Client Alert - Gibson Dunn

Client Alert

New IRS Guidance on Acceptance of Advance Pricing Agreement (APA) Submissions and Increased Pre-Submission Review

Our lawyers discuss new internal procedures for handling requests for Advance Pricing Agreements introduced by the IRS’s Treaty and Transfer Pricing Operations director.

May 25, 2023

Supreme Court Adopts “Continuous Surface Connection” Test For Whether Wetlands Are Covered By The Clean Water Act

The U.S. Supreme Court has held that the Clean Water Act covers only those wetlands with a continuous surface connection to other covered waters.

May 25, 2023

Keeping Up with the EEOC: AI Focus Heats Up with Title VII Guidance

Gibson Dunn lawyers discuss the U.S. Equal Employment Opportunity Commission’s guidance on ensuring that automated employment decision-making systems and Artificial Intelligence tools do not cause bias or discrimination against certain applicants or current employees.

May 23, 2023

California Supreme Court Holds That Whistleblower Statute Protects Employees Who Disclose Illegal Conduct Already Known To The Recipient

The California Supreme Court held that Labor Code section 1102.5(b), which protects an employee from retaliation for disclosing unlawful activity to an employer or government agency, encompasses reports of information already known to the recipient.

May 22, 2023

Federal Infrastructure Permitting Reform Update – Senate Environment and Public Works Committee: “We Need to Finish the Job” on Infrastructure

Members of Gibson Dunn's Public Policy Practice Group analyze a recent U.S. Senate Environment and Public Works Committee hearing involving potential changes in infrastructure permitting and environmental authorization laws.

May 19, 2023

Federal Policymakers’ Recent Actions Seek to Regulate AI

Gibson Dunn lawyers review efforts by U.S. lawmakers to regulate the use of artificial intelligence in a variety of settings.

May 19, 2023

Supreme Court Rejects Antibody Drug Patent, Clarifies Patent “Enablement” Requirement

Our lawyers review a U.S. Supreme Court ruling rejecting drug patents and clarifying the Patent Act’s enablement requirement.

May 18, 2023

Supreme Court Holds New Meaning Alone Is Not Sufficient For The Fair Use Defense

Gibson Dunn lawyers discuss a Supreme Court ruling that a work of art is not sufficiently transformative for purposes of the fair use doctrine even if it conveys a different meaning or message from the source material.

May 18, 2023

Supreme Court Rejects Allegations That Social-Media Companies Did Not Do “Enough” To Block Terrorist Content But Declines To Address Scope Of Section 230

Our lawyers discuss the U.S. Supreme Court's ruling that social media companies cannot be held liable for allegedly not doing “enough” to remove terrorist-related content from their services.

May 18, 2023

California’s City and County Attorneys Poised to Flex Newly Granted UCL Investigatory Power

Our lawyers discuss how city attorneys and certain county counsels in California may use their newly provided authority to investigate businesses under the state’s Unfair Competition Law.

May 18, 2023

German Whistleblower Protection Act Brings New Obligations for Companies

Gibson Dunn lawyers comment on a new German law protecting those who report violations around the workplace.

May 17, 2023

IRS and Treasury Issue Notice 2023-38 Providing Initial Guidance on “Domestic Content” for ITC- and PTC-eligible Projects

Our lawyers discuss an IRS and Treasury notice which provides initial guidance for developers and investors seeking to qualify projects for the domestic content bonus credit available under sections 45, 45Y, 48, and 48E.

May 17, 2023

Child and Forced Labor Risks Global Task Force

Gibson Dunn has established a Child and Forced Labor Risks Global Task Force to help our clients prevent illegal child and forced labor, evaluate their supply chains, and respond to investigations and litigation.

May 17, 2023

CHIPS Act Update: New Guidance on Federal Environmental Permitting of CHIPS Act Projects

Our lawyers review the Environmental Questionnaire that applicants for CHIPS funding must now complete. The questionnaire will be used by the CHIPS Program Office to assess the environmental risks and merits of each project.

May 16, 2023

Agencies Release Reports Detailing Supervision and Regulation of Silicon Valley Bank and Signature Bank

Gibson Dunn lawyers examine federal banking agencies’ expected response to the recent bank failures, and how that response will shape the regulatory landscape for institutions of all sizes and their partners.

May 16, 2023

EU Commission Proposes Harmonized Framework to Combat Corruption

Our lawyers review a new directive proposed by the European Commission that would harmonize corruption offenses, sanctions, related prevention and enforcement.

May 15, 2023

DOJ’s Consumer Protection Branch Releases Second Annual Recent Highlights Report

Gibson Dunn lawyers discuss the second annual Recent Highlights Report recently released by the U.S. Department of Justice’s Consumer Protection Branch, which describes the Branch and its role at DOJ along with reviewing significant litigation and resolutions that occurred in 2022.

May 15, 2023

Federal Infrastructure Permitting Reform Update: Senate Energy & Natural Resources Committee Members Bullish on Reform

Gibson Dunn lawyers analyze developments regarding the infrastructure permitting debate in Congress.

May 12, 2023

Supreme Court Overturns Wire Fraud Conviction of Private Citizen Under Honest-Services Theory After Holding That The Jury Instructions Given Were Too Vague

The Supreme Court overturned a wire fraud conviction based on an honest-services theory. The Court reasoned that while such a theory can potentially cover private persons, it does not extend to all private persons.

May 11, 2023

Supreme Court Rejects Dormant Commerce Clause Challenge To California Law Restricting Sale Of Pork Based On Conditions In Which Pigs Are Raised

The Supreme Court held in a fractured decision that California’s ban on the sale of pork that comes from pigs that were raised in a “cruel manner,” regardless of where the pigs are raised, does not violate the dormant Commerce Clause.

May 11, 2023