Client Alert - Gibson Dunn

Client Alert

Proposed CFIUS Regulations: The U.S. Remains Open for Business … but Read the Fine Print

On September 17, 2019, the U.S. Department of the Treasury issued proposed regulations to implement the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), which expanded the scope of inbound foreign investment subject to review by the Committee on Foreign Investment in the United States (CFIUS).

September 20, 2019

Ninth Circuit Issues Decision in Closely Watched Data Scraping Case

On September 9, 2019, the Ninth Circuit issued its long-anticipated decision in hiQ v. LinkedIn, one of the most closely watched data scraping cases in years.

September 16, 2019

DOJ’s Antitrust Division Elects Binding Arbitration to Resolve Merger Challenge

On September 4, 2019, the U.S. Department of Justice’s Antitrust Division challenged Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. In a first, the Antitrust Division has agreed to resolve the matter through binding arbitration under the Administrative Dispute Resolution Act of 1996.

September 16, 2019

The UK Serious Fraud Office’s latest guidance on corporate co-operation – Great expectations fulfilled or left asking for more?

On August 6, 2019 the Serious Fraud Office in London published a new section of its Operational Guidance entitled Corporate Co-operation Guidance. There were great expectations amongst practitioners and companies alike. Have these expectations been met or do they leave readers asking for more?

September 10, 2019

SEC Staff Announces Significant Changes to Shareholder Proposal No-Action Letter Process

On September 6, 2019, the Division of Corporation Finance of the Securities and Exchange Commission announced two significant procedural changes for responding to Exchange Act Rule 14a-8 no-action requests that will be applicable beginning with the 2019-2020 shareholder proposal season

September 9, 2019

Google and YouTube Reach Historic Settlement with FTC and New York AG Over Alleged COPPA Violations

On September 4, 2019, Google and its subsidiary, YouTube, agreed to pay a record $170 million fine to settle allegations by the Federal Trade Commission (FTC) and New York Attorney General that YouTube harvested children’s personal data in violation of the Children’s Online Privacy Protection Act (COPPA).

September 9, 2019

Dodd-Frank 2.0: U.S. Agencies Revise the Volcker Rule on Proprietary Trading

On August 20, 2019, the Office of the Comptroller of the Currency and the Board of Directors of the Federal Deposit Insurance Corporation approved an expected rewrite of the regulation on proprietary trading, along with some minor amendments to the provisions governing private equity funds and hedge funds.

September 9, 2019

New York Court of Appeals Round-Up & Preview (September 2019)

The New York Court of Appeals Round-Up & Preview summarizes key opinions in civil cases issued from summer 2018 to summer 2019 and highlights potentially significant cases that the Court will hear during the coming year.

September 3, 2019

The Pacte Statute Introduces Significant Changes for French Corporate Governance – An Overview

In a short video, Paris partner Jean-Philippe Robé helps analyze the ins and outs of France's Pacte Law on corporate governance.

September 3, 2019

USPTO Requests Public Comments on Patenting Artificial Intelligence Inventions

Following up on the release of eligibility guidelines for AI-related inventions earlier this year, the United States Patent and Trademark Office published on August 27, 2019, a request for public comments on a series of patent-related issues regarding AI inventions.

August 28, 2019

SEC Issues New Guidance for Proxy Advisors and Investment Advisers Engaged in the Proxy Voting Process

On August 21, 2019, the SEC issued new guidance regarding two elements of the proxy voting process that are influenced by proxy advisory firms: proxy voting advice issued by proxy advisors and proxy voting by investment advisers who use that proxy voting advice.

August 23, 2019

The Singapore Convention on Mediation and the Path Ahead

On August 7, 2019, forty-six State Parties, including the United States, China, India, and South Korea, signed the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the “Singapore Convention on Mediation.”

August 22, 2019

Delaware Court of Chancery Issues Important Ruling on Validity of Advance Notice Bylaws

In an important transcript ruling issued in August 2019, the Delaware Court of Chancery upheld the validity and vitality of advance notice bylaw provisions, which govern the timing and disclosure requirements of stockholder nominations of board candidates.

August 16, 2019

2019 Mid-Year Securities Litigation Update

Gibson Dunn lawyers highlight what you most need to know in securities litigation trends and developments for the first half of 2019.

August 15, 2019

UK Employment Update – Summer 2019

Gibson Dunn lawyers look back at the key developments in UK employment law during the first half of 2019 and look forward to anticipated developments in the six months to come.

August 14, 2019

2019 Mid-Year FDA and Health Care Compliance and Enforcement Update – Providers

Halfway through 2019 and the third year of the Trump Administration, we continue to observe complex trends in the health care regulatory and enforcement environment impacting providers.

August 14, 2019

Federal Circuit Update (August 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s summer 2019 decisions in cases appealed from the Federal Circuit as well as key filings for certiorari or en banc review. Recent Federal Circuit news, decisions and practice changes are also noted.

August 13, 2019

Delaware Bankruptcy Court Rules That Liquidation Trustee Controls the Privilege of Board of Directors’ Special Committee

In June 2019, a Delaware bankruptcy court held that a special committee’s advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.

August 13, 2019

New U.S. Sanctions Targeting Venezuelan Government

On August 5, 2019, the Trump administration imposed new sanctions on the Government of Venezuela by freezing the property and assets of the regime of Venezuelan President Nicolás Maduro as well as those who provide it with “material support.”

August 7, 2019

New York State Supreme Court Invalidates State Title Insurance Regulations

On August 2, 2019, the Manhattan Supreme Court invalidated as unconstitutional New York State Insurance Regulation 208—a sweeping regulation adopted in late 2017 by the New York State Department of Financial Services (DFS)—on First Amendment and due process grounds.

August 7, 2019