Client Alert - Gibson Dunn

Client Alert

Appointment of Administrative Patent Judges Held Unconstitutional

On October 31, 2019, the United States Court of Appeals for the Federal Circuit held that the statutory scheme of appointing Patent Trial and Appeal Board (PTAB) Administrative Patent Judges (APJs) violates the Appointments Clause of the United States Constitution.

November 5, 2019

U.S. Department of Justice and U.S. Department of Housing and Urban Development Issue Memorandum on Application of the False Claims Act

In a move designed to encourage greater participation by banks and other lending institutions in Federal Housing Administration (FHA) programs, on October 28, 2019, the U.S. Department of Justice (DOJ) and the U.S. Department of Housing and Urban Development (HUD) signed a Memorandum of Understanding (MOU) setting forth guidance on the appropriate use of the False Claims Act (FCA) to enforce violations of FHA regulatory requirements.

November 4, 2019

Federal Circuit Update (November 2019)

This edition of Gibson Dunn’s Federal Circuit Update first summarizes the Federal Circuit’s far-reaching decision in Arthrex, Inc. v. Smith & Nephew, Inc., and reviews pending petitions for certiorari to the Supreme Court in cases appealed from the Federal Circuit, as well as recent filings for en banc review.

November 4, 2019

Artificial Intelligence and Autonomous Systems Legal Update (3Q19)

The third quarter of 2019 continued the public pushback on the unrestricted use of AI technologies, particularly, for the U.S., with regard to technologies used to create “deepfake” video and audio clips as well as the use of facial recognition technology in the public sector.

November 4, 2019

FTC Brings First Case Against Tracking Apps

On October 22, 2019, the Federal Trade Commission announced the first-of-its-kind enforcement action and settlement against the developer and marketer of three tracking applications.

November 1, 2019

GDPR: Fining Guidelines Will Increase Exposure in Germany

In October 2019, the German Conference of Federal and State Data Protection Authorities (the “DSK”) published its long-awaited guidelines for the determination of fines in privacy violation proceedings against companies.

October 30, 2019

UK Regulators Make Further Strides in Responsible Stewardship & Investing

Gibson Dunn lawyers summarize the key changes in the UK Financial Reporting Council's (FRC) new Stewardship Code 2020 impacting investors and asset managers, the outcomes from the UK Financial Conduct Authority (FCA)/FRC discussion paper, and related recent and forthcoming UK and EU legal and regulatory developments.

October 28, 2019

Texas Supreme Court to Address “Anti-Washout” Clauses for Overriding Royalty Interests

On October 4, 2019, the Texas Supreme Court agreed to hear a case addressing the extent to which “anti-washout” provisions can prevent overriding royalty interests from lapsing when the lessee of an oil and gas lease enters into a new lease for the same assets.  

October 24, 2019

New U.S. Sanctions Targeting Turkish Government in Response to Military Operations in Syria

On October 14, 2019, the Trump administration authorized new sanctions against the Government of Turkey in response to that country’s recent military incursion into northern Syria, an action the U.S. government condemned as “endangering innocent civilians, and destabilizing the region, including undermining the campaign to defeat ISIS.”

October 18, 2019

California Consumer Privacy Act: 2019 Final Amendments Signed

After California Governor Gavin Newsom signed amendments to the California Consumer Privacy Act into law in October 2019, in response to concerns raised after its original passage, Gibson Dunn lawyers provide an overview of the amendments.

October 16, 2019

Treasury Releases Guidance on the Transition from LIBOR to Other Reference Rates

On October 9, 2019, the U.S. Department of the Treasury published proposed regulations on the transition from interbank offered rates (IBORs) to other reference rates.

October 15, 2019

Argentina and Other States Adopt Currency Restrictions, Raising Potential Investment Treaty Claims

On September 1, 2019, Argentina introduced a number of new restrictions on foreign currency transactions, reversing its four-year-old policy that had eliminated such controls. This move follows similar recent capital restrictions imposed by other States. Such regulations may give rise to investment treaty claims by foreign investors.

October 14, 2019

California Consumer Privacy Act Update: Regulatory Update

With the California Consumer Privacy Act of 2018 (CCPA) set to take effect on January 1, 2020, California’s Attorney General Xavier Becerra released the much-anticipated draft regulations operationalizing the CCPA on October 10, 2019.

October 11, 2019

IRS Releases Guidance on Taxation of Virtual Currencies

On October 9, 2019, the Internal Revenue Service released Rev. Rul. 2019-24, addressing two scenarios involving the taxation of virtual currencies.

October 10, 2019

Supreme Court Round-Up (October 2019)

As the Supreme Court begins its 2019 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the questions presented in the cases that the Court will hear this Term as well as other key developments on the Court’s docket.

October 7, 2019

M&A Report – 2019 Mid-Year Activism Update

Gibson Dunn provides an update on shareholder activism activity involving NYSE- and Nasdaq-listed companies with equity market capitalizations in excess of $1 billion during the first half of 2019.

October 7, 2019

Best Practices for AML Compliance Self-Assessments

The Bank Secrecy Act requires financial institutions to establish an anti-money laundering (AML) compliance program to prevent and detect financial crime.

October 4, 2019

The Court of Justice of the European Union rules that there is no obligation for Google to carry out de-referencing on non-EU versions of its search engine

On September 24, 2019, the Court of Justice of the European Union issued two rulings with respect to the online ‘right to be forgotten’.

October 2, 2019

Everyone Jump In! All Issuers Will Be Allowed to “Test-the-Waters”

On September 26, 2019, the SEC announced that it has adopted a new rule, Rule 163B under the Securities Act of 1933, that allows all issuers to “test-the-waters.”

October 1, 2019

UK Supreme Court Decides Suspending UK Parliament Was Unlawful

On September 23, 2019, the UK’s highest court ruled that Prime Minister Boris Johnson’s decision to suspend (or “prorogue”) Parliament for five weeks, from September 9, 2019 until October 14, 2019, was unlawful.

September 24, 2019