Washington, D.C. partner Eugene Scalia is the author of "The Impact of Agency Commissioners’ Dissents" published by The National Law Journal on January 11, 2022.
Article | January 12, 2022
Effective January 1, 2023, New York City employers will be restricted from using artificial intelligence machine-learning products in hiring and promotion decisions. Gibson Dunn lawyers provide an overview of the new law and its implications for employers.
Client Alert | December 27, 2021
On November 15, 2021, President Biden signed into law the “Infrastructure Investment and Jobs Act,” which adds new reporting requirements for certain cryptocurrency transactions that have little to do with infrastructure, but could have potentially dramatic implications for millions of United States businesses and consumers who have embraced cryptocurrency for its efficiency, transparency, and accessibility.
Client Alert | November 18, 2021
On October 25, 2021, the Equal Employment Opportunity Commission expanded its guidance on religious exemptions to employer vaccine mandates under Title VII of the Civil Rights Act of 1964. The EEOC emphasizes that whether an employee is entitled to a religious accommodation is an individualized determination to be made in light of the “particular facts of each situation.”
Client Alert | October 26, 2021
On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.
Client Alert | September 26, 2021
On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.
Client Alert | September 10, 2021
On July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.
Client Alert | July 9, 2021
On June 23, 2021, the Supreme Court held 6-3 that the structure of the Federal Housing Finance Agency—led by a single Director, removable only “for cause”—violates the Constitution’s separation of powers, but ruled 8-1 that a remand is necessary to determine the proper scope of relief.
Client Alert | June 23, 2021
On May 17, 2021, the Supreme Court unanimously held that the Anti-Injunction Act does not bar pre-enforcement judicial review of reporting mandates enforced by tax penalties, at least when a mandate is also enforced by criminal punishment.
Client Alert | May 17, 2021
Washington, D.C. partner Helgi Walker was named in the 2021 Lawdragon Legends of The 500. The list recognizes 32 lawyers nationwide who are “the biggest stars of trials and deals throughout America today… recognized repeatedly among the 500 leading lawyers” for their “sustained excellence and endurance.” The list was published April 15, 2021.
Firm News | April 15, 2021
On April 1, 2021, the Supreme Court held 9-0 that the Federal Communications Commission (FCC) permissibly relaxed three decades-old rules limiting ownership of broadcast stations as part of its quadrennial regulatory review under § 202(h) of the Telecommunications Act.
Client Alert | April 1, 2021
Gibson, Dunn & Crutcher LLP is pleased to announce that Eugene Scalia will return as a partner to the firm’s Washington, D.C. office after serving as the 28th U.S.
Press Releases | March 30, 2021
On January 29, 2021, Pharmaceutical Care Management Association, a national trade association representing pharmacy benefit managers, secured a one-year stay in a challenge to a new regulation issued by the Department of Human Health and Services Office of Inspector General that sought to prohibit PBMs and plan sponsors from accepting retrospective manufacturer rebates under Medicare Part D plans.
Client Alert | February 2, 2021
On January 20, 2021, the inaugural day of the new presidency, the Biden administration issued a series of across-the-board regulatory directives. These directives press pause on federal rulemakings, rescind Trump-era executive orders on the regulatory process, and set a framework for “modernizing” review of regulatory actions.
Client Alert | January 21, 2021
Gibson Dunn earned 13 practice area rankings in the 2021 edition of The Legal 500 UK. Four partners were named to Legal 500’s Hall of Fame, recognizing individuals who receive consistent feedback from their clients for continued excellence, and four other partners were named Leading Lawyers in their respective practices.
Firm News | October 5, 2020
Washington, D.C. partner Helgi Walker, New York partner Barry Goldsmith, New York associate Jonathan Seibald and Washington D.C. associate Brian Richman are the authors of "Aggressive SEC Enforcement Actions Could Limit Small Business Recovery Resources," [PDF] published by The National Law Journal on August 20, 2020.
Publications | August 20, 2020
On August 11, 2020, the Department of Justice released a report on the need for Congress to update the Administrative Procedure Act, the 74-year-old statute that governs the procedures for federal agency action. In the report, entitled Modernizing the Administrative Procedure Act, the Deputy Attorney General highlighted two proposals made by DC partner Helgi Walker, chair of the firm’s Administrative Law and Regulatory Practice Group.
Firm News | August 14, 2020
On June 29, 2020, the Supreme Court held 5-4 that the single-Director structure of the Consumer Financial Protection Bureau violates the Constitution’s separation of powers, but ruled 7-2 that the proper remedy is to sever the Director’s statutory for cause removal restriction, thereby making the Director removable by the President at will.
Client Alert | June 29, 2020
Best Lawyers in France 2021 recognized 17 Gibson Dunn attorneys and named Gibson Dunn the Insolvency and Reorganization Law “Law Firm of the Year.”
