Client Alert - Gibson Dunn

Client Alert

Federal Trade Commission and Department of Justice Issue Joint Statement Regarding COVID-19 and Competition in Labor Markets

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

COVID-19: Regulatory Forbearance for Fund Annual Reports under EU AIFMD

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

FDA Round-Up: Overview of Emergency Actions to Expedite the Availability of Medical Products to Combat COVID-19

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

COVID-19 Update: Financial Reporting and Auditing Considerations for Corporate Management, Audit Committees, and Audit Firms

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

New York Empire State Development Corporation Further Updates Guidance on Businesses Deemed Essential Under Governor Andrew Cuomo’s “New York State on PAUSE” Executive Order

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

Perspectives from One Month into the COVID-19 U.S. Outbreak: Public Company Disclosure Considerations

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

Analysis of Small Business Administration Memorandum on Affiliation Rules and FAQs on Paycheck Protection Program

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

Emergency Lending: Federal Reserve Expands Primary Market Corporate Credit Facility, Secondary Market Corporate Credit Facility and Term Asset-Backed Lending Facility

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

Treasury and Fed Release High-Level Terms of Main Street and Paycheck Protection Lending Facilities

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

Considerations for PIPE Transactions

Gibson Dunn lawyers highlight some key considerations that a company should note in connection with a private investment in public equity (PIPE) transaction.

April 9, 2020

Gibson Dunn | Europe | Data Protection – April 2020

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

April 9, 2020

UK Tax Quarterly Update – The UK Digital Services Tax

Gibson Dunn lawyers detail some of the factors that have influenced the introduction of Digital Services Tax in the UK and its wider implications for multinational enterprises.

April 9, 2020

Some Protection from Patent Infringement Suits Is Available to Those Who Make and Provide Personal Protective Equipment and Ventilators in Response to the COVID-19 Crisis

Many companies have retooled (or are considering retooling) their businesses to meet the rising demand for personal protective equipment (“PPE”), ventilators, and other products or services to address the COVID-19 pandemic.  Moreover, on April 2, 2020, the President ordered the Department of Health and Human Services to use its authority under the Defense Production Act (“DPA”) of 1950, as amended, 50 U.S.C. §§ 4501 et seq., to facilitate the supply of materials for the production of ventilators by several companies operating in the United States.

April 8, 2020

Fraud in the COVID-19 Age: Examining and Anticipating Changing Enforcement Activity

The COVID-19 pandemic is already reshaping federal and state regulatory enforcement actions in the United States and around the world.  Although it is too early to know the path or impact of future enforcement, experience gleaned from previous post-disaster enforcement activity and an analysis of enforcement activity to date brings into focus a few areas likely to prominently figure in regulator’s activity.  These changes will not be consistent.  As in the past, the political environment, enforcement resources, and ways in which fraud emerges from the crisis will differ across domestic and international borders.

April 8, 2020

Strategies for Private Equity Investing in a Distressed Environment

Gibson Dunn lawyers outline key strategies for private equity funds seeking to acquire both distressed assets and assets of distressed sellers during the COVID-19 pandemic.

April 8, 2020

COVID-19 UK Bulletin – April 8, 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 8, 2020.

April 8, 2020

COVID-19: Civil Litigation in Germany

Gibson Dunn lawyers in Germany discuss ways to overcome obstacles presented by the COVID-19 pandemic's impact on the country's civil courts.

April 7, 2020

COVID-19: Short-Term Reduction of Personnel Costs under German Labor Law

The COVID-19 crisis is in full progress. Most companies are extremely burdened by the crisis and looking for easements. This newsletter shall give you an overview of various possibilities to reduce personnel costs in the short term under German law.

April 7, 2020

A World Without Sports – What Happens Now?

Gibson Dunn lawyers discuss the short-, medium- and long-term impacts of the COVID-19 pandemic on the sports industry and related sectors, and note considerations for stakeholders facing the new business environment.

April 7, 2020

Key Governance Action Items in Response to COVID-19

As public companies wrestle with the continuing and evolving impact of COVID-19, there are several key corporate governance matters that public companies and their boards of directors should consider in the short term.

April 7, 2020