Client Alert - Gibson Dunn

Client Alert

LSTA, LMA and APLMA Publish Sustainability Linked Loan Principles

Sustainability linked loans, a fast-growing loan product introduced in the United States last year, got a significant boost this week with the promulgation of the Sustainability Linked Loan Principles by the leading syndicated lending industry associations. 

March 22, 2019

Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns

On March 20, 2019, the Supreme Court determined that questions concerning plaintiffs’ standing to challenge Google’s alleged violations of user privacy prevented the Court from deciding whether cy pres-only class action settlements are fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e).

March 20, 2019

China Revamps Laws on Foreign Investments

On March 15, 2019, the National People’s Congress of China passed the Foreign Investment Law which, upon taking effect on January 1, 2020, will replace some of the basic laws and regulations relating to foreign investments in China. This new law represents a major overhaul of China’s foreign investment regulatory regime developed over the last four decades. 

March 19, 2019

Paragon Court Upholds Bankruptcy Courts’ Constitutional Authority to Adjudicate Fraudulent Transfer Claims

The Supreme Court’s watershed Stern v. Marshall decision altered the division of labor between bankruptcy courts and district courts, establishing that bankruptcy courts lacked authority under Article III of the United States Constitution to enter final orders resolving certain “core” claims notwithstanding Congress’s grant of such authority in the Bankruptcy Code. A recent decision by the Bankruptcy Court for the District of Delaware in the bankruptcy case of oil and gas exploration company Paragon Offshore represents the latest chapter in Stern’s ongoing aftermath.

March 13, 2019

2018 Year-End FDA and Health Care Compliance and Enforcement Update – Providers

Gibson Dunn provides an overview of recent DOJ and HHS enforcement efforts affecting health care providers, including a review of notable case law developments in the False Claims Act space, followed by a discussion of recent regulatory and case law developments in the Anti-Kickback Statute and the Stark Law.

March 7, 2019

EU Regulation on Establishing a Framework for Screening of Foreign Direct Investments into the European Union Has Been Adopted

The regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments (“FDI”) into the European Union (“EU”) was adopted on March 5, 2019.

March 5, 2019

2018 Year-End Securities Litigation Update

Gibson Dunn highlights what you most need to know in securities litigation developments and trends for the latter half of 2018.

March 5, 2019

Supreme Court Holds Recovery Of “Full Costs” Under Copyright Act Is Limited To Those Costs Enumerated In The General Costs Statute

On March 4, 2019, the U.S. Supreme Court unanimously held that a provision in the Copyright Act authorizing a prevailing party to recover “full costs” entitles that party to recover only those categories of costs enumerated in 28 U.S.C. §§ 1821 and 1920, and not all litigation expenses.

March 4, 2019

Supreme Court Holds That Payments For Lost Wages Are Taxable “Compensation” Under The Railroad Retirement Tax Act

On March 4, 2019, the U.S. Supreme Court held 7-2 that payments for lost wages due to on-the-job injuries are a form of taxable “compensation” under the Railroad Retirement Tax Act (RRTA).

March 4, 2019

Supreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes Registration

On March 4, 2019, the U.S. Supreme Court held 9-0 that the Copyright Act requires copyright owners to wait until the Copyright Office has approved or denied an application for registration before bringing an infringement action.

March 4, 2019

Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling

On February 26, 2019, the U.S. Supreme Court held 9-0 that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for filing a petition for permission to appeal an order granting or denying class certification is not subject to equitable tolling.

February 26, 2019

Media, Entertainment and Technology Group Outlook and Review – 2019

With an active end to 2018 and a quick start to 2019, we have had no shortage of material to report on for our semi-annual Media, Entertainment & Technology Practice Group Update.

February 21, 2019

Supreme Court Holds That Eighth Amendment’s Prohibition Of Excessive Fines And Related Forfeitures Applies To The States

In Timbs v. Indiana, the U.S. Supreme Court held 9-0 that the Eighth Amendment’s prohibition of excessive fines applies to the States.

February 20, 2019

FTC Publishes Revised Hart-Scott-Rodino Notification Thresholds for 2019

On February 15, 2019, the Federal Trade Commission announced its annual update of the thresholds for pre-merger notifications of M&A transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). 

February 19, 2019

2018 Year-End Government Contracts Litigation Update

In this year-end analysis of government contracts litigation, Gibson Dunn examines trends and summarizes key decisions of interest to government contractors from the second half of 2018.

February 14, 2019

President Trump Issues Executive Order on “Maintaining American Leadership in Artificial Intelligence”

On February 11, 2019, President Donald Trump signed an executive order creating the “American AI Initiative” intended to spur the development and regulation of artificial intelligence, machine learning and deep learning and fortify the United States’ global position by directing federal agencies to prioritize investments in research and development of AI.

February 12, 2019

2018 Year-End FDA and Health Care Compliance and Enforcement Update – Drugs and Devices

Gibson Dunn lawyers discuss enforcement and regulatory developments in the drug and device space during 2018, as well as notable developments in drug pricing and for device manufacturers.

February 12, 2019

2018 Year-End Sanctions Update

2018 was another extraordinary year in sanctions development and enforcement. Gibson Dunn provides a recap of the continuing evolution of sanctions in 2018 and preparation for what may come next.

February 11, 2019

Antitrust in China – 2018 Year in Review

Gibson Dunn highlights the most significant developments in Chinese antitrust enforcement from 2018 and notes what to expect during 2019.

February 11, 2019

Developments on Public Company Disclosures on Board and Executive Diversity

On February 6, 2019, the Division of Corporation Finance of the SEC issued two new identical Compliance and Disclosure Interpretations (C&DIs) addressing public company disclosure in proxy statements and other filings regarding “self-identified diversity characteristics” for board director nominees.  In addition, legislation was introduced in both houses of Congress that would require public companies to annually disclose the gender, race, ethnicity and veteran status of their directors, director nominees, and senior executive officers.

February 8, 2019