Client Alert - Gibson Dunn

Client Alert

New York Privacy Act Update: Bill Out of Committee, Moves to Full Senate

On May 18, 2021, the New York Privacy Act (“NYPA”) passed out of the New York Senate Consumer Protection Committee. While the New York Privacy Act shares similarities with its counterparts in California and Virginia, such as prohibiting discrimination against consumers that exercise their rights under the laws, the NYPA is substantially broader.

May 21, 2021

Digital Currency Developments: Acting Comptroller Orders Review of Recent Decisions and FDIC Issues Information Request

During the week of May 17, 2021, there were important virtual currency developments at two of the principal federal banking agencies, the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC).

May 21, 2021

President Biden Issues Executive Order to Enhance U.S. Cybersecurity in the Wake of Major Cyber Incidents

Following two major cybersecurity events, President Biden issued a sweeping Executive Order on May 12, 2021, reinforcing his commitment that fighting cyberattacks is “a top priority and essential to national and economic security.”  The executive action is the latest of the Administration’s efforts on “prevention, detection, assessment, and remediation of cyber incidents,” coming on the heels of the Colonial Pipeline ransomware attack, and just a few months after the SolarWinds breach.

May 18, 2021

Supreme Court Holds That Anti-Injunction Act Does Not Bar Pre-Enforcement Challenges To Reporting Mandates Backed By Both Tax Penalties And Criminal Punishment

On May 17, 2021, the Supreme Court unanimously held that the Anti-Injunction Act does not bar pre-enforcement judicial review of reporting mandates enforced by tax penalties, at least when a mandate is also enforced by criminal punishment.

May 17, 2021

Supreme Court Confirms That Appellate Courts Have Broad Authority To Review Entirety Of Appealable Remand Orders

On May 17, 2021, the Supreme Court held 7-1 that appellate courts have jurisdiction to review all grounds for removal in a remand order so long as removal is premised in part on the federal-officer removal statute or the civil-rights removal statute.

May 17, 2021

Germany Further Strengthens Foreign Direct Investment (FDI) Regime

The 17th amendment of the Foreign Trade and Payments Ordinance (“AWV amendment”) came into effect in the first week of May 2021. It marks the third fundamental revision of the German FDI regime since April 2020.

May 13, 2021

Gibson Dunn | Europe | Data Protection – May 2021

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

May 12, 2021

Court Holds That Federal Securities Law Claims Are Subject to Delaware Exclusive Forum Bylaw

On April 27, 2021, a federal court in the Northern District of California dismissed federal and state law claims brought derivatively on behalf of The Gap, Inc., holding that the California proceedings were foreclosed by a forum selection bylaw designating the Delaware Court of Chancery as the exclusive forum for derivative suits. 

May 3, 2021

Congress on Track to Reject Trump EPA Revisions to Oil and Gas Methane Standards

On April 28, 2021, the U.S. Senate approved a resolution to repeal EPA’s 2020 policy amendments to regulations of upstream and midstream oil and gas operations. 

May 3, 2021

Federal Circuit Update (April 2021)

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

May 3, 2021

Second Circuit Seeks to Reconcile Circuit Split Concerning Standing to Bring Data Privacy Lawsuits

On April 26, 2021, in McMorris v. Carlos Lopez & Associates, LLC, three judges of the Second Circuit entered the muddy waters at the intersection of data privacy and constitutional law in addressing when a plaintiff in a data breach case has suffered a sufficient injury to establish standing to bring a lawsuit in federal court under Article III of the United States Constitution based on an increased risk of future identity theft.

April 30, 2021

First Quarter 2021 Update on Class Actions

Gibson Dunn lawyers provides an overview and summary of key class action developments during the first quarter of 2021.

April 28, 2021

EPA and NHTSA Seek Public Comment on Reconsideration of Prior Actions Concerning California’s Authority to Enforce Greenhouse Gas Standards and Mandate Zero Emission Vehicles

On his first day in office, President Biden signed an Executive Order that directed his administration to focus on addressing climate change, and issued a mandate that certain agencies immediately review a number of agency actions from the previous administration regarding greenhouse gas (GHG) emissions.

April 27, 2021

Artificial Intelligence and Automated Systems Legal Update (1Q21)

Our 1Q21 Artificial Intelligence and Automated Systems Legal Update focuses on critical regulatory efforts related to AI and automated systems, and also examines other key developments within the U.S. and Europe that may be of interest to domestic and international companies alike. 

April 23, 2021

Supreme Court Restricts Power Of The Federal Trade Commission To Seek Monetary Relief In Courts

On April 22, 2021, the Supreme Court held 9-0 that Section 13(b) of the Federal Trade Commission Act, which authorizes federal courts to issue “permanent injunction[s]” in FTC enforcement actions, does not include the power to award equitable monetary relief such as restitution.

April 22, 2021

New York Department of Financial Services Finalizes Confidential Supervisory Information Regulation

On April 7, 2021, the new regulation of the New York Department of Financial Services (NYDFS) governing confidential supervisory information (CSI) became effective in final form.  NYDFS has thus joined the Board of Governors of the Federal Reserve System (Federal Reserve) in making recent amendments to its approach to CSI.

April 21, 2021

Aerospace and Related Technologies Update – Spring 2021

This April 2021 edition of Gibson Dunn’s Aerospace and Related Technologies Update discusses newsworthy developments, trends, and key decisions from 2020 and early 2021 that are of interest to companies in the aerospace, space, defense, satellite, and drone sectors as well as the financial, technological, and other institutions that support them.

April 20, 2021

Media, Entertainment and Technology Litigation Update – Non-Fungible Tokens (NFTs) – April 2021

This month Gibson Dunn’s Media, Entertainment and Technology Practice Group highlights the increasingly popular digital asset known as non-fungible tokens or “NFTs” and related issues in the entertainment space and beyond.

April 19, 2021

Biden Administration Imposes Additional Sanctions on Russia

On April 15, 2021, the United States announced a significant expansion of sanctions on Russia, including new restrictions on the ability of U.S. financial institutions to deal in Russian sovereign debt and the designation of more than 40 individuals and entities for supporting the Kremlin’s malign activities abroad.

April 19, 2021

Understanding the SEC’s Focus on Environmental, Social, and Governance Investing and Investment Advisers

On Friday, April 9, 2021, the SEC Division of Examinations issued a Risk Alert detailing its observations of deficiencies and internal control weaknesses from examinations of investment advisers and funds regarding investing that incorporates environmental, social, and governance factors.

April 14, 2021