Client Alert - Gibson Dunn

Client Alert

California Supreme Court Winter 2019 Round-Up

The Winter 2019 edition of Gibson Dunn's California Supreme Court Round-Up includes opinions handed down by the Court from May through December 2018, organized by subject. provides a resource for busy practitioners seeking an in-depth, timely, and objective report on the California Supreme Court's actions.

February 1, 2019

Federal Circuit Update (January 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s on-sale bar decision as well as key filings for certiorari or en banc review. The Update lists the Federal Circuit’s new guidelines to address scheduling conflicts.  We also summarize recent Federal Circuit decisions confirming the scope of required IPR review, deciding the impact of term changes on obvious-type double patenting, and reflecting differences in how infringement letters can give rise to personal jurisdiction for declaratory judgment claims.

January 31, 2019

Venezuela Update: The Trump Administration Imposes Oil Sanctions to Effect Regime Change

On January 28, 2019, amid mounting tensions between Washington and Caracas, the Trump Administration imposed the most stringent sanctions to date on Venezuela by designating the state-owned oil company Petroleos de Venezuela, S.A.

January 31, 2019

Europe’s Highest Court Finds in Favor of UPS in Merger Review Appeal

On 16 January 2019, the European Union’s highest court, the Court of Justice, upheld the claim of United Parcel Service, Inc. (“UPS”) that the European Commission (“Commission”) had breached its rights of defense.

January 29, 2019

Illinois Supreme Court Finds BIPA Violations Actionable, Even With No “Actual Injury”

On January 25, 2019, in Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court unanimously held that a plaintiff may be “aggrieved” under Illinois’ Biometric Information Privacy Act (“BIPA”)—with statutory standing to sue for significant statutory damages—even without alleging an “actual injury” caused by the BIPA violation.

January 29, 2019

International Cybersecurity and Data Privacy Outlook and Review – 2019

As every year, in honor of Data Privacy Day—an international effort to raise awareness and promote privacy and data protection best practices—we offered Gibson Dunn's seventh annual Cybersecurity and Data Privacy Outlook and Review.

January 29, 2019

Investigations in the 116th Congress: A New Landscape and How to Prepare

With Democrats regaining the majority in the House of Representatives for the first time in nearly a decade, the investigative priorities of the lower chamber will shift—and corporations should expect (and prepare) to find themselves more frequently the subjects of investigations.

January 29, 2019

U.S. Cybersecurity and Data Privacy Outlook and Review – 2019

Gibson Dunn offers this seventh edition of its United States Cybersecurity and Data Privacy Outlook and Review, focusing on developments during 2018 and looking ahead to 2019.

January 28, 2019

The French Data Protection Authority Imposes a 50 Million Euros Fine on Google LLC

On January 21, 2019, the French Data Protection Authority (the "CNIL") issued a public ruling against Google LLC. In its ruling, the CNIL imposed a penalty of 50 million euros on Google LLC for breach of EU transparency and information obligations and lack of valid consent for targeted advertising purposes.

January 24, 2019

“New Year Special”: European Commission’s DG Comp Sets Out Its Stall at the OECD’s Global Competition Forum

In December 2018, the European Commission presented eight papers at the OECD Competition Forum. Gibson Dunn provides an overview of the papers' insights and guidance for the competition community.

January 24, 2019

UK Employment Update – January 2019

Gibson Dunn looks back at key developments in UK employment law during 2018 and discusses significant anticipated developments in 2019.

January 24, 2019

Supreme Court Holds That Confidential Licensing Agreements Can Trigger The America Invents Act’s “On-Sale” Bar

On January 22, 2019, the U.S. Supreme Court held that confidential licensing agreements can trigger the Leahy-Smith America Invents Act’s “on-sale” bar, which prohibits awarding patents to claimed inventions that have already been “in public use, on sale, or otherwise available to the public.”

January 22, 2019

M&A Report – A New Twist in the Oxbow Joint Venture Saga: Delaware Supreme Court Rules the Covenant of Good Faith and Fair Dealing Cannot Save the Day

The Delaware Supreme Court recently overruled a Court of Chancery opinion that had relied on the covenant of good faith and fair dealing to allow the minority owners in a joint venture to force an exit transaction.

January 22, 2019

Artificial Intelligence and Autonomous Systems Legal Update (4Q18)

Gibson Dunn provides an update on legal developments in the areas of artificial intelligence, machine learning and autonomous systems during the fourth quarter of 2018.

January 22, 2019

Fourth Quarter 2018 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2018 (October through December). Part I summarizes amendments to Rule 23 that went into effect on December 1, 2018.

January 18, 2019

Developments in the Defense of Financial Institutions – Calculating the Financial Exposure

Our financial institution clients frequently inquire about how best to address their regulatory and financial exposure in inquiries by the U.S. Department of Justice ("DOJ") and regulators in the United States.

January 18, 2019

2018 Trade Secrets Litigation Roundup

2018 marked an exciting year of trade secret developments and demonstrated the federal government’s increased involvement in protecting trade secrets, a trend expected to continue in 2019.

January 16, 2019

2018 Year-End Securities Enforcement Update

The Securities and Exchange Commission, like most federal agencies, ended 2018 with a whimper, not a bang. Most staffers were furloughed as part of the federal government shutdown, a note on the SEC homepage cautioning that until further notice only a limited number of personnel would be on hand to respond to emergency situations.

January 15, 2019

U.S. Department of Health and Human Services Issues New Guidance on Voluntary Cybersecurity Practices for Health Care Industry

On December 28, 2018, a Task Group that includes U.S. Department of Health and Human Services personnel and private-sector health care industry leaders published new guidance for health care organizations on cybersecurity best practices.

January 14, 2019

The Impact of the New USPTO Eligibility Guidelines on Artificial Intelligence-related Inventions

On January 4, 2019, the USPTO announced updated guidance to help clarify the process that examiners should undertake when evaluating whether a pending claim is directed to an abstract idea under the Supreme Court's two-step Alice test and thus not eligible for patent protection under 35 U.S.C. § 101.

January 11, 2019