Firm News | June 25, 2020
On May 19, 2020, President Trump signed an executive order entitled “Regulatory Relief to Support Economic Recovery," which seeks “to combat the economic consequences of COVID-19.” The Order instructs agencies to “rescind, modify, waiv[e], or provid[e] exemptions from regulations and other requirements that may inhibit economic recovery.”
Client Alert | May 20, 2020
Paris associate Gregory Marson is the author of "Domaine privé : Le Ministère de l’Économie et des Finances considère que les autorités gestionnaires du domaine privé doivent mettre en oeuvre “des procédures similaires à celles qui prévalent pour le domaine public”, à l’aune de l’arrêt Promoimpresa de la Cour de justice de l’Union européenne du 14 juillet 2016 (Réponse ministérielle)" [PDF] published in the March 2019 issue of Concurrences.
Publications | September 12, 2019
Seven Gibson Dunn lawyers were named among Law360’s Rising Stars for 2019 [PDF], featuring “attorneys under 40 whose legal accomplishments transcend their age.” The following lawyers were recognized: Washington D.C. partner Chantale Fiebig in Transportation, San Francisco partner Allison Kidd in Real Estate, Washington D.C. associate Andrew Kilberg in Telecommunications, New York associate Sean McFarlane in Sports, New York partner Laura O’Boyle in Securities, Los Angeles partner Katherine Smith in Employment and Century City partner Daniela Stolman in Private Equity.
Firm News | September 9, 2019
The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.
Firm News | August 15, 2019
Best Lawyers in France 2020 has recognized 16 Gibson Dunn attorneys as leading lawyers in their respective practice areas: Ahmed Baladi – Information Technology Law, Intellectual Property Law, Privacy and Data Security Law and Telecommunications Law; Nicolas Baverez – Administrative Law, Public Law and Regulatory Practice; Maïwenn Béas – Public Law; Amanda Bevan-de Bernède – Banking and Finance Law and Investment; Eric Bouffard – International Arbitration; Bertrand Delaunay – Mergers and Acquisitions Law and Private Equity Law; Jérôme Delaurière – Tax Law; Jean-Pierre Farges – Arbitration and Mediation, Banking and Finance Law, Insolvency and Reorganization Law and Litigation; Pierre-Emmanuel Fender - Insolvency and Reorganization Law; Benoît Fleury – Corporate Law
Firm News | July 1, 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.
Client Alert | 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.
Client Alert | June 26, 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.”
Client Alert | June 20, 2019
GamblingCompliance named Gibson Dunn “Best Regulatory Lawyer/Law Firm of the Year (North America)” at its 2019 GamblingCompliance Global Regulatory Awards.
Firm News | May 1, 2019
The Legal 500 EMEA 2019 has recommended Gibson Dunn in 14 categories in Belgium, France, Germany and UAE. The firm was recognized in Competition – EU and Global in Belgium; Administrative and Public Law, Dispute Resolution – Commercial Litigation Industry Focus – IT, Telecoms and the Internet, Insolvency, Insurance, Mergers and Acquisitions, and Tax in France; Antitrust, Compliance, Internal Investigations and Private Equity in Germany; and Corporate and M&A and Investment Funds in UAE.
Firm News | April 19, 2019
The UK Legal 500 2019 ranked Gibson Dunn in 13 practice areas and named six partners as Leading Lawyers. The firm was recognized in the following categories:
Firm News | November 21, 2018
Six Gibson Dunn partners were recognized by Who’s Who Legal in their respective fields. In Who’s Who Legal France 2018 guide Paris partners Nicolas Baverez and Jean-Pierre Farges were recognized in Administrative Litigation and Restructuring & Insolvency respectively.
Firm News | May 25, 2018
GamblingCompliance named Gibson Dunn “Best Regulatory Lawyer or Law Firm of the Year” at its 2018 GamblingCompliance Global Regulatory Awards. The awards recognize “individuals and teams who have excelled in the field of regulatory compliance and responsible gambling initiatives.” The results were announced at its second annual dinner on April 18, 2018.
Firm News | April 18, 2018
On March 16, 2018, the D.C. Circuit unanimously vacated part of the FCC's July 2015 Declaratory Ruling and Order, which vastly expanded the scope of the Telephone Consumer Protection Act of 1991 ("TCPA").
Client Alert | March 19, 2018
On March 15, 2018, in a 2-1 opinion, the U.S. Court of Appeals for the Fifth Circuit struck down the U.S. Department of Labor's controversial "Fiduciary Rule." The Rule would have expanded who is a "fiduciary" under ERISA and the Internal Revenue Code, imposing significant new obligations and liabilities on broker-dealers and insurance agents who sell annuities to IRAs.
