In a June 2019 decision applying the famous Caremark doctrine, the Delaware Supreme Court confirmed several important legal principles that we expect will play a central role in the future of derivative litigation and that serve as important reminders for boards of directors in performing their oversight responsibilities.
July 29, 2019
An update on the political state of play in the United Kingdom after Boris Johnson was selected as Prime Minister, covering Brexit and other developments.
July 26, 2019
An overview and summary of key class action developments during the second quarter of 2019 (March through June).
July 25, 2019
Recent tax measures adopted, or contemplated, by States which target foreign investors may violate investment treaty obligations, including national treatment, and fair and equitable treatment obligations. These investment treaties give foreign investors the right to pursue claims directly against the State for such breaches.
July 24, 2019
The second quarter of 2019 saw a surge in debate about the role of governance in the AI ecosystem and the gap between technological change and regulatory response.
July 23, 2019
In July 2019, the DOJ Antitrust Division announced that it will allow prosecutors to resolve criminal antitrust investigations with deferred prosecution agreements (“DPAs”) for qualified corporate defendants.
July 23, 2019
Gibson Dunn lawyers provide a comprehensive recap of the first half of 2019 in the realm of securities enforcement.
July 18, 2019
Gibson Dunn lawyers review False Claims Act enforcement activity and litigation during the first half of 2019.
July 16, 2019
For the fifth successive Congress, Gibson Dunn is pleased to release a table of authorities that summarizes the various, and, in many instances, expanding investigative authorities and powers of each House and Senate committee.
July 9, 2019
The UK takeover regime brings particular challenges to take private transactions which differ from the US in a number of significant respects. Gibson Dunn lawyers review the early stage issues and how to overcome them.
July 8, 2019
On July 4, 2019 the UK Serious Fraud Office (SFO) secured approval for its fifth Deferred Prosecution Agreement (DPA) before the Crown Court sitting at Southwark.
July 8, 2019
As the Supreme Court completes its 2018 Term, Gibson Dunn’s Supreme Court Round-Up summarizes the issues presented in the cases on the Court’s docket.
July 2, 2019
On June 27, 2019, the Supreme Court held that the Secretary of Commerce’s decision to reinstate a citizenship question on the 2020 census violates the Administrative Procedure Act because the Secretary’s stated rationale—though reasonable and reasonably explained—was contrived.
June 28, 2019
On June 26, 2019, the Supreme Court reaffirmed that an agency’s reasonable interpretation of its own ambiguous regulations is entitled to deference.
June 26, 2019
On June 26, 2019, the Supreme Court struck down Tennessee’s 2-year durational residency requirement for obtaining retail liquor licenses, holding that it discriminates against interstate commerce in violation of the dormant Commerce Clause.
June 26, 2019
Last week, the New York State Legislature passed the Climate Leadership and Community Protection Act, Senate Bill S6599 (“CLCPA”). It is considered to impose “the most aggressive legal mandate in the country” for emissions reduction.
June 25, 2019
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production (“E&P”) sector of the oil and gas industry temporarily leveled off.
June 25, 2019
On June 24, 2019, the Supreme Court held 6-3 that the Lanham Act’s prohibition on the registration of “Immoral or Scandalous” trademarks infringes the First Amendment.
June 24, 2019
On June 19, 2019, the New York State legislature voted to pass bill A08421, a new law which changes the legal landscape governing discrimination and harassment in the workplace.
June 21, 2019
On June 20, 2019, the Supreme Court declined to resolve whether the Hobbs Act requires district courts to follow FCC Orders construing the Telephone Consumer Protection Act (TCPA), remanding for the court of appeals to consider “two preliminary issues.”
June 20, 2019