Gibson Dunn looks at what is driving tax considerations of the digital economy debate and provide an overview of certain digital tax proposals impacting the United Kingdom and the European Union.
June 20, 2019
On May 17, 2019, the EU established a sanctions framework for targeted restrictive measures to deter and respond to cyber-attacks that constitute an external threat to the EU or its Member States
June 19, 2019
On June 17, 2019, the Supreme Court held 5-4 that private operators of public access television channels are not state actors subject to the First Amendment.
June 17, 2019
As the Supreme Court continues its 2018 Term, Gibson Dunn’s Supreme Court Round-Up is summarizing the issues presented in the cases on the Court’s docket.
June 6, 2019
On May 28, 2019, final text was published in the Official Journal of the European Union (OJEU) for substantive amendments to the European Market Infrastructure Regulation (EMIR).
June 5, 2019
On June 3, 2019, the Supreme Court unanimously held that Title VII’s requirement that employment-discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission (“EEOC”) before filing suit is a mandatory claim-processing rule subject to ordinary principles of waiver and forfeiture, not a jurisdictional prerequisite that can be raised at any point during the litigation.
June 3, 2019
On May 28, 2019, the Supreme Court held 5-4 that when a defendant in a state court action files a counterclaim against a third party as a class action, the third-party defendant may not remove the class action counterclaim to federal court.
May 28, 2019
On May 20, 2019, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC, that a chapter 11 debtor-licensor’s rejection of a trademark license agreement under section 365(a) of the Bankruptcy Code does not terminate the license granted in the agreement.
May 24, 2019
Through the so-called “Pacte Statute” on the Development and Transformation of Businesses, each French company must now be managed “in furtherance of its corporate interest” and “while taking into consideration the social and environmental issues arising from its activity”.
May 23, 2019
The Federal Energy Regulatory Commission (FERC) recently issued two back-to-back orders that resolve key questions regarding the Interconnection Customer’s “Option to Build” the Transmission Owner’s transmission facilities under a FERC-jurisdictional interconnection agreement.
May 22, 2019
On Wednesday, May 15, 2019, the Trump Administration took two separate, but related moves toward securing the information and communications technology and services (ICT) infrastructure of the United States.
May 20, 2019
On May 20, 2019, the Supreme Court unanimously held that courts, not juries, must decide as a matter of law whether there is “clear evidence” that the FDA would not have approved a proposed label warning about a risk of a drug, thereby preempting a state-law failure-to-warn claim based on that same risk.
May 20, 2019
On May 13, 2019, the Commodity Futures Trading Commission (CFTC) published a notice of proposed rulemaking titled Proposed Amendments to the Commission’s Regulations Relating to Certain Swap Data Repository and Data Reporting Requirements.
May 16, 2019
This update provides an overview and summary of key class action developments during the first quarter of 2019 (January through March), as well as an important decision concerning class arbitration that the Supreme Court issued in April.
May 14, 2019
On May 13, 2019, the Supreme Court held 5-4 that iPhone users are “direct purchasers” from Apple when they purchase apps on Apple’s App Store, and thus have standing to sue Apple for alleged monopolistic overcharges under Section 2 of the Sherman Act.
May 14, 2019
On May 7, 2019, the U.S. Department of Justice (“DOJ”) released long-awaited guidance on when DOJ will award cooperation credit to targets of False Claims Act (FCA) enforcement.
May 14, 2019
This edition of Gibson Dunn’s Federal Circuit Update summarizes key filings for certiorari or en banc review, as well as additional new Federal Circuit processes to address scheduling conflicts, for the period February through April 2019.
May 13, 2019
May 8, 2019, was the one-year anniversary of the U.S. decision to withdraw from the 2015 Iran nuclear deal, formally known as the Joint Comprehensive Plan of Action (“JCPOA”), and it was eventful.
May 10, 2019
The political instabilities caused by Brexit raise the possibility that a General Election may be held in the UK sooner than the scheduled 5 May 2022. Given current political turbulence, the prospect of Labour winning any such snap election can no longer be dismissed. If this happens, a future Labour government led by Jeremy Corbyn and John McDonnell is expected to consider nationalising a range of assets.
May 9, 2019
On May 2, 2019, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) released extensive new guidance regarding what constitutes an effective sanctions compliance program. The document is significant in that it represents the most detailed statement to date of OFAC’s views on the best practices that companies should follow to ensure compliance with U.S. sanctions laws and regulations.
May 6, 2019