Publications - Gibson Dunn

Publications

Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.

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Hong Kong Court of Final Appeal Confirms That Directors Are Not Liable for Penalty Tax for Signing Incorrect Company Tax Return

The Court of Final Appeal has recently confirmed that a director is not liable to penalty, by way of additional tax, arising from an incorrect tax return filed by the company which he/she has signed and declared to be correct, on the basis that he/she should not be regarded having made the company’s incorrect tax return.

Client Alert | August 17, 2022

The Inflation Reduction Act Includes Significant Benefits for the Carbon Capture Industry

Carbon capture, utilization, and sequestration projects around the United States received a significant boost from the Inflation Reduction Act of 2022. The IRA, which President Biden recently signed into law, includes approximately $369 billion in incentives for clean energy and climate-related program spending, including CCUS projects.

Client Alert | August 16, 2022

Anti-Kickback Circuit Split Holds Implications For Defendants

Denver partner John Partridge, Washington, D.C. Jonathan Phillips, and associate Allison Chapin are the authors of "Anti-Kickback Circuit Split Holds Implications For Defendants" published by Law360 on August 11, 2022. 

Article | August 12, 2022

CFIUS Annual Report for CY 2021: Top Takeaways

The Committee on Foreign Investment in the United States released its annual report covering calendar year 2021. This report represents the first full calendar year in which the Committee operated pursuant to the new regulations implemented in 2020 under the Foreign Investment Risk Review Modernization Act of 2018.

Client Alert | August 12, 2022

2022 Mid-Year Securities Enforcement Update

Our 2021 Year-End Review, noted the Division of Enforcement under this Administration had outlined its vision of aggressive, heightened enforcement through an escalation of existing remedies. The first half of 2022 reflected the Enforcement Division pursuing the playbook as forecasted.

Client Alert | August 11, 2022

Germany Lifted Its Foreign Discovery Ban, But Hurdles Persist

Frankfurt partner Finn Zeidler, associate Annekathrin Schmoll and law clerk Vanessa Ludwig are the authors of "Germany Lifted Its Foreign Discovery Ban, But Hurdles Persist," published by Law360 on August 10, 2022.

Article | August 11, 2022

Energy Industry Reacts to SEC Proposed Rules on Climate Change

Gibson Dunn has surveyed the comment letters submitted by public and private energy companies and related industry associations regarding the proposed rules by the Securities and Exchange Commission on climate change disclosure requirements for U.S. public companies and foreign private issuers.

Client Alert | August 10, 2022

Artificial Intelligence and Automated Systems Legal Update (2Q22)

The second quarter of 2022 saw U.S. federal lawmakers and agencies focus on draft legislation and guidance aimed at closing the gap to the EU with respect to addressing risks in the development and use of AI systems, in particular risks related to algorithmic bias and discrimination.  The American Data Privacy and Protection Act, the bipartisan federal privacy bill introduced to the U.S. House in June 2022, marks a major step towards a comprehensive national privacy framework, and companies should take particular note of its inclusion of mandated algorithmic impact assessments.

Client Alert | August 10, 2022

Update: Senate Passes Revised Version of Inflation Reduction Act of 2022; Carried Interest Changes Omitted and Tax on Corporate Stock Buybacks Added

On August 7, 2022, the Senate voted 51-50 to pass the Inflation Reduction Act of 2022, which broadly addresses climate change, taxes, health care, and inflation. The action sends the measure to the House of Representatives for a vote as early as Friday of this week. 

Client Alert | August 10, 2022

Annual Activism Update – 2021

This Client Alert provides an update on shareholder activism activity involving NYSE- and Nasdaq-listed companies with equity market capitalizations in excess of $1 billion and below $100 billion (as of the last date of trading in 2021) during 2021.

Client Alert | August 9, 2022

New York State Department of Financial Services Meaningfully Rachets Up Cyber Requirements with New Draft Amendments

On July 29, 2022, the New York Department of Financial Services released Draft Amendments to its Part 500 Cybersecurity Rules; the Draft Amendments would update the Cybersecurity Rules in a manner consistent with the “catalytic” role it took in 2017 as the first state to codify certain cybersecurity best practices and guidance into explicit regulatory requirements for covered entities. 

Client Alert | August 8, 2022

Appeals 2022: United Kingdom

London partners Doug Watson and Patrick Doris and associate Ronit Wineman are the authors of the "United Kingdom" chapter in the 2022 Appeals guide published by Lexology Getting the Deal Through. 

Article | August 4, 2022

Congress Should Codify Same-Sex Marriage

Washington, D.C. partner Theodore Olson, along with Kenneth Mehlman, are the co-authors of "Congress Should Codify Same-Sex Marriage," published by The Wall Street Journal on July 26, 2022. 

Article | August 4, 2022

Settlement Agreement with U.S. Department of Justice Demonstrates the Risks Associated with Third-Party Information Sharing

On July 25, 2022, the U.S. Department of Justice entered into an $84.8 million settlement agreement with several poultry processing companies over allegations that the poultry processors conspired with one another to share wage and benefits information through third-party data aggregation firms.

Client Alert | August 1, 2022

Inflation Reduction Act of 2022 Would Modify the Tax Treatment of Carried Interests, Include a Corporate Minimum Tax, and Expand Clean Energy Tax Incentives

On July 27, 2022, Senator Joe Manchin (D-West Virginia) and Senator Majority Leader Chuck Schumer (D-New York) announced an agreement on a reconciliation package entitled the Inflation Reduction Act of 2022 to address climate change, taxes, health care, and inflation.

Client Alert | July 29, 2022

Second Quarter 2022 Update on Class Actions

This update provides an overview of key class action-related developments during the second quarter of 2022 (April through June).

Client Alert | July 28, 2022

Enhanced antitrust enforcement extends to scrutiny of interlocking directorates

Washington, D.C. partner Cynthia Richman is the author of "Enhanced antitrust enforcement extends to scrutiny of interlocking directorates," published by Financier Worldwide in its August 2022 issue.

Article | July 27, 2022

Corporate Tax 2022: United Kingdom

London partner Sandy Bhogal and associates Bridget English and William Inchbald are the authors of the "United Kingdom" chapter in GLI - Corporate Tax 2022, published by Global Legal Group in July 2022. 

Article | July 27, 2022

Webcast: Is Antitrust Becoming HR’s Biggest Headache?

Is antitrust becoming HR’s biggest headache? This panel provides insights from the trenches with a particular focus on pitfalls to avoid.

Webcasts | July 26, 2022

SEC Files First Insider Trading Action Alleging Crypto Assets Are Securities

On July 21, 2022, the Securities and Exchange Commission filed an insider trading case alleging for the first time that an employee’s alleged tipping of material nonpublic information for purposes of trading crypto assets constitutes securities fraud.

Client Alert | July 26, 2022