Client Alert - Gibson Dunn

Client Alert

COVID-19: Key Issues for Private Credit and Special Situation Investors in Asia-Pacific

Gibson Dunn lawyers examine considerations for private credit investors in the Asia-Pacific region stemming from the COVID-19 pandemic.

April 7, 2020

The PREP Act Provides Limited Liability Protection for Certain Coronavirus Countermeasures

On March 17, 2020, Alex Azar, Secretary of Health and Human Services, issued a Declaration activating the Public Readiness and Emergency Preparedness Act (PREP Act, extending immunity “from suit and liability under federal and state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from” administration or use of qualifying products used to combat or reduce the spread of COVID-19.

April 6, 2020

Important Considerations in Implementing Workforce Furloughs

Gibson Dunn lawyers highlight some of the common issues that employers must keep in mind when considering and implementing employee furloughs during the COVID-19 pandemic.

April 6, 2020

Fiduciary Duties and Board Options in a Time of Pandemic

The rapid spread of COVID-19, increasingly stringent government orders in response, and the profound effects on the global economy have raised concerns among corporate directors about how to adequately discharge their fiduciary duties. 

April 6, 2020

When Whistleblowers Call: Planning Today for Employee Complaints During and After the COVID-19 Crisis

Gibson Dunn lawyers discuss key elements of successful business whistleblower action plans in light of the COVID-19 pandemic.

April 6, 2020

California Supreme Court Confirms That the Hague Service Convention Does Not Preempt Right of Parties to Contract for Their Preferred Method of Service

On April 2, 2020, the California Supreme Court issued an important opinion regarding the right of parties to agree to waive the mandatory provisions for service of process abroad under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.

April 6, 2020

UK Government Schemes to Support Businesses during COVID-19 Disruption

The UK Government has announced a series of measures to support public services, people and businesses through this period of severe - but temporary - disruption caused by COVID-19.  The Government’s measures are a mixture of tax relief, financing and support towards the cost of employees. Further clarity on the Government’s plans and practical processes for taking advantage of the support is expected to be provided as the days progress.

April 6, 2020

COVID-19: The UK Financial Conduct Authority’s expectations under the Senior Managers and Certification Regime

On 3 April 2020, the UK Financial Conduct Authority (“FCA”) published a statement setting out its expectations of FCA solo-regulated firms under the Senior Managers and Certification Regime (“SMCR”) during the COVID-19 outbreak. This client alert provides FCA solo-regulated firms with an overview of the FCA’s SMCR-related expectations.

April 6, 2020

Small Business Administration Issues Interim Final Rule on Affiliation, Summary of Affiliation Tests, Lender Application Form and Agreement, and FAQs for Paycheck Protection Program

The U.S. Small Business Administration (“SBA”) published an interim final rule on affiliation (the “Affiliation IFR”) a summary of affiliation tests (the “Summary”), a lender application form and agreement, and FAQs, with respect to, the Paycheck Protection Program (the “Program” or “PPP” and such rule, the “Rule”). 

April 4, 2020

Small Business Administration Issues Interim Final Rule and Final Application Form for Paycheck Protection Program

On April 2, 2020, the U.S. Small Business Administration published an interim final rule regarding, and a “final” form application with respect to, the Paycheck Protection Program.

April 3, 2020

UK Tax Quarterly Update – April 2020 Budget Special

Gibson Dunn lawyers provide an update on various key tax-related announcements and developments in the United Kingdom during Q1 2020.

April 3, 2020

What Is an “Essential Business”? New York and California Take Different Approaches

As the coronavirus (COVID-19) pandemic continues, state and local jurisdictions across the country have issued unprecedented directives restricting in-person business operations in order to minimize the spread of the virus.  New York and California illustrate two differing approaches to this novel issue. 

April 2, 2020

Department of Labor Issues Temporary Regulations for Families First Coronavirus Response Act

On April 1, 2020, the Wage and Hour Division of the U.S. Department of Labor posted a temporary rule relating to the paid leave provisions of the Families First Coronavirus Response Act, which was enacted to provide additional paid leave to employees in light of the novel coronavirus (COVID-19) pandemic.

April 2, 2020

The Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security Updates Essential Critical Infrastructure Workforce Guidance

On March 28, 2020, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) revised its list of “Essential Critical Infrastructure Workers,” which provides expressly non-binding guidance to state and local authorities on identifying their essential workforce during the COVID-19 pandemic. 

April 1, 2020

COVID-19 & International Trade – Nation-State Responses to a Global Pandemic

Gibson Dunn lawyers provide information on the first visible impacts of the COVID-19 pandemic on and changes to export controls, tariffs, foreign direct investment regulations, and sanctions and respective enforcement. 

April 1, 2020

Small Business Administration and Department of Treasury Publish Paycheck Protection Program Loan Application Form and Instructions to Help Businesses Keep Workforce Employed

On March 31, 2020, the Small Business Administration (SBA) and U.S. Department of the Treasury published guidance on the Paycheck Protection Program (PPP), including an application form and related instructions.

April 1, 2020

COVID 19: ESMA Suggests Regulatory Forbearance in Relation to Best Execution Reporting Deadlines

On 31 March 2020, the European Securities and Markets Authority (“ESMA”) issued a public statement[1] to clarify issues regarding the publication by execution venues and firms of best execution reports required by RTS 27 and RTS 28 of MiFID II.  This client alert provides an overview of ESMA’s public statement and its consequences for execution venues and firms. 

April 1, 2020

COVID-19: UK Financial Conduct Authority’s Short Selling Notification Thresholds Amended

The UK Financial Conduct Authority (“FCA”) has made clarifications to its previous announcement on 16 March regarding the European Securities and Markets Authority’s (“ESMA’s”) decision concerning temporary amendments to short selling notification thresholds under the Short Selling Regulation (“SSR”).  The FCA will now be ready to receive notifications at the lower threshold from 6 April 2020.  

April 1, 2020

Latest Overview of Green Bonds and other ESG Financial Products

With global green bond issuances surpassing $200 billion in 2019, issuers in an increasing number of industries have begun to explore both the traditional green bond market and emerging alternative ESG financial products.

March 31, 2020

EPA and NHTSA Finalize New Standards for Automobile Fuel Economy and GHG Emissions

On March 31, 2020, the U.S. Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) issued new standards for automobile fuel economy and greenhouse gas (GHG) emissions for model year (MY) 2021 through MY 2026 vehicles.

March 31, 2020