On June 21, 2021, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced that two officers of Endeavor Group Holdings Inc. have resigned their positions on the board of directors of Live Nation Entertainment Inc. in the wake of concerns expressed by DOJ that the two companies formed an illegal interlocking directorate under the antitrust laws.
June 25, 2021
On June 25, 2021, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each year since the program commenced in 2011.
June 25, 2021
On June 8, 2021, in Oakwood Laboratories LLC v. Thanoo, the Third Circuit “endeavored to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act” (DTSA).
June 24, 2021
On June 23, 2021, the Supreme Court held 6-3 that the structure of the Federal Housing Finance Agency—led by a single Director, removable only “for cause”—violates the Constitution’s separation of powers, but ruled 8-1 that a remand is necessary to determine the proper scope of relief.
June 23, 2021
A ruling by the Versailles Administrative Court of Appeal on 29 January 2021 could result in a historic ruling by the Court of Justice of the European Union (CJEU). Upon referral by the Court, the CJEU will be called upon to rule on the existence of a right to breathe clean air and on the liability incurred by the Member States of the European Union in the case of disregard of their obligations in terms of air quality.
June 23, 2021
On June 11, 2021, New York Governor Andrew M. Cuomo signed into law a Uniform Foreign Country Money Judgments Act, amending New York’s Uniform Foreign Country Money-Judgments Recognition Act of 1970. With this enactment, New York follows a growing number of U.S. states that have modernized their recognition acts over the last decade.
June 22, 2021
On June 21, 2021, the Supreme Court held 5-4 that the absence of Executive Branch review of decisions rendered by Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause, and that the proper remedy is to sever a statutory provision so that the Director of the Patent and Trademark Office may review PTAB decisions.
June 21, 2021
On June 21, 2021, the Supreme Court unanimously held that the NCAA’s current limits on education-related benefits for student-athletes violate the Sherman Act.
June 21, 2021
On June 21, 2021, the Supreme Court held 8-1 that the Second Circuit must clarify its reasoning in its certification of a securities class action against Goldman Sachs, and held 6-3 that the defendant bears the burden of persuasion when attempting to rebut the “fraud on the market” presumption.
June 21, 2021
On June 11, 2021, the Securities and Exchange Commission released Chair Gary Gensler’s Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions. Gibson Dunn lawyers summarize the key and noteworthy aspects of the Agenda.
June 21, 2021
On June 8, 2021, the New York Senate confirmed the appointment of Anthony Cannataro and Madeline Singas to the seven-member New York Court of Appeals. Gibson Dunn lawyers provide an overview of the appointments.
June 21, 2021
On June 17, 2021, the Supreme Court held 9-0 that Philadelphia violated the First Amendment by refusing to contract with a Catholic agency for declining to certify same-sex couples as foster parents.
June 17, 2021
On June 17, 2021, the Supreme Court rejected another challenge to the Affordable Care Act’s individual mandate because the plaintiffs lacked standing to challenge it.
June 17, 2021
On June 17, 2021, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support liability under the Alien Tort Statute.
June 17, 2021
On June 14, 2021, a federal judge in Texas dismissed the lawsuit filed by employees and former employees against Houston Methodist Hospital challenging its policy requiring all employees to be vaccinated against COVID-19. The holding may provide some degree of reassurance to employers that have decided to require employees to be vaccinated against COVID-19.
June 17, 2021
Gibson Dunn's lawyers discuss how the People’s Republic of China is clamping down on the extraction of litigation- and investigation-related corporate and personal data from China - and how this may squeeze litigants and investigation subjects in the future.
June 17, 2021
In order to meet the technical requirements for the upcoming interconnection of the EU Member States’ national registers holding centralized beneficial ownership information, Germany made several changes to the provisions on its transparency register, particularly related to real estate acquisitions. Gibson Dunn lawyers review the changes.
June 16, 2021
On March 31, 2021, President Biden unveiled the American Jobs Plan (“Jobs Plan”), a sweeping $2.25 trillion proposal designed to create jobs through upgrading public infrastructure, revitalizing manufacturing, prioritizing workforce training, and expanding long-term health care services.
June 15, 2021
Gibson Dunn lawyers discuss the loan market's transition away from inter-bank offered rates (IBORs) to risk free rates (RFRs) and how market participants, particularly in Islamic transactions, can prepare for forthcoming changes to avoid uncertainty in their financing agreements or other contracts.
June 14, 2021
On June 11, 2021, the Second Circuit issued its decision in 1-800 Contacts, Inc. v. FTC, an appeal of an administrative litigation brought by the Federal Trade Commission against 1-800 Contacts. The decision—which rejected the FTC’s claim that several trademark settlements by 1-800 Contacts violated the antitrust laws —found that the trademark settlement agreements at issue were “typical” and procompetitive, and provides crucial guidance for parties considering settling trademark disputes.
June 14, 2021