Client Alert - Gibson Dunn

Client Alert

COVID-19 UK Bulletin – June 17, 2020

Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of June 17, 2020.

June 17, 2020

Supreme Court Holds That Title VII’s Prohibition On Discrimination Because Of Sex Includes Sexual Orientation And Transgender Status Discrimination

On June 15, 2020, the Supreme Court held 6-3 that the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 encompasses employment discrimination because of a person’s sexual orientation or transgender status. 

June 15, 2020

Ninth Circuit Ruling in Bankruptcy Appeal Has Significant Implications for Lenders in Bankruptcy Cases

Section 364(e) of the Bankruptcy Code provides important protections to lenders that provide post-bankruptcy financing (known as “DIP Financing”) to companies that are in chapter 11 bankruptcy cases (known as “Debtors”). By its plain terms, Section 364(e) provides a lender with material protections in the event that an order authorizing DIP Financing is later reversed or modified on appeal:

June 15, 2020

European Market Infrastructure Regulation for Derivatives End-Users – A Shift in Responsibility for Reporting

EMIR Refit came into force on 17 June 2019 with the aim of amending the European Market Infrastructure Regulation (EMIR) to address “disproportionate compliance costs, transparency issues and insufficient access to clearing for certain counterparties”.

June 12, 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. First, we describe new initiatives launched by the United States Patent and Trademark Office (“USPTO”) and the United States Department of Energy (“DOE”) compiling helpful information for intellectual property stakeholders seeking to combat the pandemic.

June 12, 2020

California Consumer Privacy Act Update: Attorney General Finalizes Regulations and Provides Interpretive Guidance

The Office of the California Attorney General announced on June 1, 2020, that it submitted the final proposed regulations for the California Consumer Privacy Act (CCPA), and related documents, to the California Office of Administrative Law.

June 12, 2020

Federal Reserve Modifies Main Street Lending Programs to Expand Eligibility and Attractiveness

On June 8, 2020, the Federal Reserve announced revisions to the three Main Street lending facilities it is creating under the CARES Act.

June 9, 2020

The CARES Act, the Higher Education Emergency Relief Fund, and Guidance for Schools to Limit Litigation Exposure

Gibson Dunn lawyers present an overview of the Higher Education Emergency Relief Fund (HEERF) and its conditions, potential False Claims Act pitfalls, and advice for ensuring compliance and avoiding litigation.

June 8, 2020

President Signs Paycheck Protection Program Flexibility Act

On June 5, 2020, the President signed into law H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (“PPP Flexibility Act”), which relaxes a number of requirements of and restrictions on the Paycheck Protection Program (“PPP”) established by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and clarified by subsequent guidance from the Small Business Administration (“SBA”) and the U.S. Department of the Treasury.[i]  The bill passed the House by a vote of 417-1 and the Senate by voice vote, reflecting the strong bipartisan support behind the legislation.  Below is a summary of the major changes to the PPP instituted by the PPP Flexibility Act. 

June 8, 2020

Gibson Dunn | Europe | Data Protection – June 2020

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

June 4, 2020

DOJ Updates Guidance Regarding Its “Evaluation of Corporate Compliance Programs”

On June 1, 2020, the U.S. Department of Justice Criminal Division issued, without fanfare, updated guidance on the “Evaluation of Corporate Compliance Programs”, which sets out considerations for DOJ prosecutors to take into account when assessing corporate compliance programs, making charging decisions, and negotiating resolutions.

June 3, 2020

COVID-19 UK Bulletin – June 3, 2020

Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of June 3, 2020.

June 3, 2020

New York State Legislature Passes Relief Package for Renters and Property Owners

On May 28, 2020, the New York State Legislature fast-tracked a set of bills providing accommodations for renters and property owners affected by COVID-19.

June 2, 2020

UK government announces important changes to the Coronavirus Job Retention Scheme and Self-Employment Income Support Scheme

On 29 May 2020, the Chancellor announced how the Coronavirus Job Retention Scheme (“CJRS”) and Self-Employment Income Support Scheme will operate over the next five months and eventually terminate on 31 October 2020. Further guidance on the flexible furlough and how employers should calculate claims will be published on 12 June and we will accordingly publish further information.

June 2, 2020

Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories

On June 1, 2020, the Supreme Court unanimously held that the New York Convention permits the use of state-law equitable estoppel doctrines to compel arbitration between parties that did not sign the arbitration agreement. 

June 1, 2020

Supreme Court Upholds The Appointments Of The Members Of The Puerto Rico Financial Oversight And Management Board

On June 1, 2020, the Supreme Court held that the appointments of the members of the Financial Oversight and Management Board for Puerto Rico did not violate the Appointments Clause of the United States Constitution. 

June 1, 2020

Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach

On June 1, 2020, the Supreme Court held 5-4 that participants in defined-benefit pension plans lack Article III standing to sue under ERISA for alleged breach of fiduciary duties because, whether or not they prevail in the action, they will receive the same payments for the rest of their lives. 

June 1, 2020

Federal Reserve Releases Application Materials and Guidance for the Main Street Lending Programs

On May 27, 2020, the Federal Reserve Bank of Boston released additional information on the three lending facilities the Federal Reserve is creating under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

June 1, 2020

Second Circuit Cases Clarify Scope of Investors’ “Insider” Status for Short-Swing Profit Statutes

On May 20, 2020, the Second Circuit issued a pair of opinions clarifying when a group of investors may be considered insiders for purposes of securities laws requiring the disgorgement of profits earned through short-term investments by dint of relationships with their investment advisors. 

May 29, 2020

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

Gibson Dunn lawyers report on recent intellectual property law developments relating to the COVID-19 pandemic, as of May 28, 2020.

May 28, 2020