Publications - Gibson Dunn


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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Prior Approval Provisions in FTC Merger Consent Orders

In this alert, we discuss the Federal Trade Commission’s recent reinstatement of a long dormant policy restricting certain future acquisitions by parties that hereafter enter into an FTC consent order.

Client Alert | April 28, 2022

First Quarter 2022 Update on Class Actions

This update provides an overview of key class-action-related developments during the first quarter of 2022 (January through March).

Client Alert | April 28, 2022

Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance

Today, the Supreme Court held 6-3 that emotional-distress damages are not available in discrimination actions against recipients of federal financial assistance.

Client Alert | April 28, 2022

Webcast: Joint Venture Governance: Best Practices for JV Board Directors and Dealmakers

Prospective joint venture partners frequently spend many hours discussing governance matters because they understand strong governance can be a key to venture success. In this recorded webcast, experts from Gibson Dunn and Ankura Consulting talk about designing an effective joint venture governance system.

Webcasts | April 27, 2022

Courts Continue to Debate the Legal Status of Reposted Social Media Content

Washington, D.C. partner Howard S. Hogan and New York associate Connor S. Sullivan are the authors of "Courts Continue to Debate the Legal Status of Reposted Social Media Content," published by The National Law Journal on April 22, 2022.

Article | April 26, 2022

Starting on May 7, 2022, New York Requires Electronic Monitoring Notices to Employees

On November 8, 2021 New York Governor Kathy Hochul signed an amendment to the New York Civil Rights Law which requires employers provide notice to employees of electronic monitoring of telephone, email, and internet access and usage. The law is scheduled to go into effect on May 7, 2022.

Client Alert | April 26, 2022

Proactive Management of Antitrust Risk Amidst the Q1 M&A Slowdown

Our lawyers discuss the dip in global M&A in Q1 2022 and how the current regulatory climate around antitrust issues presents a challenge for deal makers.

Client Alert | April 22, 2022

Supreme Court Holds That Regulation Applying Different Rules To Off-Premises Advertisements Is Content Neutral

Today, the Supreme Court held that a regulation treating on-premises signs—those that contain advertisements for the place where the signs are located—differently from off-premises signs is content neutral and therefore not subject to strict scrutiny under the First Amendment.

Client Alert | April 21, 2022

Webcast: Understanding the SEC Rule Proposal on Climate Change Disclosure

In March 2022, the Securities and Exchange Commission approved a rule proposal for new climate change disclosure requirements for both U.S. public companies and foreign private issuers. In this webcast, a panel of Gibson Dunn lawyers provides an overview of the proposed requirements and discuss the key takeaways and the impact the proposal, if adopted, would have on public companies.

Webcasts | April 21, 2022

Supreme Court Holds That Late Petitions For Review Of IRS Collection Due Process Determinations Are Subject To Equitable Tolling

Today, the Supreme Court unanimously held that the Internal Revenue Code’s 30-day deadline for taxpayers to seek Tax Court review of “collection due process” determinations is a nonjurisdictional claims-processing rule that is subject to equitable tolling.

Client Alert | April 21, 2022

New Sustainability Measures for the Textiles Sector

In March 2022, amidst an array of new proposals for sustainable products (including a proposed draft Regulation on Ecodesign for Sustainable Products) the European Commission announced an EU Strategy for Circular and Sustainable Textiles. This article explores the details of the strategy.

Client Alert | April 20, 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

Summary of and Considerations Regarding the SEC’s Proposed Rules on Climate Change Disclosure

This client alert provides an overview of, and our current perspectives on, the SEC’s recently proposed rules that would establish a new climate change reporting framework for U.S. public companies and foreign private issuers as well as practical recommendations on what companies should be doing now.

Client Alert | April 15, 2022

The FTC’s Foray Into Worker Classification Is Misguided and Unlawful

Los Angeles partner Michael Holecek and Washington, D.C. associates Andrew Kilberg and Logan Billman are the authors of "The FTC’s Foray Into Worker Classification Is Misguided and Unlawful" published by The National Law Journal on April 12, 2022.

Article | April 14, 2022

OFCCP Guidance on Privilege Assertions Over Pay Equity Audit Materials

Since President Biden took office in January 2021, employers’ compensation and nondiscrimination practices have been under increasing scrutiny by the federal government. 

Client Alert | April 12, 2022

U.S. Department of Justice and Federal Trade Commission Host Antitrust Enforcers Summit

On April 4, 2022, the U.S. Federal Trade Commission and U.S. Department of Justice hosted international and state antitrust enforcers for panel discussions on current and emerging enforcement trends.

Client Alert | April 12, 2022

Hong Kong SFC Publishes Circular to Licensed Corporations on Handling of Client Complaints

On 31 March 2022, the Hong Kong Securities and Futures Commission released a new circular to licensed corporations on the handling of client complaints, alongside an Appendix setting out the SFC’s expected regulatory standards and suggested techniques and procedures for handling client complaints.

Client Alert | April 11, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

SEC Proposes Rules to Align SPACs More Closely with IPOs

On March 30, 2022, the U.S. Securities and Exchange Commission, by a three-to-one vote, issued a press release announcing proposed new rules intended to enhance disclosure and investor protections in initial public offerings by special purpose acquisition companies and in subsequent business combinations between SPACs and private operating companies.

Client Alert | April 6, 2022

Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung

Munich partner Mark Zimmer and associate Katharina Heinrich are the authors of “Anreize ohne Aktien – Virtuelle Mitarbeiterbeteiligung” published in the April 2022 issue of the German publication Arbeit und Arbeitsrecht (AuA).

Article | April 6, 2022