Administrative Law and Regulatory Practice

100 Search Results

The Corporate Transparency Act Declared Unconstitutional: What It Means for You

On March 1, 2024, a federal district court in Alabama ruled that the Corporate Transparency Act is unconstitutional.

Client Alert | March 18, 2024

SEC Adopts Sweeping New Climate Disclosure Requirements for Public Companies

An Overview of the Highlights and Key Differences to the Proposed Rules

Client Alert | March 8, 2024

Former White House Counsel Stuart Delery Rejoins Gibson Dunn in Washington, D.C.

Gibson, Dunn & Crutcher LLP is pleased to announce that Stuart Delery has rejoined the firm’s Washington, D.C. office, where he will serve as partner and Co-Chair of the firm’s Crisis Management Practice Group and its Administrative Law and Regulatory Practice Group.

Press Releases | February 5, 2024

Department of Labor Releases Final Rule Revising Its Interpretation of Who Qualifies as an Independent Contractor Under the FLSA

The U.S. Department of Labor has released a final rule revising its interpretation of who qualifies as an independent contractor under the Fair Labor Standards Act (FLSA).

Client Alert | January 9, 2024

Department of Labor Initiates Rulemaking to Increase Compensation Thresholds for Minimum Wage and Overtime Exemptions

On August 30, 2023, the U.S. Department of Labor issued a proposed rule to revise its regulations implementing minimum wage and overtime exemptions for executive, administrative, and professional employees, among others, under the Fair Labor Standards Act.

Client Alert | September 1, 2023

Federal Banking Agencies Issue Basel III Endgame Package of Reforms

On July 27, 2023, the federal banking agencies jointly issued the long-expected notice of proposed rulemaking that would replace the federal banking agencies’ risk-based capital framework for large banking organizations with a new framework—commonly referred to as the Basel III endgame reforms—that would implement international capital standards issued by the Basel Committee on Banking Supervision.

Client Alert | August 3, 2023

Supreme Court Holds Biden Administration’s Mass Student Loan-Cancellation Program Unlawful

The Supreme Court held 6-3 that the HEROES Act does not authorize the Secretary of Education to cancel hundreds of billions of dollars in student loan balances.

Client Alert | June 30, 2023

Akiva Shapiro Receives Pursuit of Justice Award

New York partner Akiva Shapiro was honored at The American Association of Jewish Lawyers and Jurists’ 2023 Pursuit of Justice Awards, which recognizes “America’s top jurists” who “exemplify ‘Tzedek, tzedek tirdof,’ ‘Justice, justice shall you pursue.’”

Firm News | May 15, 2023

President Biden Issues Executive Order Making Important Changes to How Agencies Weigh the Costs and Benefits of Regulatory Actions

Gibson Dunn lawyers discuss an executive order signed by President Biden that makes a number of significant changes to the process by which the White House Office of Information and Regulatory Affairs reviews significant regulatory measures.

Client Alert | April 25, 2023

FSOC Proposes Overhauling Its Standards for Designating Nonbank Companies as Systemically Important

Our lawyers review changes proposed by the Financial Stability Oversight Council on how it would designate nonbank financial companies as systemically important financial institutions.

Client Alert | April 25, 2023

Supreme Court Holds That Federal District Courts Have Jurisdiction To Hear Structural Challenges To FTC And SEC

The U.S. Supreme Court held today in two related cases that federal district courts have jurisdiction to resolve constitutional challenges to the structure or existence of the Federal Trade Commission and the Securities and Exchange Commission.

Client Alert | April 14, 2023

FTC’s Latest Proposed Rulemaking Would Impose Significant New Requirements and Risks on Sellers Using Negative Option Offers

The Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) to significantly expand legal requirements for sellers that use negative option offers.

Client Alert | April 12, 2023

Gas Stoves: Developing Regulatory and Litigation Actions

Thirty-eight percent of American homes use gas stoves, and so stove manufacturers, retailers and the fossil fuel industry could be significantly affected by any regulatory restrictions following Department of Energy proposals and Consumer Product Safety Commission investigations. Here, our partners give an overview of the current regulatory landscape and potential litigation.

Client Alert | March 29, 2023

In Fair Labor Standards Act Case, Supreme Court Holds That Employees Paid A Daily Rate Are Not Compensated On A “Salary Basis”

The U.S. Supreme Court ruled that a highly compensated executive employee who is paid at a daily rate is not paid on a “salary basis” and thus is not exempt from the Fair Labor Standards Act.

Client Alert | February 22, 2023

Webcast: Article 78 Challenges to Government Action in New York: Strategic Considerations and Pitfalls

In this one-hour webcast, three of our most experienced attorneys in the field of challenging government action in New York provide practical and strategic guidance for the successful prosecution of Article 78 actions.

Webcasts | January 10, 2023

New INFORM Consumers Act Imposes Seller Diligence and Disclosure Requirements for Online Marketplaces

Gibson Dunn lawyers review the new INFORM Consumers Act and how it will impact online marketplaces.

Client Alert | January 5, 2023

FTC Proposes Rule to Ban Non-Compete Clauses

Our lawyers review a proposal by the Federal Trade Commission that would ban employers from entering into non-compete clauses with workers.

