Client Alert - Gibson Dunn

Client Alert

Supreme Court Casts Doubt On “Defense Preclusion”

In a case brought under federal trademark law, the Supreme Court held 9-0 that preclusion does not bar a defendant from raising new defenses in response to new claims. 

May 14, 2020

A Glimpse Behind the Curtain: Insights to SEC Enforcement During the Pandemic and Tips for Mitigating Investigative Risk

Areas of regulatory focus provide a helpful roadmap for companies and financial institutions, and reinforce the guidance we provided in our prior alert, to reduce the risk of drawing scrutiny.

May 13, 2020

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

Gibson Dunn reports on the steady pace of patent litigation and patent review filings during the COVID-19 pandemic, and notes that some aspects of ongoing patent litigation are also proceeding as usual. 

May 13, 2020

The Termination of Intra-EU Bilateral Investment Treaties and the Impact on Foreign Investment Protection in Europe

On 5 May 2020, twenty-three European Union Member States signed an agreement purporting to terminate approximately 130 intra-EU bilateral investment treaties or “BITs”.

May 13, 2020

COVID-19 UK Bulletin – May 13, 2020

Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of May 13, 2020.

May 13, 2020

New York Appellate Division, First Department Lifts March 2020 Suspension Order, Reinstating Key Appellate Deadlines and Effectively Reopening the Court for New Appeals

On May 8, 2020 the First Department rescinded the March 17, 2020 Order and reinstated “the deadlines for the remaining 2020 terms of the Court (September through December 2020 terms).”  The First Department is in all material respects now back open for business for new appeals.

May 12, 2020

European Commission Launches Major AML Initiative

On May 7, 2020, the European Commission announced an action plan of measures designed to pursue what will likely constitute a fundamental reshaping of how rules relating to anti-money laundering (AML) and counter-terrorist financing (CTF) are implemented, overseen and enforced in the EU.

May 11, 2020

M&A Report – 2019 Year-End 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 in 2019) during the second half of 2019.

May 11, 2020

COVID-19: UK Financial Conduct Authority Expectations on Financial Crime and Information Security

The UK Financial Conduct Authority (“FCA”) has issued statements to financial services firms outlining its expectations on: (i) financial crime systems and controls; and (ii) information security, during the COVID-19 pandemic. These are further examples of the FCA requiring firms to take steps to prevent and/or limit harm to consumers and the market more generally in this challenging period.

May 11, 2020

Corporate M&A in Times of the Corona Crisis – Specific Consequences of the Pandemic for the German Transaction Business

Gibson Dunn provides an overview of various tendencies and trends that will influence the German transaction business beyond and partially irrespective of the specific legislative steps taken in response to the pandemic.

May 7, 2020

Investor Communications by Private Equity and Real Estate Fund Managers in Light of COVID-19

As COVID-19 continues to spread throughout the globe, the ultimate effect on businesses and financial markets remains uncertain.  This alert offers practical guidance for the managers of private equity and real estate funds weighing such considerations.

May 7, 2020

New York Moratorium on Residential and Commercial Evictions Extended Through August 20, 2020

On May 7, 2020, New York Governor Andrew Cuomo announced that the state’s moratorium on residential and commercial COVID-19-related evictions will be extended through August 20 and that new rent relief measures will be imposed.

May 7, 2020

Supreme Court Holds That Copyright Protection Does Not Extend To Annotations Accompanying Statutory Text

On April 27, 2020, a divided Supreme Court held in Georgia v. Public.Resource.Org, Inc. that Copyright protection does not extend to the annotations contained in Georgia’s official annotated code. The “government edicts” doctrine, the Court held, puts Georgia’s annotations outside the reach of copyright protection because they are created by an arm of the Georgia legislature acting in the course of its legislative duties.

May 7, 2020

Developments in the Sports Betting Landscape in the United States During the COVID-19 Pandemic

The world of sports betting, like many other industries, has been impacted by the COVID-19 pandemic in significant ways.  One major disrupting force has been the widespread cancellation of live sporting events. 

May 7, 2020

Federal Circuit Update (May 2020)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three Supreme Court decisions in cases originating in the Federal Circuit decided in April and key filings for certiorari review, as well as other developments from the court.

May 6, 2020

COVID-19 UK Bulletin – May 6, 2020

Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of May 6, 2020.

May 6, 2020

Federal Reserve Issues New Guidance on Primary Market Corporate Credit Facility, Including Use of Subsidiary Issuers

The Federal Reserve issued revised guidance on May 4, 2020, with respect to the Primary Market Corporate Credit Facility (PMCCF) and noted that it expects the PMCCF to be operational sometime in early May 2020.

May 5, 2020

Debt Buybacks: Opportunities and Considerations for Private Equity Investors in Asia Pacific

As the COVID-19 global pandemic continues to devastate economies, trading prices for many bank loans have fallen significantly.  Private equity sponsors are looking at debt buybacks as a potential opportunity to de-lever their portfolio companies at a significant discount. 

May 5, 2020

U.S. Moves to Tighten Export Controls on China and other Jurisdictions with Policies of Civil-Military Fusion

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) is moving forward with long-anticipated efforts to further restrict trade in a large number of sensitive technologies.

May 4, 2020

COVID-19 and Personal Injury Tort Liability: Preliminary Considerations for Businesses

As governments contemplate lifting COVID-19 restrictions, businesses looking to reopen their doors face numerous questions about the legal risks of operating in the midst of a pandemic.  Some of the most pressing concerns include identifying the precautions needed to avoid transmission of the virus to employees, customers, or others in proximity to their operations and the potential for liability if individuals become severely ill or die from a COVID-19 infection. 

May 4, 2020