Client Alert - Gibson Dunn

Client Alert

New York State Legalizes Online Sports Wagering

The New York State Legislature, as part of its annual revenue bill, has authorized mobile sports wagering in New York, and the Governor is expected to sign that bill momentarily.

April 13, 2021

Gibson Dunn | Europe | Data Protection – April 2021

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

April 9, 2021

New York Adopts LIBOR Legislation

On April 6, 2021, New York Governor Andrew Cuomo signed into law Senate Bill 297B/Assembly Bill 164B, the long anticipated New York State legislation addressing the cessation of U.S. Dollar LIBOR.

April 8, 2021

New York State Legalizes Recreational Marijuana, Places Limits on Employers’ Ability to Take Drug Use Into Account When Making Employment Decisions

On March 31st, 2021, New York became the 16th state to legalize marijuana for recreational use with the enactment of Senate Bill S854A.  Under the new law, it is legal for individuals 21 and older to possess and purchase up to three ounces of marijuana.

April 7, 2021

SEC Staff Issues Cautionary Guidance Related to Business Combinations with SPACs

On March 31, 2021, the staff of the Division of Corporation Finance of the Securities and Exchange Commission (SEC) issued a statement addressing certain accounting, financial reporting and governance issues related to SPACs and the combined company following a SPAC business combination.

April 7, 2021

Federal Circuit Update (March 2021)

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

April 5, 2021

Supreme Court Holds That Google’s Use Of Oracle’s Java Software Interface Is Fair Use

On April 5, 2021, the Supreme Court held 6-2 that Google’s use of the Java interface in the Android platform falls within the fair use doctrine. 

April 5, 2021

Document Retention in EU Competition Cases

On 25 March 2021, the Court of Justice of the EU (“CJEU”) confirmed the fines imposed in Europe on a number of pharmaceutical companies, including Xellia and Alpharma, for entering into anticompetitive ‘pay for delay’ settlement agreements. 

April 2, 2021

US and UK Join Canada in Designating Myanmar’s Military Conglomerates, with EU Considering Further Action

On March 25, 2021, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) imposed additional sanctions in response to the ongoing crisis in Myanmar (also called Burma) by designating the country’s two largest military conglomerates.

April 2, 2021

Significant Change in European Commission Merger Control Policy: Pharma and Digital Deals to Face Uncertainty and Additional Scrutiny in Europe

On 26 March 2021, the European Commission published guidance on the circumstances under which it is likely to accept requests from national competition authorities within the EU to investigate mergers that do not meet the EU or even national jurisdictional tests.

April 2, 2021

Supreme Court Declines To Extend Telephone Consumer Protection Act’s Coverage Of Automatic Telephone Dialing Systems

On April 1, 2021, the Supreme Court unanimously held that a device counts as an automatic telephone dialing system under the Telephone Consumer Protection Act only if it stores or produces telephone numbers using a random or sequential number generator. 

April 1, 2021

Supreme Court Holds That FCC Permissibly Relaxed Media Ownership Limits

On April 1, 2021, the Supreme Court held 9-0 that the Federal Communications Commission (FCC) permissibly relaxed three decades-old rules limiting ownership of broadcast stations as part of its quadrennial regulatory review under § 202(h) of the Telecommunications Act. 

April 1, 2021

New York State Legislature Poised to Pass New Tax on Real Estate Debt Financing

The New York State Legislature appears set to enact into law a new tax on debt financing for commercial real estate transactions involving “mezzanine debt and preferred equity investments” located solely in New York City, as part of the 2021-2022 budget.

March 31, 2021

Pharmaceutical Transactions in Spotlight as FTC Announces Multilateral Working Group to Develop Fresh Approaches to Merger Reviews

On March 16, 2021, the U.S. Federal Trade Commission announced that it is teaming up with antitrust enforcers in the European Union, United Kingdom, Canada, and the State Attorneys General in the U.S. in an effort “to update their approach to analyzing the effects of pharmaceutical mergers.”

March 23, 2021

Senator Klobuchar Proposes Major Antitrust Bill

On February 4, 2021, Senator Amy Klobuchar (D-MN) introduced S. 225, the Competition and Antitrust Law Enforcement Act, a comprehensive legislative effort to revamp current antitrust laws and strengthen enforcement. On March 11, 2021, as the Chair of the Senate Antitrust Subcommittee, Senator Klobuchar gaveled in the first of likely many hearings on antitrust policy in the 117th Congress.   

March 22, 2021

California’s Privacy Laws Continue to Take Form: New Regulations for CCPA and Appointment of CPPA Members

With the California Privacy Rights and Enforcement Act almost two years out from its effective date of January 1, 2023, the California Consumer Privacy Act remains in effect - but remains a moving target for businesses seeking to comply. On March 15, 2021, the California Office of Administrative Law approved additional regulations relating to the right to opt out of sale of personal information; these changes are effective immediately.

March 19, 2021

Environmental Cases to Watch in the U.S. Supreme Court for 2021

Gibson Dunn lawyers highlight the central issues raised by two key environmental cases pending before the U.S. Supreme Court and provide expert analysis on the potential implications of the Court’s review, along with other cases to watch raising important environmental considerations.

March 18, 2021

Media, Entertainment and Technology Litigation Update – March 2021

Gibson Dunn’s Media, Entertainment and Technology Practice Group highlights some recent notable rulings and developments that may impact future litigation in this area.

March 18, 2021

U.S. EPA Releases Final Rule Tightening Emissions Limits for Power Plants in 12 States

On March 15, 2021, the U.S. Environmental Protection Agency issued a final rule that requires electric generating units (i.e., power plants) in 12 states to reduce ozone season nitrogen oxides emissions. This final rule, issued pursuant to a court-ordered deadline, is the first significant regulatory action finalized by the Biden EPA.

March 16, 2021

SEC Chair Lays Out a Climate- and ESG-Oriented Agenda and Calls for Comments on Mandatory Climate-Related Disclosure Rules

On March 15, 2021, the Acting Chair of the Securities and Exchange Commission (SEC), Allison Herren Lee, gave a speech entitled “A Climate for Change: Meeting Investor Demand for Climate and ESG Information at the SEC," in which she sets forth a near-term regulatory agenda for the SEC that centers on climate and Environmental, Social, and Governance (ESG) topics.

March 16, 2021