Client Alert - Gibson Dunn

Client Alert

Gibson Dunn | Europe | Data Protection – February 2021

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

February 12, 2021

2020 Year-End ERISA Disputes Update

With the emergence of COVID-19, 2020 was a year of significant and unprecedented change in daily life and the economy. In particular, 2020 was a busy year for Employee Retirement Income Security Act (“ERISA”) lawsuits—across industries—implicating employers’ retirement and healthcare plans.

February 11, 2021

President Biden Issues Executive Orders on Climate Change Policy

On January 27, 2021, Climate Day, President Biden issued two Executive Orders and a Memorandum addressing the “climate crisis” and scientific integrity, which include a moratorium on new oil and gas lease permits on federal lands and waters.

February 9, 2021

UK Supreme Court Confirms the Limits of the SFO’s Section 2(3) Power

On February 5, 2021, in a unanimous decision, the UK Supreme Court ruled that the SFO’s so-called “Section 2” power, found in section 2(3) of the Criminal Justice Act 1987 (“CJA”), cannot be used to compel a foreign company that has no UK registered office or fixed place of business and which has never carried on business in the UK, to produce documents it holds outside the UK. In so ruling, the Supreme Court overruled a 2018 Divisional Court decision that held that the SFO could use its power in this way, provided that there was a “sufficient connection” between the foreign company and the UK.

February 8, 2021

Mandatory Corporate Human Rights Due Diligence: What Now and What Next? An International Perspective

The concept of mandatory corporate human rights due diligence is gaining momentum, both within Europe and on the international stage. In this two-part alert, we examine key global legislative developments and proposals on this important topic. In Part One, we look at very recent steps taken by the institutions of the EU towards implementation of legislation at a pan-European level.

February 8, 2021

FTC and DOJ Suspend Early Termination of Merger Reviews; FTC Publishes Revised Hart-Scott-Rodino Notification Thresholds for 2021

On February 4, 2021, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly announced that both agencies would review the processes and procedures regarding early termination of merger notification waiting periods under the Hart-Scott-Rodino Act.

February 5, 2021

2020 Year-End Sanctions and Export Controls Update

Gibson Dunn provides a recap of the continuing evolution of international economic sanctions in 2020 and preparation for what may come next.

February 5, 2021

Considerations for Preparing Your 2020 Form 10-K

Gibson Dunn lawyers offer their observations on new developments and recommended practices for calendar-year filers to consider in preparing their 2020 Form 10-K, including COVID-19-related disclosure issues.

February 3, 2021

New York State Department of Financial Services Round-Up – February 2021

The New York State Department of Financial Services (“DFS”) is the state’s primary regulator of financial institutions and activity, with jurisdiction over approximately 1,500 financial institutions and 1,800 insurance companies. Gibson Dunn lawyers summarize recent key developments regarding the agency.

February 2, 2021

Media, Entertainment and Technology Group 2020 Year-End Review

Gibson Dunn’s Media, Entertainment and Technology Practice Group highlights some of the notable rulings, developments, and trends that will inform industry litigation long after the COVID-19 pandemic has faded from view.

February 2, 2021

Department of Health and Human Services Delays Effective Date of Final Rule Limiting Retrospective Manufacturer Rebates on Medicare Part D Prescription Drug Prices

On January 29, 2021, Pharmaceutical Care Management Association, a national trade association representing pharmacy benefit managers, secured a one-year stay in a challenge to a new regulation issued by the Department of Human Health and Services Office of Inspector General that sought to prohibit PBMs and plan sponsors from accepting retrospective manufacturer rebates under Medicare Part D plans.

February 2, 2021

Federal Court Issues First Decision Dismissing Pandemic-Related Securities Class Action Lawsuit

A California federal court issued the first decision in the country in a securities class action arising out of the COVID-19 pandemic, dismissing the case on the ground that the issuer could not have anticipated the extent of the pandemic in early January 2020.

February 1, 2021

Prepare For NY Data Privacy Law To Catch Up To Calif.

Gov. Andrew Cuomo's recently released 2022 budget includes a proposal for a comprehensive data privacy bill. With Democratic supermajorities in both houses of the state Legislature for the first time in history, it is likely that New York may soon have a comprehensive data privacy law that rivals the California Consumer Protection Act and the newly enacted California Privacy Rights and Enforcement Act.

February 1, 2021

The GameStop Short Squeeze – Potential Regulatory and Litigation Fall Out and Considerations

Over this past week, the stock market has experienced a turbulent and acutely volatile series of events related to the trading of a small group of public companies’ shares. Perhaps most (in)famously, the stock price of GameStop surged from a low of less than $20 in early January to a high of nearly $500 on January 28th —an increase of well over 1,000%.

February 1, 2021

Federal Circuit Update (January 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three pending Supreme Court cases originating in the Federal Circuit and key filings for certiorari review. We address the Federal Circuit’s updates to its Oral Argument Guide and its new procedures for handling highly sensitive information.  And we discuss other recent Federal Circuit decisions concerning the validity of assignment agreements, motions to transfer from the Western District of Texas, waiver, forfeiture, and venue for ANDA cases.

February 1, 2021

International Cybersecurity and Data Privacy Outlook and Review – 2021

For the third consecutive year, following the publication of Gibson Dunn’s ninth annual U.S. Cybersecurity and Data Privacy Outlook and Review on Data Privacy Day, we offer this separate International Outlook and Review.

February 1, 2021

An Employer Playbook For The Covid “Vaccine Wars”: Strategies And Considerations For Workplace Vaccination Policies (Updated) [1]

This Client Alert offers a “Playbook” for employers to navigate the choppy waters of the coming COVID-19 vaccines. We set out key considerations, both for employers who want or ultimately may be required to pursue a mandatory vaccination program and for employers who wish to encourage voluntary compliance.

February 1, 2021

Congressional Investigations in the 117th Congress: Choppy Waters Ahead for the Private Sector?

To assist possible targets and interested parties in assessing their readiness for responding to a potential congressional investigation, Gibson Dunn presents our view of the new landscape that the 117th Congress will present. We also present a brief overview of how congressional investigations are often conducted, Congress’ underlying legal authorities to investigate, and various defenses that can be raised in response. In addition, we discuss missteps that subjects of investigations sometimes make when receiving an inquiry, and best practices for how to respond.

January 29, 2021

Fourth Quarter and 2020 Annual Review of Artificial Intelligence and Automated Systems

Gibson Dunn lawyers examine a number of the most significant developments affecting companies as they navigate the evolving AI and autonomous systems landscape.

January 29, 2021

Ninth Circuit Upholds Broad Protection for Corporate Officers Making Forward-Looking Statements

On January 26, 2021, the U.S. Court of Appeals for the Ninth Circuit reaffirmed the broad protections afforded to corporations and their officers when speaking about a company’s future plans and projections.

January 29, 2021