Client Alert - Gibson Dunn

Client Alert

Procedural Implications for Cross-Border Litigation: A Post-Brexit Briefing Note

The end of the Brexit transition period has resulted in a number of significant changes to the applicable cross-border procedural rules which litigators and those responsible for drafting commercial contracts will need to have in mind. This note provides a high level overview of the key developments.

January 29, 2021

U.S. Cybersecurity and Data Privacy Outlook and Review – 2021

In honor of Data Privacy Day—a worldwide effort to raise awareness and promote best practices in privacy and data protection—we offer this ninth edition of Gibson Dunn’s United States Cybersecurity and Data Privacy Outlook and Review.

January 28, 2021

“Digitalization Act”: Significant Changes to German Antitrust Rules

On January 19, 2021, the 10th Amendment of the German Competition Act (ACR) entered into force, also known as “GWB Digitalization Act.” Gibson Dunn lawyers provide an overview of the most important provisions of the Amendment.

January 28, 2021

First Circuit Narrows Scope of the Wire Act, Reversing Office of Legal Counsel Opinion

In a decision with far-reaching implications for the online gaming industry, on January 20, 2021, the U.S. Court of Appeals for the First Circuit held that the prohibition on the transmission of interstate wagers under the Wire Act, 28 U.S.C. § 1084, applies only to bets and wagers placed on sporting events, and not, as the Office of Legal Counsel within the United States Department of Justice had opined, to all types of bets and wagers.

January 27, 2021

2020 Year-End False Claims Act Update

Looking back on the incredible year that was 2020, some observers of the False Claims Act enforcement space may note that the year’s FCA recoveries were the lowest they have been in twelve years, but the most important takeaway for those who deal in government funds is this: the government opened the most new FCA investigations ever in 2020.

January 27, 2021

California’s AB 2345 Expands and Enhances Density Bonus Law Development Incentives

Effective as of January 1, 2021, California's Assembly Bill 2345 (“AB 2345”) amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components.

January 26, 2021

California Attorney General End of Term Update

Gibson Dunn provides this January 2021 end-of-term update summarizing the most significant recent work of California AG Becerra’s elected term in office, and providing some initial thoughts about how his successor will deploy the Office’s resources in 2021 and beyond as California finds a new partner in the incoming Biden Administration.

January 25, 2021

Virtual Currency/Fintech Update: OCC Approves Anchorage Trust’s Charter Conversion and Expands the General Fiduciary Powers of National Banks

On January 13, 2021, the Office of the Comptroller of the Currency conditionally approved the charter conversion application for Anchorage Trust Company, permitting Anchorage to become a national trust bank. This is the first approval by the OCC of a virtual currency firm’s becoming a federally regulated banking institution and demonstrates the ongoing leadership that the OCC has shown with respect to virtual currency issues. Although this development is significant in and of itself, the Anchorage approval relies on a new OCC Chief Counsel’s Interpretation, released as OCC Interpretive Letter 1176, that substantially increases the trust powers of national banks, making them a more attractive business model generally and particularly for fintech firms.

January 25, 2021

Year-End and Fourth Quarter 2020 Update on Class Actions

Gibson Dunn's year-end 2020 report provides an update on the application of Article III in class and other complex litigation.

January 22, 2021

Biden Administration Issues Rulemaking Freeze and New Orders Governing the Regulatory Process

On January 20, 2021, the inaugural day of the new presidency, the Biden administration issued a series of across-the-board regulatory directives. These directives press pause on federal rulemakings, rescind Trump-era executive orders on the regulatory process, and set a framework for “modernizing” review of regulatory actions.

January 21, 2021

Urgent Clarification Sought by European Supervisory Authorities on the Application of the Sustainable Finance Disclosure Regulation

On 7 January 2021, the Joint Committee of the European Supervisory Authorities (ESAs) wrote to the European Commission, requesting “urgent” clarification on several important areas of uncertainty in the application of Regulation (EU) 2019/2088 on sustainability-related disclosures in the financial services sector prior to the application of the majority of its requirements on 10 March 2021.

January 21, 2021

What the CFTC’s Settlement with Vitol Inc. Portends about Enforcement Trends

On December 3, 2020, the Commodity Futures Trading Commission Division of Enforcement announced a settlement with Vitol Inc., an energy and commodities trading firm in Houston, Texas.

January 20, 2021

UK Employment Update – January 2021

In this update, we look back at the key developments in UK employment law over the course of 2020 and look forward to anticipated developments in 2021.

January 20, 2021

2020 Year-End Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

Gibson Dunn lawyers report key statistics regarding NPAs and DPAs from 2000 through 2020, review key developments in 2020 surrounding such agreements in the U.S. and abroad, and look ahead to 2021.

January 19, 2021

2020 Year-End Securities Enforcement Update

In this update, Gibson Dunn lawyers look back at the significant enforcement actions and developments from the last six months of 2020, and consider what to expect from new leadership at the SEC.

January 19, 2021

D.C. Circuit Issues Rare Opinion Clarifying Right of Public Access to National Security Information in Judicial Documents

On January 8, 2021, the United States Court of Appeals for the D.C. Circuit in CNN v. FBI, issued a rare precedential opinion clarifying application of the factors relevant to determining whether competing interests outweigh the “strong presumption” of public access to judicial records, in particular, in a context in which the government provides a national security justification for continued sealing.

January 15, 2021

2020 Year-End German Law Update

At Gibson Dunn, we are proud and honored to be at your side to help solve your most complex legal questions and to continue our partnership with you in the coming year in Germany, in Europe and the world. We trust you will find this German Law Year-End Update insightful and instructive for the best possible start in 2021.

January 14, 2021

Small Business Administration Publishes Interim Final Rules for First Draw and Second Draw PPP Loans

In early January 2021, the Small Business Administration (SBA) issued two interim final rules incorporating changes to the Paycheck Protection Program (PPP) prescribed by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. Gibson Dunn lawyers discuss the key provisions of the interim final rules.

January 14, 2021

UK Financial Services Regulation – 2020 Year-End Review

In their 2020 year-end review, Gibson Dunn lawyers assess the UK financial regulatory landscape through the prism of three areas of increasing regulatory focus: governance, culture and individual accountability; conduct and enforcement; and operational and financial resilience.

January 14, 2021

Supreme Court Vacates Second Circuit Ruling Expanding Insider Trading Liability

On January 11, 2021, the Supreme Court in a summary disposition vacated the U.S. Court of Appeals for the Second Circuit’s major insider trading decision in United States v. Blaszczak.

January 13, 2021