Client Alert - Gibson Dunn

Client Alert

New Controls on Emerging Technologies Released, While U.S. Commerce Department Comes Under Fire for Delay

On Monday, October 5, 2020 the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published long-awaited controls on six categories of “emerging technologies.”

October 27, 2020

The Jurisprudence of Supreme Court Nominee Amy Coney Barrett

To assess Judge Amy Coney Barrett’s likely impact on the Supreme Court, Gibson Dunn's Appellate and Constitutional Law Practice Group has analyzed a sample of her written opinions in her three years as a Judge on the United States Court of Appeals for the Seventh Circuit.

October 22, 2020

The Singapore Convention on Mediation: New Kid on the Dispute Resolution Block Now in Force

The United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) came into force on 12 September 2020. Gibson Dunn lawyers discuss the key features of this significant step for international commercial dispute resolution.

October 16, 2020

Common Shareholding and Competition in Europe

On 29 September 2020, the European Commission issued its first report on concomitant minority shareholdings by institutional investors in companies active in the same market. The findings of the 320 page Report were drawn upon lessons learned from five sectors which are considered by the Commission to be relatively concentrated, namely: Oil & Gas, Electricity, Mobile Telecoms, Trading Platforms, and Beverages. The Report was triggered by the identification of an increasing number of Common Shareholdings in recent years. For instance, in 2014, 60% of U.S. public firms had a shareholder that held at least 5% both in the firm itself and in a competitor. In Europe, Common Shareholdings with at least 5% participation concerned 67% of listed companies in 2016.

October 15, 2020

California Air Resources Board Urges Self-Disclosure of Non-Compliant Software and Regulatory Violations by December 31, 2020

On October 14, 2020, the California Air Resources Board (CARB) issued a letter to light-, medium-, and heavy-duty vehicle and engine manufacturers encouraging industry to report any hardware or software changes made to their vehicles or engines if such changes (i) affect emissions and (ii) were not previously or properly disclosed to CARB.

October 14, 2020

California Enacts New Consumer Financial Protection Law, Increasing Authority of Its Financial Regulator

On September 25, 2020, California Governor Gavin Newsom signed into law the California Consumer Financial Protection Law (CCFPL), which was passed by the state legislature on August 31, 2020.

October 13, 2020

M&A Report – 2020 Mid-Year Activism Update

Gibson Dunn lawyers provide an update on shareholder activism activity involving NYSE- and Nasdaq-listed companies with equity market capitalizations in excess of $1 billion and below $100 billion (as of the last date of trading on June 30, 2020) during the first half of 2020.

October 9, 2020

California Extends Residential Housing Development Entitlements Due to COVID-19

California’s housing shortage continues as the state grapples with the COVID-19 pandemic.  In an effort to mitigate delays in housing production throughout the state, California Governor Gavin Newsom recently signed into law Assembly Bill 1561 (“AB 1561”), which extends the validity of certain categories of residential development entitlements.

October 8, 2020

Media, Entertainment and Technology Group – Fall 2020 Update

While the COVID-19 pandemic has disrupted the practice of law in 2020, courts have continued to churn out important rulings impacting the media and entertainment industries. Gibson Dunn lawyers highlight some of those key cases and trends.

October 8, 2020

Hong Kong Case Update: The Court of Appeal Confirmed That Pre-Trial Discovery Against a Non-Party Witness for Use in a Foreign Court Is Not Permissible

The Hong Kong Court of Appeal recently reaffirmed, in the context of an application for an examination order of individuals residing in Hong Kong to obtain information which may enable partial satisfaction of a judgment debt under a judgment in proceedings in a foreign court to which neither the Respondents nor the companies of which they are officers were parties, that pre-trial discovery against non-party witness is not permitted, save within the limited scope of Norwich Pharmacal discovery.

October 7, 2020

Supreme Court Round-Up (October 2020)

Gibson Dunn’s Supreme Court Round-Up provides the questions presented in cases that the Court will hear in the upcoming Term, summaries of the Court’s opinions when released, and other key developments on the Court’s docket. 

October 5, 2020

Stock-for-Stock Mergers During the Coronavirus (COVID-19) Crisis – A Potential Strategic Solution

The widespread economic uncertainty caused by COVID-19 poses distinct challenges for buyers and sellers seeking to identify M&A opportunities, as companies evaluate the impact of the pandemic on their businesses to date, and seek to predict its future impact.

October 5, 2020

SEC Adopts Amendments To Modernize The SEC’s Shareholder Proposal Rules

On September 23, 2020, the Securities and Exchange Commission voted to adopt amendments to key aspects of the Commission’s shareholder proposal rule.

October 1, 2020

Executive Order on Combating Race and Sex Stereotyping

On September 22, 2020, President Trump issued an Executive Order “On Combating Race and Sex Stereotyping," which prohibits government contractors from including certain so-called “divisive concepts” in employee workplace training.

October 1, 2020

SEC Amends Whistleblower Rules

On September 23, 2020, the Securities and Exchange Commission approved—on a 3-2 vote—amendments to its whistleblower program.

September 30, 2020

New York State’s New Paid Sick Leave Law Takes Effect on September 30, 2020

Earlier in 2020, New York State enacted a comprehensive new law, N.Y. Labor Law § 196-B, requiring employers to provide sick leave to all employees. The law takes effect on September 30, 2020, and employees will begin accruing leave as of that date, but employees may not use any paid sick leave until January 1, 2021.

September 30, 2020

Cryptocurrency Developments: Comptroller of the Currency Affirms That National Banks May Hold Stablecoin Reserves

On September 21, 2020, the Office of the Comptroller of the Currency issued an interpretive letter that concluded that national banks may hold deposits that serve as reserves for certain stablecoin issuers.

September 29, 2020

Hong Kong Case Update: Ng Hon Lam Edgar v Secretary For Justice

On 18 September 2020, the Court of First Instance (CFI) of the High Court of Hong Kong ruled in Ng Hon Lam Edgar v Secretary for Justice that the exclusion of spouses in same-sex marriages from the legal entitlements and benefits that are accorded to spouses in opposite-sex marriages under certain ordinances constitutes unlawful discrimination on the ground of sexual orientation.

September 29, 2020

Hong Kong Case Update: Sham Tsz Kit v Secretary For Justice

Two judgments were handed down by the Court of First Instance (CFI) of the High Court of Hong Kong on 18 September 2020 concerning two separate judicial review applications seeking to advance the equality of rights of members of the LGBT community. It appears that whilst the Hong Kong court is prepared to consider whether certain specific statute or policy of the government may constitute unlawful discrimination on the basis of sexual orientation, it is not prepared to grant a wholesale recognition to same-sex marriage under the laws of Hong Kong at this stage.

September 29, 2020

UK Government Announces Its ‘Winter Economy Plan’

On September 24, 2020, the UK Government announced its “Winter Economy Plan” – a series of employment and business support and tax measures intended to support the UK economy as the COVID-19 pandemic continues to impact economic output.

September 24, 2020