On April 20, 2020, the U.S. Supreme Court held 7-2 that the Patent Trial and Appeal Board’s decision whether a petition for inter partes review is time-barred is not judicially reviewable.
April 20, 2020
On March 20, 2020, New York Governor Cuomo issued his eighth executive order following his March 7th declaration of a State disaster emergency in response to the COVID-19 pandemic.
April 20, 2020
Gibson Dunn lawyers review the various state and local government orders in California pertaining to the COVID-19 pandemic and the associated uncertainty for businesses, as of April 20, 2020.
April 20, 2020
The Hong Kong Competition Commission has brought significant changes to its leniency program. In particular, (1) leniency will now be available to individuals; and (2) corporate leniency applicants will, under certain circumstances, receive additional protection from follow-on damage claims.
April 20, 2020
Across the country, government officials at various levels of state, federal, and local government have disagreed about how to respond to the COVID-19 pandemic. Gibson Dunn lawyers examine the implications for businesses operating in New York City of potential conflicting orders from local and state governments.
April 18, 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 15, 2020.
April 16, 2020
In a previous alert, we discussed the constitutional principles governing legislative responses to COVID-19 under the Takings, Contracts, Due Process, and Equal Protection Clauses of the U.S. Constitution. Here, Gibson Dunn applies those principles to proposals currently being debated in state legislatures that would provide broad residential and commercial rent and mortgage relief.
April 15, 2020
On March 28, 2020, the German Federal legislature’s response to the Corona crisis entered into force, introducing a varied array of far-reaching legislative measures to stabilize and support the German economy. In the sphere of corporate law, such statutory implementation measures are, in particular, contained in the Act on the Mitigation of the Consequences of the COVID-19 Pandemic in Civil, Insolvency and Criminal Procedural Law (Gesetz zur Abmilderung der Folgen der COVID-19-Pandemie im Zivil-, Insolvenz- und Strafverfahrensrecht – “COVID-19 Pandemic Mitigation Act”) and the so-called Act on the Introduction of an Economic Stabilization Fund (Wirtschaftsstabilisierungsfondsgesetz - WStFG).
April 14, 2020
On April 13, the Supreme Court announced that for the remainder of this Term, it will hear (by telephone) only 10 of the twenty cases that were previously scheduled for oral argument in March and April 2020. The remaining cases apparently “will be carried over and the arguments will be conducted early in the 2020 term.”
April 14, 2020
As the COVID-19 pandemic continues, organizations around the world are grappling with the intellectual property implications associated with encouraging the rapid distribution of personal protective equipment (PPE) and the development of COVID-19 pharmaceutical treatments to help fight the virus.
April 14, 2020
To assist clients in identifying issues they should evaluate in connection with their lease obligations in the face of the pandemic, Gibson Dunn lawyers have prepared a five-step analysis and flowchart to assist in the review and assessment of force majeure clauses in oil and gas leases.
April 14, 2020
As demands for goods and services—and the workers required to meet those demands—shift during the COVID-19 pandemic, employers should carefully consider the antitrust implications of any steps they might take to adjust to changing markets.
April 14, 2020
The European Securities and Markets Authority (“ESMA”) has published a public statement[1] detailing actions to mitigate fund managers’ reporting obligations. This client alert provides EU alternative fund managers (“AIFMs”), and non-EU AIFMs marketing their funds in the EU, with an overview of the impact of the public statement on the obligation to publish an annual report for the funds they manage.
April 14, 2020
The COVID-19 crisis has prompted a barrage of legislative and regulatory activity affecting drug and device manufacturers. In addition to the CARES Act, one of the most sweeping pieces of legislation in recent memory, the U.S. Food & Drug Administration (FDA) has been releasing new policies and guidance documents on a nearly daily basis.
April 13, 2020
As the disruption caused by COVID-19 continues unabated, companies and their outside auditors are grappling with the financial reporting implications of the crisis. There are numerous, immediate regulatory responses to the crisis that issuers should consider.
April 13, 2020
On April 9, 2020, the New York State Development Corporation (“ESD”) further updated its guidance for determining whether businesses are “essential” and therefore exempt from the in-person workforce restrictions established in Governor Cuomo’s March 20, 2020 “New York State on PAUSE” Executive Order (EO 202.8). That March 20 order required all non-essential businesses keep 100 percent of their workforce at home. These updates, which we review in this alert, demonstrate that ESD is continuing to evolve the breadth and depth of its guidance on what constitutes an essential business. It is therefore critical that businesses continue to stay apprised of the latest developments.
April 10, 2020
In the midst of the constantly evolving landscape caused by the COVID-19 pandemic, U.S. publicly traded companies must continue to consider how the situation impacts their disclosures. Gibson Dunn lawyers provide observations and guidance for companies preparing disclosure in areas that are influenced by the outbreak.
April 9, 2020
On April 8, 2020, the U.S. Small Business Administration (SBA) published a memorandum and new Frequently Asked Questions clarifying the size standards and affiliation rules applicable to the Paycheck Protection Program (PPP).
April 9, 2020
On April 9, 2020, the Federal Reserve announced that it was expanding three of the facilities created earlier this spring in reaction to the economic dislocation caused by COVID-19: the Primary Market Corporate Credit Facility (PMCCF), the Secondary Market Corporate Credit Facility (SMCCF) and the Term Asset-Backed Securities Loan Facility (TALF).
April 9, 2020
On April 9, 2020, the Federal Reserve announced that it would establish two new facilities to promote lending to businesses with up to 10,000 employees or up to $2.5 billion in 2019 annual revenue. The Federal Reserve also announced a lending facility for depository institutions that originate loans under the CARES Act’s Paycheck Protection Program (PPP).
April 9, 2020