Client Alert - Gibson Dunn

Client Alert

IRS and Treasury Issue Notice 2024-41 Providing Additional Guidance on “Domestic Content” for ITC- and PTC-Eligible Projects

The Notice provides a new elective safe harbor that should reduce the practical difficulties that taxpayers face in seeking to demonstrate that their clean energy projects are eligible for the Domestic Content Bonus Credit by reducing the circumstances when taxpayers will be forced to engage in cumbersome or impractical substantiation of third-party costs.

May 20, 2024

Derivatives, Legislative and Regulatory Weekly Update (May 17, 2024)

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

May 17, 2024

Supreme Court Holds That The Federal Arbitration Act Requires Courts To Stay Cases That Are Subject To Arbitration

Today, the Supreme Court held unanimously that the Federal Arbitration Act requires courts to stay, rather than dismiss, lawsuits in which all claims are subject to arbitration.

May 16, 2024

Supreme Court Holds CFPB’s Funding Structure Constitutional

Today, the Supreme Court held 7-2 that the Consumer Financial Protection Bureau’s funding structure—which allows the agency to draw money from the Federal Reserve—does not violate the Constitution’s Appropriations Clause.

May 16, 2024

U.S. Supreme Court Round-Up (May 2024)

Gibson Dunn’s U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 Term, a preview of cases set to be argued next Term, and highlights other key developments on the Court’s docket.

May 15, 2024

SEC Action Highlights Risks for Investment Advisers Sharing Legal Expenses with Fund Clients

This action highlights the need for investment advisers to exercise caution when contemplating any situation in which legal fees will be shared with clients.

May 13, 2024

Proposed Regulations and Recent GAO Report Signal Increased CFIUS Enforcement and Reliance on Mitigation Agreements

A recent proposed rule from the U.S. Department of the Treasury aims to enhance CFIUS’s ability to request information from parties, increase potential penalty amounts, and expedite mitigation agreement negotiations. Similarly, a new GAO study reveals CFIUS’s enforcement priorities and increasing reliance on mitigation agreements to address national security concerns.

May 10, 2024

Derivatives, Legislative and Regulatory Weekly Update (May 10, 2024)

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

May 10, 2024

Federal Circuit Update (April 2024)

This edition of Gibson Dunn’s Federal Circuit Update for April 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning patent eligibility under 35 U.S.C. § 101, obviousness, and unenforceability due to inequitable conduct and unclean hands.

May 10, 2024

Colorado’s Mile High AI Act: 6 Key Takeaways

If SB 205 is signed into law, it would go into effect on February 1, 2026, and Colorado would become the first state to enact legislation regulating the development and deployment of high-risk AI systems generally.

May 10, 2024

Delaware Court of Chancery Opines on the Meaning of “Commercially Reasonable Efforts” in a Pharmaceutical Earn-Out Provision

Observations and drafting suggestions for CRE terms in merger agreements, licenses, and royalty purchase agreements.

May 9, 2024

Supreme Court Holds That Copyright Act Has No Time Limit For Damages But Declines To Decide When Infringement Claims Are Timely

Today, the Supreme Court held 6-3 that a copyright plaintiff can recover damages for any timely claim of infringement, even if the infringement occurred more than three years before the suit’s filing.

May 9, 2024

Gibson Dunn Environmental, Social and Governance Update (April 2024)

We are pleased to provide you with Gibson Dunn’s ESG update covering the following key developments during April 2024.

May 9, 2024

FDA’s Final Rule on Laboratory-Developed Tests: Four Key Takeaways

The U.S. Food and Drug Administration's highly anticipated final rule on laboratory-developed tests was officially published in the Federal Register on Monday, May 6, 2024.

May 8, 2024

DEI Task Force Update (May 8, 2024)

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

May 8, 2024

UK Public Company Takeovers Regime: Proposed Changes to Companies in Scope – What UK Companies, Their Shareholders & Bidders Need to Know

This update summarises the proposed scoping changes, the transitional arrangements and the implications for Excluded Companies and their shareholders and other parties considering a transaction involving an Excluded Company.

May 8, 2024

California Supreme Court Holds That Employers Have A Good-Faith Defense To Statutory Penalties For Wage-Statement Violations

The California Supreme Court held today that an employer is not subject to statutory penalties for providing incomplete or inaccurate wage statements if it reasonably and in good faith believed the statements were accurate.

May 6, 2024

Important Updates on Spin-Offs and Debt Exchanges: Revenue Procedure 2024-24 and Notice 2024-38

Our lawyers review the U.S. Internal Revenue Service and Treasury Department’s updated guidelines on spin-offs and debt exchanges.

May 6, 2024

First Quarter 2024 Update on Class Actions

Our most recent Class Actions Update provides an overview of key class action-related developments during the first quarter of 2024.

May 6, 2024

EU Enhances Protection of the Environment Through Criminal Law

The Directive extends the list of criminal offenses to the environment on EU level. EU Member States have two years to transpose the directive into national law after the its entry into force on May 20, 2024.

May 2, 2024