Client Alert | March 18, 2018
Washington, D.C. partner Raymond B. Ludwiszewski is the author of "EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy," [PDF] published by Law360 on February 23, 2018.
Article | February 23, 2018
Washington, D.C. partner Avi Garbow is the author of "EPA In The Trump Era: Settling Mandatory Duty Lawsuits," [PDF] published by Law360 on February 22, 2018.
Article | February 22, 2018
Paris associate Grégory Marson is the author of "Difficultés objectives : La Cour de justice de l'Union européenne considère qu'à défaut de clause prévoyant la possibilité d'adapter, même de façon importante, un marché public au cours de son exécution, une transaction motivée par des difficultés objectives ne saurait avoir pour objet de le modifier de manière substantielle," [PDF] published in Concurrences on September 7, 2016.
Article | September 7, 2017
Paris associate Grégory Marson is the author of Méthode de notation: Le Conseil d'État rappelle que le juge des référés précontractuels ne dispose pas du pouvoir d'annuler la procédure de passation d'un marché public de défense et qu'un pouvoir adjudicateur ne peut retenir une méthode de notation ayant pour effet de neutraliser la portée des critères de sélection des offres," [PDF] published in Concurrences on May 24, 2017.
Article | May 24, 2017
Our 2016 Mid-Year E-Discovery Update reflects that the e-discovery landscape today generally looks much better than has in several years.
Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | March 7, 2017
On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations, and making other immigration-related policy changes.
Client Alert | February 10, 2017
Last Friday, February 3, 2017, President Trump took two executive actions relating to U.S. financial markets and institutions. First, the President issued an executive order titled "Core Principles for Regulating the United States Financial System." The Executive Order articulates "core principles" with respect to financial regulation and directs the Secretary of the Treasury to advise the President within 120 days of actions being taken to promote those principles and to identify legal requirements that are inconsistent with the principles.
Client Alert | February 6, 2017
On Monday, January 30, 2017, Gibson Dunn issued a client alert regarding President Trump's January 27 Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.
Client Alert | February 1, 2017
On January 30, 2017, President Trump signed an executive order entitled "Reducing Regulation and Controlling Regulatory Costs." As the title suggests, the order is intended to reduce the burden imposed by federal regulations and establish a cap on the costs that such regulations impose on the United States economy.
Client Alert | January 31, 2017
On January 27, 2017, President Trump issued an Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States."
Client Alert | January 30, 2017
In the wake of the 2016 U.S. presidential election, this alert discusses tools available to President-elect Trump to implement his campaign positions, as well as their likely efficacy and limits.
Client Alert | November 30, 2016
On October 27, 2016, the Federal Communications Commission ("FCC" or "Commission") voted to adopt sweeping new regulations to govern the ways in which providers of broadband Internet access service ("BIAS") can use and share their customers' proprietary information.
Client Alert | November 7, 2016
Los Angeles partner Jeffrey Dintzer and associate Joseph Ireland are the authors of "Confronting EPA’s Refusal To Consider Industry Costs" [PDF] published on October 31, 2016 by Law360.
Article | October 31, 2016
On October 11, 2016, the United States Court of Appeals for the D.C. Circuit issued a historic decision in PHH Corp. v. Consumer Financial Protection Bureau, holding that the structure of the Consumer Financial Protection Bureau (CFPB) is unconstitutional.
Client Alert | October 13, 2016
Los Angeles partners William Thomson and Kahn Scolnick, and associate Dylan Mefford are the authors of "Rule Of Law Trumps Rhetoric In Chevron’s 2nd Circ.
Article | August 19, 2016
Paris associate Gregory Marson is the author of chapter 24 of Dictionnaire des Régulations 2016, "Contrôle des concentrations économiques" [PDF] published by LexisNexis.
Article | June 1, 2016
Munich Partner Mark Zimmer is the author of “Keine Ausbeutung in der Lieferkette" [PDF], an article on the Modern Slavery Act and the implications for German corporates, published in the May 2016 of the German publication WiM – Wirtschaft in Mittelfranken.
Article | May 31, 2016
On May 25, 2016, the Third Circuit issued a decision in Prometheus Radio Project et al. v. FCC (Nos. 15-3863, 15-3864, 15-3865, 15-3866), that will have significant implications for the agency's future broadcast ownership reviews, the ownership rules themselves, and "the future of the nation's broadcast industry." Gibson Dunn lawyers Helgi Walker, Ashley Boizelle, and Lindsay See successfully represented the National Association of Broadcasters ("NAB"), and served as lead counsel for the broadcast industry group, in the appeal.
Client Alert | May 26, 2016
Orange County associate Jared Greenberg is the author of "Sensible Regulations Encourage Drone Use" [PDF} published on April 11, 2016 by The Daily Journal.
