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.

Select a Topic:
Select a Practice:
Select an Office:
Northern District of Texas Preliminarily Enjoins the Federal Trade Commission’s Non-Compete Rule

On July 3, 2024, the United States District Court for the Northern District of Texas concluded that the Federal Trade Commission’s Non-Compete Rule, which would retroactively invalidate over 30 million employment contracts and preempt the laws of 46 states, exceeds the FTC’s statutory authority and is arbitrary and capricious in violation of the Administrative Procedure Act. 

Client Alert | July 5, 2024

Derivatives, Legislative and Regulatory Weekly Update (July 5, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

Client Alert | July 5, 2024

The Long Arm of EU Sanctions? Latest EU Sanctions on Russia and Belarus Extend to Non-EU Subsidiaries and Introduce Mandatory Risk Assessment

Many multinational companies based in or operating in the European Union will need to restructure their sanctions compliance programs to avoid potential sanctions violations and enforcement risks going forward.

Client Alert | July 3, 2024

DEI Task Force Update (July 3, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

Client Alert | July 3, 2024

IRS and Treasury Issue Final Regulations on Prevailing Wage and Apprenticeship Requirements under the IRA

The IRS and Treasury published final Treasury regulations (the “Final Regulations”) on the prevailing wage and apprenticeship requirements (the “PWA Requirements”) that taxpayers must satisfy to receive the full amount of certain tax credits provided for in the Inflation Reduction Act of 2022 (the “IRA”).

Client Alert | July 2, 2024

Fifth Circuit Finds SEC’s “About-Face” On Proxy-Firm Disclosure Rule Arbitrary And Capricious

A unanimous Fifth Circuit panel vacated the SEC’s 2022 rescission of its 2020 proxy firm disclosure rule because the SEC failed to explain why the factual findings that supported the 2020 Rule were incorrect.

Client Alert | July 1, 2024

Supreme Court Holds That Six-Year Limitations Period For Administrative Procedure Act Claims Runs From The Plaintiff’s Injury, Not The Rule’s Promulgation

Today, the Supreme Court held 6–3 that the six-year clock to bring a claim under the Administrative Procedure Act starts when an agency rule injures the plaintiff, not when the agency issues the rule.

Client Alert | July 1, 2024

Environmental Groups Challenge Louisiana’s Primacy Over Class VI Wells

The groups are seeking a total reversal of the EPA’s decision to grant Louisiana primacy over Class VI wells.

Client Alert | June 28, 2024

Derivatives, Legislative and Regulatory Weekly Update (June 28, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

Client Alert | June 28, 2024

Supreme Court Limits Scope Of Sarbanes-Oxley’s Prohibition On Obstructing Official Proceedings

The Supreme Court held 6-3 that Section 1512(c) of the Sarbanes-Oxley Act—which prohibits obstructing official proceedings—is limited to acts that impair the availability or integrity of evidence in an official proceeding.

Client Alert | June 28, 2024

Supreme Court Holds That The Eighth Amendment Does Not Prevent Enforcement Of Camping Regulations On Public Property

The Supreme Court held 6–3 that the constitutional prohibition on “cruel and unusual punishments” does not forbid low-level fines and jail terms for camping on public property.

Client Alert | June 28, 2024

Supreme Court Overrules Chevron, Sharply Limiting Judicial Deference To Agencies’ Statutory Interpretation

The Supreme Court overruled Chevron v. Natural Resources Defense Council, a landmark decision that had required courts to defer to agencies’ reasonable interpretations of ambiguous statutory terms.

Client Alert | June 28, 2024

Supreme Court Grants Stay Suspending EPA’s “Good Neighbor” Emissions-Regulation Plan

In a case that further highlights the significance of the Court’s emergency docket for challenging agency rules, the Supreme Court (5-4) granted Ohio and several other applicants a stay that suspends the EPA’s “Good Neighbor” plan regulating some states’ emissions.

Client Alert | June 27, 2024

Supreme Court Holds The Seventh Amendment Entitles A Defendant To A Jury Trial When The SEC Seeks Civil Penalties For Securities Fraud

The Supreme Court held 6-3 that the Seventh Amendment to the United States Constitution requires the SEC to sue in federal court, not in the agency’s in-house court, when the SEC seeks civil penalties for fraud.

Client Alert | June 27, 2024

Potential Reform of the California Labor Code Private Attorneys General Act (PAGA)

This proposed legislation, if enacted, would constitute the most significant modification of PAGA since it was enacted two decades ago, and would provide employers with significant new options when facing claims brought under PAGA.

Client Alert | June 26, 2024

Supreme Court Holds That Federal Bribery Law Applies Only To Quid Pro Quo Exchanges And Does Not Extend To After-the-Fact “Gratuities”

The Supreme Court held 6-3 that a federal bribery statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize after-the-fact “gratuities” paid to state or local government officials in recognition for official acts, where there was no quid pro quo agreement to take those acts.

Client Alert | June 26, 2024

Sanctions Considerations for Non-Governmental Organisations

Adam Smith, David Wolber, Dharak Bhavsar and Anna Searcey are the authors of "Sanctions Considerations for Non-Governmental Organisations" [PDF] published by Global Investigations Review on June 20, 2024. 

Article | June 26, 2024

U.S. Outbound Investment Regime Nears Reality as U.S. Department of Treasury Solicits Public Comment on Proposed Rule

The proposed rule would significantly curtail U.S. investments in the People’s Republic of China, Hong Kong, and Macau used to advance the development and production of semiconductors and microelectronics, quantum information technologies, and artificial intelligence systems.

Client Alert | June 25, 2024

Gibson Dunn Digital Assets Recent Updates – June 2024

Our digital assets update covers recent legal news regarding all types of digital assets, including cryptocurrencies, stablecoins, CBDCs, and NFTs, as well as other blockchain and Web3 technologies.

Client Alert | June 24, 2024

New BIS Export Controls Target Russian and Belarusian Industrial Sectors & Technology Infrastructure, and Crack Down on Diversion

This update highlights the principal changes announced in the BIS rule and discusses how these expanded export control measures coordinate with and complement additional sanctions targeting Russia announced by OFAC on the same day.

Client Alert | June 24, 2024