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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Changes in Hong Kong SFC Requirements for “Overall Coordinator” Role Raise Sanctions-Related Questions for Financial Institutions Serving in That Capacity

Following a three-month consultation period, the Securities and Futures Commission’s Code of Conduct provision, paragraph 21, has come into effect on August 5, 2022.

Client Alert | August 31, 2022

United States: Enforcement of Judgments in Civil and Commercial Matters

Los Angeles partner Perlette Jura and of counsel Miguel Loza Jr. are the authors of "United States: Enforcement of Judgments in Civil and Commercial Matters," published by The Legal 500 in August 2022.

Article | August 31, 2022

Senators’ Call for Increased DOJ Use of Suspension and Debarment Could Impact False Claims Act Investigations and Resolutions

In an August 11, 2022 letter to the Department of Justice, Senators Elizabeth Warren (D-Mass) and Ben Ray Lujan (D-N.M.) signaled renewed congressional interest in the Government’s right to suspend or debar government contractors and federal financial assistance recipients from obtaining new business, and pressed for DOJ to boost its use of this administrative remedy in connection with its prosecution of criminal or fraud cases.

Client Alert | August 31, 2022

SEC Releases Final Pay Versus Performance Rules

On August 25, 2022, the Securities and Exchange Commission, in a 3-to-2 vote, adopted final rules implementing the pay versus performance disclosure requirement called for under Section 953(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Client Alert | August 29, 2022

Proposed Foreign Subsidy Regulation Has Political Overtones

Brussels partner Lena Sandberg and associate Yannis Ioannidis, "Proposed Foreign Subsidy Regulation Has Political Overtones," published by Law360 on August 23, 2022.

Article | August 25, 2022

Class Actions to Reshape the Litigation Landscape in Europe in 2023

This client alert discusses a wave of class action legislation that will likely be seen towards the end of 2022. Many member states of the European Union will have to either devise new class action regimes or amend their existing provisions on collective redress.

Client Alert | August 23, 2022

How I Owned My Power As An Asian American Woman In Law

Los Angeles partner Debra Wong Yang is the author of "How I Owned My Power As An Asian American Woman In Law," published by Law360 on August 22, 2022.

Article | August 22, 2022

California Supreme Court Holds That Seller’s Promotional Statements About Controversial Album Are Commercial Speech Not Subject To Full First Amendment Protection

The California Supreme Court held yesterday that a seller’s promotional statements about an artistic work of interest to the public amounted to commercial speech, regardless of whether the seller knew of the statements’ falsity.

Client Alert | August 19, 2022

FTC Launches Commercial Surveillance Rulemaking

Washington, D.C. partner Svetlana Gans and Denver associate Natalie Hausknecht are the authors of "FTC Launches Commercial Surveillance Rulemaking," published by Truth on the Market on August 17, 2022. 

Article | August 17, 2022

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

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

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

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

The FTC Heads for Legal Trouble

Washington, D.C. partners Svetlana Gans and Eugene Scalia are the authors of “The FTC Heads for Legal Trouble,” published by The Wall Street Journal on August 8, 2022.

Article | August 8, 2022