On January 9, 2021, the Ministry of Commerce of the People’s Republic of China issued the MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extraterritorial Application of Foreign Legislation and Other Measures. It establishes the first sanctions blocking regime in China to counteract the impact of foreign sanctions on Chinese persons.
January 13, 2021
The Trump administration recently finalized a rule that clarifies that the incidental killing of migratory birds is not punishable under the Migratory Bird Treaty Act (MBTA).
January 13, 2021
Gibson Dunn lawyers provide an overview of the FCPA as well as domestic and international anti-corruption enforcement, litigation, and policy developments from 2020.
January 12, 2021
This past year saw the enactment of a variety of new employment laws in California, including new disclosure requirements for employers and changes to the independent contractor landscape. In addition, the COVID-19 pandemic has touched nearly every sector of society, in nearly every corner of the world, and employment law in California is certainly no exception. The pandemic has ushered in a new legal landscape marked by heightened requirements for employers stretching from 2020 into 2023.
January 12, 2021
Gibson Dunn lawyers provide an easy-to-use comparative guide to restructuring procedures in the UK, US, DIFC, ADGM and UAE.
January 12, 2021
Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for January 2021.
January 11, 2021
We are pleased to present Gibson Dunn’s eighth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 130 precedential patent opinions issued by the Federal Circuit between August 1, 2019 and July 31, 2020.
January 11, 2021
Direct listings have emerged as one of the new innovative pathways to the U.S. public capital markets, thought to be ideal for entrepreneurial companies with a well-recognized brand name or easily understood business model.
January 8, 2021
Gibson Dunn lawyers provide a guide to direct listings, which have increasingly been gaining attention as a means for a private company to go public. A direct listing refers to the listing of a privately held company’s stock for trading on a national stock exchange (either the NYSE or Nasdaq) without conducting an underwritten offering, spin-off or transfer quotation from another regulated stock exchange.
January 8, 2021
Gibson Dunn lawyers report on recent intellectual property law developments relating to the COVID-19 pandemic as of January 2021, and provides updates on various developments covered in previous alerts.
January 8, 2021
On 18 December 2020, the European Commission launched a comprehensive public consultation on the revision of the European Union antitrust rules specifically applicable to distribution agreements, namely, the 2010 Vertical Block Exemption Regulation and the 2010 Vertical Guidelines, both of which will expire on 31 May 2022.
January 5, 2021
In a surprise u-turn, on 31 December 2020, the UK government took steps to narrow the scope of mandatory reporting under DAC 6.
January 4, 2021
On December 18, 2020, three federal banking regulators jointly issued a notice of proposed rulemaking that would impose rapid notification requirements on banking organizations and bank service providers following “significant” computer-security incidents.
January 4, 2021
After a complicated path to passage, on January 1, 2021 the Senate completed the override of President Trump’s veto of the National Defense Authorization Act and, as part of that legislation, passed the Anti-Money Laundering Act of 2020. The AMLA is the most comprehensive set of reforms to the anti-money laundering laws in the United States since the USA PATRIOT Act was passed in 2001. The Act’s provisions range from requiring many smaller companies to disclose beneficial ownership information to FinCEN to mandating awards to whistleblowers that report actionable information about Bank Secrecy Act/AML violations.
January 1, 2021
On December 4, 2020, Judge Rakoff of the Southern District of New York denied a motion to dismiss breach of fiduciary duty claims against former directors of Jones Group (the predecessor to Nine West). The lawsuit arises from the board of directors’ approval of a buyout transaction that distributed $1.2 billion to Jones Group shareholders, while allegedly rendering the company insolvent. The Court allowed the claims to proceed, finding that the directors, by their own admission, failed to conduct a reasonable investigation into whether the transaction as a whole was beneficial to the company or would render the company insolvent.
December 30, 2020
On December 27, 2020, President Trump signed the bipartisan COVID-19 relief and government funding bill, which incorporated the Copyright Alternative in Small-Claims Enforcement Act of 2020. Known as the CASE Act, it contains various revisions to the Copyright Act, 17 U.S.C. §§ 101 et seq., with the goal of creating a new avenue for copyright owners to enforce their rights without having to file a lawsuit in federal court.
December 28, 2020
On December 21, 2020, Congress passed a massive $2.3 trillion, 5,593-page, bicameral and bipartisan year-end legislation package to fund the government and provide long-delayed coronavirus relief.
December 23, 2020
Gibson Dunn lawyers review the latest international and UK-based tax developments for fall 2020.
December 22, 2020
On December 22, 2020, Congress passed the content of a pending bill, H.R. 6196, the “Trademark Modernization Act of 2020,” as part of its year-end virus relief and spending package. Among other things, the Act seeks to create more efficient processes to challenge registrations that are not being used in commerce, including by establishing new ex parte proceedings. The Act also seeks to unify the standard for irreparable harm with respect to injunctions in trademark cases, in light of inconsistencies that have emerged across federal courts after the Supreme Court’s decision in eBay v. MercExchange, LLC, 547 U.S. 388 (2006).
December 22, 2020
The substantive provisions of Hong Kong’s Competition Ordinance came into force in December 2015. This note looks at the main achievements in the first five years and some of the challenges laying ahead.
December 22, 2020