzupassen.

June 28, 2021

Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages

Today, the Supreme Court ruled 5-4 that every member of a class certified under Rule 23 must establish Article III standing in order to be awarded individual damages.

June 25, 2021