Client Alert - Gibson Dunn

Client Alert

U.S. Department of Justice and Federal Trade Commission Finalize Vertical Merger Guidelines

On June 30, 2020, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released new Vertical Merger Guidelines, which replace the Non-Horizontal Merger Guidelines published in 1984

July 1, 2020

UK Publishes Consultation on MER Strategy for the Oil and Gas Industry – Transitioning or Maximising – The Road to Net Zero

This briefing examines the United Kingdom’s latest oil and gas industry sector consultation relating to the regulator’s (the Oil and Gas Authority (the OGA)) strategy to maximise economic recovery from the basin, and integrating this strategy with the United Kingdom’s carbon emissions reduction ambitions.

July 1, 2020

California Supreme Court Answers Critical Questions on Jurisdictional Scope of Certain Labor Laws and Minimum Wage Compliance for Employers Utilizing Non-Hourly Wage Units

On June 29, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on pressing questions of California employment law in Oman v. Delta Airlines.

July 1, 2020

COVID-19 UK Bulletin – July 1, 2020

Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of July 1, 2020.

July 1, 2020

En Banc D.C. Circuit Overturns Long-Standing FERC Practice of Issuing Tolling Orders for Rehearing Requests

A June 30, 2020, en banc decision by D.C. Circuit likely ends the Federal Energy Regulatory Commission’s (FERC’s) practice of issuing tolling orders for the purpose of allowing additional time for consideration.

June 30, 2020

European Commission Publishes Third Amendment to the Temporary Framework: Start-Ups (and Private Equity) to Get a Piece of the State Aid Pie

On June 29, 2020, the European Commission published a Third Amendment to the Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak.

June 30, 2020

Supreme Court Holds That Adding “.com” To A Generic Term Can Create A Protectable Trademark

On June 30, 2020, the Supreme Court held 8-1 that under the Lanham Act, the combination of an otherwise generic term and a top-level Internet domain (such as “.com”) can create a protectable mark if consumers recognize the mark as a brand name. 

June 30, 2020

Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional

On June 29, 2020, the Supreme Court held 5-4 that the single-Director structure of the Consumer Financial Protection Bureau violates the Constitution’s separation of powers, but ruled 7-2 that the proper remedy is to sever the Director’s statutory for cause removal restriction, thereby making the Director removable by the President at will. 

June 29, 2020

Update on Intellectual Property-Related Issues in the Response to COVID-19

This Alert reports on recent intellectual property law developments relating to the COVID-19 pandemic, as of June 26, 2020.

June 26, 2020

California Supreme Court Holds That District Attorneys May Seek Statewide Civil Penalties and Restitution Under Unfair Competition Law

On June 25, 2020, the California Supreme Court issued its second major Unfair Competition Law (UCL) opinion of the term, unanimously deciding that local prosecutors have the power to seek civil penalties for violations in California that occur outside their territorial jurisdiction.

June 26, 2020

Additional U.S. Public Company Disclosure Considerations Related to the Impact of COVID-19

Due to the ongoing assessment of the impact of COVID-19 on companies’ operations, liquidity and capital resources and overall economic and market conditions, companies should take special care in preparing for their quarterly reporting.

June 25, 2020

Protecting Client Privilege During UK Regulatory Investigations: A Cautionary Tale from the UK’s Audit Regulator

On June 10, 2020, Mr Justice Trower, sitting in the English High Court, handed down his judgment in A v B [2020] EWHC 1491 (Ch). The judgment addressed the treatment of privileged documents that had been disclosed to an auditor by their clients under a limited waiver, with a finding that it was for the auditors (and not their clients) to decide, objectively, if the relevant materials could be withheld on the grounds of privilege, or should be disclosed to the Financial Reporting Council.

June 25, 2020

Expiration of Federal Law Limiting Antitrust Civil Exposure Creates Uncertainty for Cartel Self-Reporting

The Antitrust Criminal Penalty Enhancement & Reform Act (ACPERA) is an essential complement to the Corporate Leniency Policy, which the Department of Justice, Antitrust Division has described as its “most important prosecutorial tool.”

June 24, 2020

European Commission Imposes Countervailing Duties on Imports from Egypt for Subsidies Provided by China

On 15 June 2020, the European Commission published Implementing Regulation 2020/776, which imposes definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in China and Egypt.

June 24, 2020

GDPR Update: French Administrative Supreme Court Upholds 50 Million Euro Fine Against Google LLC

On June 19, 2020, the French Administrative Supreme Court (“Conseil d’Etat”) dismissed Google LLC’s appeal against the French Data Protection Authority’s decision of January 21, 2019, imposing a fine of 50 million euros on Google LLC.

June 23, 2020

City of Los Angeles Proposes Penalties for Unoccupied Property by Imposing New Vacancy Tax

On June 16, 2020, the Los Angeles City Council voted 13-0 to approve a motion instructing the City Attorney to draft an ordinance for consideration by voters on the November 3, 2020 citywide ballot, to impose an annual “vacancy tax” on certain unoccupied multi-family residential and other vacant real property in the City of Los Angeles.

June 22, 2020

Supreme Court Limits Disgorgement Remedy In SEC Civil Enforcement Actions

On June 22, 2020, the Supreme Court held 8-1 that although the SEC may seek disgorgement in civil enforcement actions, the remedy must be limited to the wrongdoer’s net profits and be awarded for the benefit of victims. 

June 22, 2020

The European Commission Publishes White Paper on Foreign Subsidies – Political Power Meets Legal Ambiguity

On June 17, 2020, the European Commission issued a White Paper asking for views on its plans for tackling foreign State subsidies that affect EU markets. If adopted, the reform will have far-reaching consequences on how non-EU owned businesses are run in the EU and how foreign entities can invest in Europe.

June 18, 2020

Supreme Court Rejects DHS’s Decision To Terminate DACA

On June 18, 2020, in a 5-4 decision, the Supreme Court held that DHS’s decision to terminate the Deferred Action for Childhood Arrivals policy is unlawful. 

June 18, 2020

New York State Businesses Must Adhere to Strict Compliance Requirements As They Reopen

On June 17, 2020, New York Governor Andrew Cuomo announced that New York City and Long Island will proceed to the next phase of the State’s reopening process.

June 18, 2020