Client Alert | January 5, 2023

Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers

Washingtonian magazine named seven Washington, D.C. partners to its 2022 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas.

Firm News | January 3, 2023

Lessons From Justices’ Evolving Approach To COVID Rulings

New York partner Akiva Shapiro and of counsel William Moccia are the authors of "Lessons From Justices' Evolving Approach To COVID Rulings" published by Law360 on November 28, 2022. 

Article | November 28, 2022

Gibson Dunn Appoints Akiva Shapiro as the Chair of the New York Administrative Law and Regulatory Practice Group

Gibson, Dunn & Crutcher LLP is pleased to announce that Akiva Shapiro has been appointed Chair of Gibson Dunn’s New York Administrative Law and Regulatory Practice Group.

Press Releases | November 17, 2022

Proposed Amendment to Federal Acquisition Regulation Would Require Contractors to Disclose Greenhouse Gas Emissions, Emissions Reduction Targets, and Climate-Based Financial Risks

Gibson Dunn lawyers provide context to recent proposed climate-focused rule changes that would impact certain Federal contractors.

Client Alert | November 15, 2022

Department of Labor Initiates Rulemaking to Revise Its Interpretation of Who Qualifies as an Independent Contractor Under the FLSA

Gibson Dunn lawyers review a proposed rule issued on October 11 by the U.S. Department of Labor regarding who is an “independent contractor” under the Fair Labor Standards Act.

Client Alert | October 11, 2022

Labor Department Proposes “QPAM” Changes

Our lawyers discuss a proposed rule by the Employee Benefits Security Administration of the U.S. Department of Labor that would amend a longstanding regulation governing financial institutions acting as qualified professional asset managers.

Client Alert | July 26, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Best Lawyers in France 2023 Recognizes 18 Gibson Dunn Attorneys

Best Lawyers and Best Lawyers: Ones to Watch in France 2023 have recognized 18 Gibson Dunn attorneys, and 16 Gibson Dunn attorneys have been recognized as leading lawyers in their respective practice areas.

Firm News | June 23, 2022

The FTC at Full Strength: What to Expect Next

The addition of Commissioner Alvaro Bedoya establishes the first Democratic majority at the FTC since Commissioner Rohit Chopra left the agency. This alert addresses key issues that may see more activity in light of the new Democratic majority.

Client Alert | May 16, 2022

CFPB Invokes Dormant Dodd-Frank Authority to Regulate Nonbank Financial Companies

On April 25, 2022, the Consumer Financial Protection Bureau announced that it will begin relying upon a “largely unused legal provision” of the Dodd-Frank Act to supervise nonbank financial companies that purportedly pose risks to consumers.

Client Alert | May 5, 2022

Employers Beware: Aggressive and Expansive Labor-Focused Antitrust Enforcement Will Remain The New Normal

In the past year, the U.S. Federal Trade Commission (“FTC”) and Department of Justice’s Antitrust Division (“DOJ”) have put antitrust enforcement in the employment context at center stage.

Client Alert | April 18, 2022

The Biden Administration’s Digital Assets Executive Order and Its Implications

On March 9, 2022, President Biden signed a long-awaited Executive Order regarding the U.S. government’s strategy for digital assets. Our lawyers review the three principal takeaways from the Executive Order.

Client Alert | March 10, 2022

The Impact of Agency Commissioners’ Dissents

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

New York City Enacts Law Restricting Use of Artificial Intelligence in Employment Decisions

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

Infrastructure Bill’s New Reporting Requirements May Have Sweeping Implications for Cryptocurrency Ecosystem

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

EEOC Expands Guidance on Religious Exemptions to Vaccine Mandates Under Title VII

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

White House Task Force Announces New COVID Safety Protocols for Federal Contractors

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

President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

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

President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

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

Supreme Court Holds Federal Housing Finance Agency’s Structure Unconstitutional; Remands For Further Proceedings On Appropriate Remedy

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

Supreme Court Holds That Anti-Injunction Act Does Not Bar Pre-Enforcement Challenges To Reporting Mandates Backed By Both Tax Penalties And Criminal Punishment

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

Helgi Walker Named to the 2021 Lawdragon Legends of The 500

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

Supreme Court Holds That FCC Permissibly Relaxed Media Ownership Limits

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

Former U.S. Secretary of Labor Eugene Scalia Returns to Gibson Dunn

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

Department of Health and Human Services Delays Effective Date of Final Rule Limiting Retrospective Manufacturer Rebates on Medicare Part D Prescription Drug Prices

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

Biden Administration Issues Rulemaking Freeze and New Orders Governing the Regulatory Process

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 Ranked in the 2021 UK Legal 500

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

Aggressive SEC Enforcement Actions Could Limit Small Business Recovery Resources

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

Department of Justice Report Highlights Proposals by Gibson Dunn’s Helgi Walker to Modernize the Administrative Procedure Act

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

Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional

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 Recognizes 17 Gibson Dunn Attorneys

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

President Trump Issues Executive Order on Regulatory Relief to Support Economic Recovery

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

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)

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