Client Alert - Gibson Dunn

Client Alert

Big Changes Afoot for FCPA and Anti-Bribery Enforcement?

The Biden Administration has signaled that the United States is going on the offensive to root out global corruption.  Statements from both the White House and the Department of Justice (DOJ) in recent weeks suggest this Administration is prioritizing anti-corruption enforcement and may usher in substantial changes to the regulatory landscape.

June 14, 2021

European Commission Adopts New Standard Contractual Clauses for International Data Transfers and Data Processing Agreements

On 4 June 2021, the European Commission adopted two implementing decisions containing standard contractual clauses for the processing and transfer of personal data in compliance with the General Data Protection Regulation (GDPR).

June 14, 2021

New York Court of Appeals Clarifies Reach of New York Consumer Protection Statute

On June 3, 2021, the New York Court of Appeals issued an important decision clarifying the reach of New York’s consumer protection statute, which broadly prohibits any deceptive, “consumer-oriented” business conduct.

June 9, 2021

Federal Circuit Update (May 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for May 2021.

June 8, 2021

Gibson Dunn | Europe | Data Protection – June 2021

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

June 8, 2021

Second Circuit Dismisses New York DFS Lawsuit Challenging Special Purpose National Bank Charters

On June 3, 2021, the United States Court of Appeals for the Second Circuit issued an important decision dismissing a lawsuit by the New York State Department of Financial Services, which was challenging the authority of the federal Office of the Comptroller of the Currency to grant special purpose national bank charters.

June 7, 2021

Licensing Regime for Virtual Asset Services Providers in Hong Kong

On 21 May 2021, the Hong Kong government published the Consultation Conclusions on legislative proposals to enhance anti-money laundering and counter-terrorist financing (“AML/CTF”) regulations in Hong Kong, including a proposal to introduce a licensing regime for virtual asset services providers (“VASPs”).

June 7, 2021

Consequences of Wirecard Scandal: New Requirements for Corporate Governance and Audit of German Listed Companies

As a reaction to the spectacular collapse of Wirecard, a then-DAX-listed financial service provider, in June 2020, an Act on Strengthening the Financial Market Integrity (Finanzmarktintegritätsstärkungsgesetz – FISG) has now been adopted following several months of intense discussions.

June 7, 2021

Supreme Court Narrows Scope Of Computer Fraud and Abuse Act, Holding It Does Not Prohibit Accessing Otherwise Available Information For An Improper Purpose

On June 3, 2021, the U.S. Supreme Court held 6-3 that the Computer Fraud and Abuse Act does not cover obtaining information for an improper purpose if the user is otherwise authorized to access that information.

June 3, 2021

Mexico’s Reforms to Hydrocarbon Law and Electricity Industry Law May Violate Investment Treaty Protections

Recent amendments to Mexico’s Hydrocarbon Law (“Hydrocarbon Reform”) and Electricity Industry Law (“Electricity Reform”) may have a significant impact on the operations of foreign investors in the energy sector in Mexico. 

June 1, 2021

DIFC Court of Appeal Rules That Riyadh Convention Is Not a Part of DIFC Law and Clarifies the Implementation of International Agreements

The DIFC Court of Appeal in Lahelalahela V Lameezlameez [2020] DIFC CA 007 found that the Riyadh Convention is not a part of DIFC Law, and in any event provides a non-exclusive service regime.

June 1, 2021

Colorado’s Equal Pay for Equal Work Act Transparency Rules Survive Motion for Preliminary Injunction Challenging Their Constitutionality

Colorado’s Equal Pay for Equal Work Act, as well as the accompanying Rules and guidance, took effect on January 1, 2021. On May 27, 2021, after previously ordering supplemental briefs on the posting requirements’ burdens on interstate commerce, Judge William J. Martinez denied a request for a preliminary injunction to suspend enforcement of the posting provisions at issue. 

June 1, 2021

EEOC Updates Technical Assistance on COVID-19 Vaccinations

On Friday, May 28, 2021, the EEOC updated its technical assistance on vaccinations. Among other items, the Guidance states that employers may mandate vaccines under federal EEO laws, explains how to resolve requests for accommodations from employees who cannot be vaccinated for a protected reason under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, and clarifies that employers may request documentation of vaccination.

June 1, 2021

100% Foreign Ownership Permitted in the UAE

The UAE Commercial Companies Law (the “CCL”) has been amended to permit 100% foreign ownership of companies incorporated in the UAE under the CCL, commonly known as “onshore” companies.

June 1, 2021

Biden Administration Releases Fiscal Year 2022 Budget, Together With a “Greenbook” Providing Detailed Descriptions of Proposed Changes to Federal Tax Law and Accompanying Revenue Estimates

On May 28, 2021, the Administration released its fiscal year (FY) 2022 Budget, outlining a plan for $6 trillion of federal spending and $4.1 trillion in revenue for FY 2022 alone.

May 29, 2021

International Comparative Legal Guide to: Anti-Money Laundering 2021

Gibson, Dunn & Crutcher LLP is pleased to announce with Global Legal Group the release of the International Comparative Legal Guide to: Anti-Money Laundering 2021.

May 28, 2021

Supreme Court Holds That Only Superfund-Specific Settlements Can Trigger Contribution Under CERCLA Section 113(f)(3)(B)

On May 24, 2021, the Supreme Court held 9-0 that only the resolution of CERCLA-specific liability could give rise to a contribution claim under the Superfund statute.

May 25, 2021

UK Tax Quarterly Update – May 2021

Gibson Dunn lawyers review the latest international and UK-based tax developments for spring 2021.

May 24, 2021

As Mass Arbitrations Proliferate, Companies Have Deployed Strategies for Deterring and Defending Against Them

Mass arbitrations can create significant cost and risk for a company.  Being proactive and drafting an arbitration agreement with an eye toward mass arbitration can help reduce that cost and risk.

May 24, 2021

Judgment by the General Court of the European Union Declares State Aid to the Ex Monopolist Post Danmark Illegal

In May 2021, Gibson Dunn attorneys won a landmark case before the General Court of the European Union (case T-561/18, ITD and Danske Fragtmænd v European Commission). Gibson Dunn represented ITD (a Danish trade association of international companies operating parcel and logistics services) and Danske Fragtmænd (a company operating in this sector in Denmark) in a case concerning state subsidies in the Danish post and courier market.

May 21, 2021