Article | April 11, 2016
Orange County associate Jared Greenberg is the author of "Commercial Drone Industry May Be Ready For Takeoff Soon" [PDF] published on February 18, 2016 by Law360.
Article | February 18, 2016
Dallas partner James C. Ho is the author of "Paxton Ruling on Fantasy Sports is Good for Texans" [PDF] published on January 26, 2016 by Austin American-Statesman, and "Let Texans Keep Daily Fantasy Sports" [PDF] published on January 12, 2016 by Dallas Morning News.
Article | January 26, 2016
Los Angeles partners Perlette Michèle Jura, William E. Thomson, associate Abbey Hudson and Washington, D.C. associate Christopher B. Leach are the authors of "Courts Make Doing Good Abroad Bad For Business At Home" [PDF] published on January 14, 2016 by Law360.
Article | January 14, 2016
Washington D.C. partner Michael Murphy and associate David Fotouhi are co-authors of "Do CERCLA Cost Recovery And Contribution Rights Overlap? " [PDF] published on August 7, 2015 by Law360.
Article | August 7, 2015
Brussels partner Peter Alexiadis is author of “Policy Options for a Revised EU Access and Interconnection Regime” [PDF] published in second quarter 2015 issue of Communications & Strategies.
Article | June 30, 2015
On the last day of its Term, the Supreme Court of the United States issued a decision that is likely to be an important precedent in litigation challenging agency rules that impose unreasonable costs.
Client Alert | June 29, 2015
Dallas partner James C. Ho and associate Prerak Shah are authors of "Immigration, alcohol and rule of law" [PDF] which appeared in the March 7, 2015 issue of the Austin American-Statesman.
Article | March 7, 2015
In a ceremony on October 8, 2014, Gibson Dunn was honored with the Legal Aid 2014 Pro Bono Publico Award for providing excellent legal services to low-income New Yorkers.
Today, the United States Court of Appeals for the District of Columbia Circuit issued a decision vacating the FCC's anti-discrimination and anti-blocking requirements for broadband providers.
Client Alert | January 14, 2014
On August 23, 2013, the Occupational Safety and Health Administration ("OSHA") proposed two rules meant to limit employees' exposure to respirable crystalline silica: a potentially harmful substance that is released into the air when workers cut silica-containing materials like concrete or rock, such as in hydraulic fracturing ("fracking") and in many other operations. Crystalline silica is abundant in workplaces across America.
Client Alert | August 28, 2013
Los Angeles partner Jeffrey Dintzer and associate Matthew Wickersham are the authors of “Calif. Fracking Litigation May Bring Economic Harm” [PDF] published by Law360 at www.law360.com on December 4, 2012.
Client Alert | December 4, 2012
Washington, D.C. partner Michael Bopp and associate DeLisa Lay are the authors of “The Availability of Common Law Privileges for Witnesses in Congressional Investigations” [PDF] published in the Summer 2012 issue of the Harvard Journal of Law & Public Policy.
Article | August 6, 2012
The United States Supreme Court ruled yesterday that pharmaceutical sales representatives are "outside sales" employees who are exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA").
Client Alert | June 19, 2012
Los Angeles partner Patrick Dennis and associate Christopher Nowlin are the authors of "Case Study: City Of Stockton V. BNSF Railway" [PDF] published by Law360 at www.law360.com on October 18, 2011.
Article | October 18, 2011
The White House Office of Information and Regulatory Affairs ("OIRA") has issued further guidance to federal agencies on how to conduct the review of existing regulations ordered by the President in January.
Client Alert | May 3, 2011
Printable PDFLast Tuesday, January 18, President Obama signed an Executive Order outlining several ways in which federal agencies should more closely scrutinize both existing regulations, and new rules under consideration. The Executive Order identifies several issues that parties should consider bringing to the attention of agency officials when participating in rulemakings. The Executive Order enumerates numerous substantive considerations that agencies should make in the rulemaking process. Agencies should, for example, base their conclusions on "the best available science," "take into account benefits and costs, both quantitative and qualitative," and "identify and use the best, most innovative, and least burdensome tools for achieving regulat
Client Alert | January 21, 2011
On November 20, 2009, the United States Court of Appeals for the Second Circuit issued a decision reversing summary judgment for a financial services firm in a wage and hour action filed under the Fair Labor Standards Act ("FLSA"). Whalen v. J.P.
Client Alert | December 9, 2009
Washington, D.C. partner John Sturc and associate John W.F. Chesley are the co-authors of "The FCPA and Analogous Foreign Anti-Bribery Laws--Overview, Recent Developments, and Acquisition Due Diligence" [link to PDF] published in the September 24, 2007 issue of Capital Markets Law Journal.
Client Alert | September 24, 2007