The Federal Financial Institutions Examination Council (FFIEC) recently announced the publication of substantial revisions to the first section of its Bank Secrecy Act/Anti-Money Laundering Examination Manual regarding the BSA/AML examination process and the examination of a bank’s overall BSA/AML program.
April 27, 2020
On April 27, the Supreme Court held 8-1 that Congress failed to effectively repeal the government’s obligation to make more than $12 billion in payments to insurers under the Patient Protection And Affordable Care Act risk corridors program, and insurers may sue to recover the missed payments.
April 27, 2020
As you navigate through the implications of the pandemic on your business, below is a high level list of some of the key issues to consider with respect to one or more events or consequences caused by the COVID-19 pandemic (“COVID-19 Event”) in reviewing your project agreements and financing documents.
April 27, 2020
This briefing covers steps sponsors should consider taking when fundraising in the current environment.
April 27, 2020
Gibson Dunn lawyers describe the various government entities that will oversee and investigate the use of CARES Act funds.
April 24, 2020
The rapid spread of the COVID-19 pandemic, and stringent government orders regulating the movement and gathering of people issued in response, continues to raise concerns about parties’ abilities to comply with contractual terms across a variety of industries. As discussed previously, force majeure clauses may address parties’ obligations under such circumstances. Even without force majeure clauses, depending on the circumstances parties may seek to invalidate contracts or delay performance under the common law based on COVID-19. To assist in considering such issues, we have prepared the following overview. As the analysis of the applicability of any of the doctrines below is fact-specific and fact-intensive, this overview is intended only as a starting point. We encourage you to reach out to your Gibson Dunn contact to discuss specific questions or issues that may arise.
April 24, 2020
Gibson Dunn lawyers provide an overview and summary of key class action developments during the first quarter of 2020 (January through March).
April 24, 2020
On April 23, 2020, the Supreme Court held 6-3 that the Clean Water Act requires a permit for the indirect discharge of pollutants from point sources to navigable waters via nonpoint sources, such as groundwater, if the discharge is the functional equivalent of a direct discharge.
April 23, 2020
On April 23, 2020, the Supreme Court unanimously held that under the Lanham Act, proof of willful trademark infringement is not a precondition to a mark holder’s recovery of the infringer’s profits.
April 23, 2020
In light of the significant impact of COVID-19, the UK Financial Conduct Authority (FCA), like many other regulatory authorities globally, has introduced a number of temporary measures impacting financial services firms.
April 23, 2020
Recognizing that public companies continue to be inundated with developing disclosure and governance requirements due to the COVID-19 pandemic, Gibson Dunn has created a list of recent publications, releases, guidance, updates, and other useful resources from the SEC, PCAOB, NYSE, Nasdaq, proxy advisory firms, institutional investors, various state governors, and other relevant entities.
April 23, 2020
On April 20, 2020, the U.S. Supreme Court granted certiorari in Van Buren v. United States, to address a decade-long circuit split regarding the scope of the Computer Fraud and Abuse Act (CFAA), a statute the Supreme Court has never before interpreted and that is routinely invoked in both criminal and civil settings.
April 22, 2020
On April 20, 2020, the governors of Colorado and Georgia announced plans to begin easing the restrictions the states imposed in response to the outbreak of COVID-19.
April 22, 2020
In this client alert we summarise: (i) the announcement of details on the Coronavirus Large Business Interruption Loan Scheme (the “CLBILS”); and (ii) the announcement of a new funding scheme for innovative companies that are facing financing difficulties due to the COVID-19 pandemic (the “Innovation and Development Scheme”).
April 22, 2020
Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of April 22, 2020.
April 22, 2020
Since the early stages of the coronavirus (COVID-19) pandemic, U.S. financial regulators have issued a flurry of guidance. This Alert analyzes select guidance from regulators to date on three key issues: (1) the additional planning that financial institutions should undertake going forward, (2) how financial institutions should adjust day-to-day banking operations during coronavirus, including complying with their Bank Secrecy Act/anti-money laundering (“BSA/AML”) obligations, and (3) how COVID-19 affects oversight of financial institutions, including supervisory priorities and deadlines.
April 21, 2020
The changing enforcement and risk landscape is partly a result of the quick adjustment of enforcement agencies to the “new normal” under restrictive measures stipulated through a series of ad hoc regulations that dramatically change the way businesses and their employees used to operate a few weeks ago.
April 21, 2020
In a decision that directly addresses an issue of critical importance for the daily fantasy sports industry, on April 16, 2020, the Illinois Supreme Court held that head-to-head daily fantasy sports matches do not constitute “gambling” as contemplated by the state’s criminal statutes.
April 21, 2020
After a busy 2019, legal developments related to artificial intelligence and automated systems continued apace into the new decade and saw tangible regulatory frameworks begin to take shape on both sides of the Atlantic.
April 21, 2020
On April 20, 2020, the U.S. Supreme Court held 7-2 that landowners at Superfund toxic waste sites must obtain EPA approval before seeking damages under state law for cleanup beyond what EPA has ordered.
April 20, 2020