Client Alert - Gibson Dunn

Client Alert

European Courts Rule on Range of Competition Issues in Pre-Christmas Case-load Clearance

The General Court of the European Union (“General Court”) delivered three Judgments on 16 December 2020 which confirmed different aspects of the scope of the powers enjoyed by the European Commission (“the Commission”) in its application of competition rules in the European Union (“EU”). In a nutshell, the General Court has confirmed that the Commission: is entitled to apply competition rules to sports activities; has a very wide discretion in determining whether or not there is sufficient “Community interest” for it to pursue an infringement action under Articles 101 and 102 of the Treaty on the Functioning of the European Union (“TFEU”); and has a broad discretion in interpreting commitments given in merger proceedings to ensure they are in line with other EU policies.

December 21, 2020

Congress Buries Expansion of SEC Disgorgement Authority in Annual Defense Budget

On December 11, 2020, Congress passed the National Defense Authorization Act (NDAA), H.R. 6395. Buried on page 1,238 of this military spending bill is an amendment to the Securities Exchange Act of 1934 that gives the Securities and Exchange Commission, for the first time in its history, explicit statutory authority to seek disgorgement in federal district court.

December 18, 2020

Trump Administration Sanctions Turkey’s Military Procurement Agency for 2017 Purchase of Russian Missile System

On December 14, 2020, the United States imposed sanctions on the Republic of Turkey’s Presidency of Defense Industries (SSB), the country’s defense procurement agency, and four senior officials at the agency, for knowingly engaging in a “significant transaction” with Rosoboronexport (ROE), Russia’s main arms export entity, in procuring the S-400 surface-to-air missile system.

December 18, 2020

New Dubai Law on Unfinished and Cancelled Real Estate Projects

On 15 December 2020, the Ruler of Dubai issued Decree No. (33) of 2020 which updates the law governing unfinished and cancelled real estate projects in Dubai. The Decree creates a special tribunal for liquidation of unfinished or cancelled real estate projects in Dubai and settlement of related rights which will replace the existing committee set up in 2013 for a similar purpose.

December 16, 2020

U.S. Congress Passes the Criminal Antitrust Anti-Retaliation Act of 2019

On December 8, 2020, the U.S. House of Representatives passed the Criminal Antitrust Anti-Retaliation Act of 2019, which prohibits employers from retaliating against certain employees who report criminal antitrust violations internally or to the federal government.

December 15, 2020

Gibson Dunn | Europe | Data Protection – December 2020

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for December 2020.

December 14, 2020

Merricks v Mastercard – Supreme Court Confirms Certification Test for UK Class Actions

In one of the most anticipated rulings of recent years, on 11 December 2020 the UK Supreme Court handed down judgment in Merricks v Mastercard, dismissing (by a majority) Mastercard’s appeal against the criteria established by the Court of Appeal for the certification of class actions by the UK’s Competition Appeal Tribunal (CAT).

December 14, 2020

An Employer Playbook for the COVID “Vaccine Wars”

Our lawyers 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.

December 14, 2020

European Court of Justice Annuls Commission Decision Failing to Account for Rights of Third Parties in Anti-Competitive Licensing Obligations

A recent Judgment of the Court of Justice of the European Union in Case Groupe Canal + v. Commission provides some clarity about the sorts of commitments that defendants can give to reach a settlement with the European Commission in order to avoid it adopting a Decision under Article 101(1) TFEU.

December 11, 2020

The EU Adopts Magnitsky-Style Global Human Rights Sanctions Regime

On December 7, 2020, the Foreign Affairs Council of the Council of the European Union, adopted Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses, which together establish the first global and comprehensive human rights sanctions regime to be enacted by the European Union.

December 10, 2020

Supreme Court Holds That ERISA Does Not Preempt Arkansas’ Law Regulating Pharmacy Reimbursement Rates

On December 10, 2020, the Supreme Court held 8-0 that ERISA does not preempt an Arkansas statute regulating the rates at which pharmacy benefit managers reimburse pharmacies for prescription drug costs.

December 10, 2020

SEC Brings First Enforcement Action Against a Public Company for Misleading Disclosures About the Financial Impacts of the Pandemic

On December 4, 2020, the Securities and Exchange Commission announced its first enforcement action against a public company for misleading disclosures about the financial effects of the pandemic on the company’s business operations and financial condition.

December 7, 2020

New York Court of Appeals Round-Up & Preview

The New York Court of Appeals Round-Up & Preview summarizes key opinions in civil cases issued by the Court over the past year and highlights a number of cases of potentially broad significance that the Court will hear during the coming year. 

December 7, 2020

Nasdaq Proposes New Board Diversity Rules

On December 1, 2020, The Nasdaq Stock Market LLC announced that it filed with the U.S. Securities and Exchange Commission (SEC) a proposal to advance board diversity and enhance transparency of board diversity statistics through new listing requirements.

December 4, 2020

Proxy Advisory Firm Updates and Action Items for 2021 Annual Meetings

The two most influential proxy advisory firms - Institutional Shareholder Services and Glass, Lewis & Co. - recently released their updated proxy voting guidelines for 2021. This Client Alert describes the key changes to the ISS and Glass Lewis policies along with some suggestions for actions public companies should take now in light of these policy changes and other developments.

December 3, 2020

UK Market Conduct – Avoiding Governance and Oversight Pitfalls

The Financial Conduct Authority (FCA) continues to show a desire to take action in sectors of the financial services industry where there has been traditionally less supervisory oversight and to push the importance of firm’s internal governance and oversight structures.

December 2, 2020

Proposal to Publish LIBOR Beyond 2021

On November 30, 2020, ICE Benchmark Administration, the administrator of LIBOR, with the support of the Federal Reserve Board and the UK Financial Conduct Authority, announced plans to consult on specific timing for the path forward to cease the publication of USD LIBOR. In particular, IBA plans to consult on ceasing the publication of USD LIBOR on December 31, 2021 for only the one week and two month USD LIBOR tenors, and on June 30, 2023 for all other USD LIBOR tenors (i.e., overnight, one month, three month, six month and 12 month tenors).

December 1, 2020

California Air Resources Board Approves Significant Changes to Stationary Source Emissions Reporting Requirements, Increasing Number of Reportable Chemicals to 1,300

The California Air Resources Board (CARB) recently approved significant changes to the requirements for reporting emissions from stationary sources to help monitor air pollution at local levels.

December 1, 2020

Consumer Protection Under the Biden Administration

President-elect Joe Biden has signaled that robust consumer protections will be a major focus of his policy agenda in what is anticipated to be a dramatic shift from the deregulatory policies of the Trump administration.

November 30, 2020

European Commission Introduces New Complaints System to Fight Trade Barriers and Violations of Sustainable Trade and Human Rights Commitments by Third Countries

The European Commission has launched a centralized complaints system through which EU-registered companies, industry associations, trade unions and NGOs can report market access barriers or breaches by third countries of their "trade and sustainable development" commitments or commitments undertaken under the EU’s Generalised Scheme of Preferences.

November 30, 2020