With talk about a second Coronavirus wave gathering pace, the German Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz) is proposing to extend the temporary COVID-19-related legislation of March 2020 significantly simplifying the passing of shareholders’ resolution, including, in particular, the possibility to hold virtual-only shareholders’ meetings.
September 24, 2020
One of the thornier areas of law for U.S.-regulated banks and their holding companies is that regarding confidential supervisory information (CSI). Gibson Dunn lawyers discuss two recent meaningful developments in the law regarding CSI.
September 22, 2020
On September 3, 2020, the Antitrust Division of the U.S. Department of Justice released a new Merger Remedies Manual. The Division traditionally reviews mergers involving airlines, health insurance, finance, publishing, media, beer, telecommunications, and other industries.
September 21, 2020
When the COVID 19 pandemic first hit European shores in early spring 2020, the German legislator was quick to introduce wide-reaching legislative reforms to protect the German business world from unwanted consequences of an economy struggling with unprecedented upheaval, the lock-down and the ensuing social strain.[1] One key element of the overall legal reform in March 2020 was the temporary derogation from the regular mandatory German-law requirement to file for insolvency immediately whenever a company is either illiquid (Zahlungsunfähigkeit) or over-indebted (Überschuldung). This derogation has now been extended in time for over-indebted companies, but restricted in scope for illiquid companies.
September 21, 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.
September 15, 2020
Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for September 2020.
September 8, 2020
On August 26, 2020, as part of its continued effort to update and modernize public company disclosure requirements, the U.S. Securities and Exchange Commission adopted amendments to Item 101 (“Description of Business”), Item 103 (“Legal Proceedings”) and Item 105 (“Risk Factors”) of Regulation S-K at an open meeting of the Commission.
August 31, 2020
On December 28, 2019, China’s Standing Committee of the National People’s Congress (NPC) published the draft Export Control Law of the People’s Republic of China, a revised version of an earlier draft. On July 3, 2020, the NPC published a further revised draft Export Control Law of the People’s Republic of China. The resultant set of draft legislation is China’s first step towards a comprehensive and unified export control regime.
August 31, 2020
The California Supreme Court Round-Up previews upcoming cases and summarizes select opinions issued by the Court. This edition includes opinions handed down from December 2019 through August 2020, organized by subject.
August 21, 2020
On August 14, 2020, California Attorney General Xavier Becerra announced that the state’s Office of Administrative Law approved the final California Consumer Privacy Act regulations. In addition, on August 13, 2020, the California Senate Judiciary Committee agreed - with a unanimous 9-0 vote - to extend until January 2022 exemptions from certain CCPA requirements for personal information arising from business-to-business transactions and employment, which are currently set to expire January 1, 2021.
August 20, 2020
The New York Attorney General (“AG” or the “Office”) has a broad range of powers to launch investigations and bring actions on behalf of the State or its consumers in a wide variety of areas. The AG’s prerogatives can have a profound impact on corporations, nonprofits, individuals, and investors. This 18-month round-up is a summary of major cases and initiatives that have occurred under the leadership of New York State’s 67th Attorney General, Letitia James.
August 18, 2020
On August 4, 2020, the Commodity Futures Trading Commission (CFTC) announced that the U.S. District Court for the Southern District of New York entered a consent order resolving the CFTC’s seven-year old charges against the New York Mercantile Exchange (NYMEX) and its two former employees for the two employees’ repeated disclosure of material non-public information in violation of the Commodity Exchange Act (CEA) and CFTC regulations.
August 17, 2020
On August 13, 2020, the California Supreme Court issued its ruling in Facebook v. Superior Court (“Touchstone”). The decision provides a framework for courts evaluating a criminal defendant’s third-party subpoena of records relating to a crime victim or prosecution witness.
August 14, 2020
As part of a mid-year update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the first half of 2020.
August 10, 2020
On July 22, 2020, the New York State Senate and Assembly passed legislation that, if signed into law by Governor Andrew M. Cuomo, will expand First Amendment protections under New York’s anti-SLAPP law by providing new tools for defendants to challenge frivolous lawsuits.
August 5, 2020
Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for August 2020.
August 5, 2020
On August 3, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on important questions about the bounds of legitimate business competition under California tort and antitrust law in Ixchel Pharma, LLC v. Biogen, Inc.
August 4, 2020
Gibson Dunn lawyers provide an overview of shareholder proposals submitted to public companies during the 2020 proxy season, including statistics and notable decisions from the staff of the Securities and Exchange Commission on no-action requests.
August 4, 2020
The ongoing coronavirus has caused governments and populations to rethink how to conduct social interactions and in turn how to conduct business on a global scale. Despite the ongoing global public health crisis, the United States Government’s efforts to use its economic leverage to conduct foreign policy continues unabated. Indeed, throughout the first half of 2020, the United States continued to tighten the screws on Iran and Venezuela and has not shied away from using its economic arsenal in its escalating trade war with China.
August 4, 2020
The COVID-19 pandemic has posed challenges for international students, and the universities and colleges they attend, as they prepare for the Fall 2020 school semester. Post-secondary education institutions responded to these challenges by considering the best interests, as well as the health and safety, of their students in shaping revised programming and remote learning opportunities. This Client Alert provides an overview of an Immigration and Customs Enforcement (“ICE”) policy that instructed international students they could not remain in the country if their schools provided only online classes; litigation brought against that policy, which led to a rescission of the challenged policy; and subsequent developments, including a new policy that would permit international students who were enrolled as of March 9, 2020 to reenter the country and attend an online-only school while prohibiting international students who would be new to the school from doing the same.
August 3, 2020