Gibson Dunn | Client Alert

Client Alert

July 22, 2021

2021 Mid-Year Update on Corporate Non-Prosecution Agreements and Deferred Prosecution Agreements

The change in presidential administration has not detoured the institutional momentum of the use of non-prosecution agreements (“NPAs”) and deferred prosecution agreements (“DPAs”) in the first half of 2021.[1]  Eighteen agreements have been executed to date, which is in line with recent mid-year marks. In this client alert
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July 20, 2021

2021 Mid-Year Securities Enforcement Update

I.  Introduction: Themes and Notable Developments This mid-year update marks the first six months of the Commission under the Biden administration. Change came swiftly, yet is only just beginning. In this update, we look at the significant developments from the first six months of 2021, and consider what to expect from new leaders
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July 19, 2021

Gibson Dunn | Europe | Data Protection – July 2021

Personal Data Watch Europe 06/28/2021 – European Commission | Adequacy decision | Transfers to the UK The Commission adopted two adequacy decisions allowing personal data to flow freely from European Union to the United Kingdom. The adequacy findings include a ‘sunset clause’ which entails that the decisions will automat
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July 19, 2021

Recent Developments in California Anti-SLAPP Case Law, Summer 2021

This alert surveys recent case law and legislative developments involving California’s anti-SLAPP statute, California Civil Code § 425.16(e).  The anti-SLAPP statute offers defendants in actions brought pursuant to California law a powerful procedural tool to seek early dismissal of lawsuits that target defendants’ actions take
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July 16, 2021

California Supreme Court Announces New Formula for Calculating Premium Payments for Failures to Provide Meal Periods or Rest Breaks

On July 15, 2021, the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC adopted a new formula for calculating the one extra hour of premium pay that employees are owed if an employer fails to provide a compliant meal period or rest break.  Specifically, the Court held that those premium payments must include the hourly
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July 14, 2021

SEC Fires Shot Across the Bow of SPACs

On July 13, 2021, the Securities and Exchange Commission (“SEC”) announced a partially settled enforcement action against a Special Purpose Acquisition Company (“SPAC”), the SPAC sponsor and the CEO of the SPAC, as well as the proposed merger target and the former CEO of the target for misstatements in a registration statemen
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July 9, 2021

Supreme Court Round-Up (July 2021)

Gibson Dunn’s Supreme Court Round-Up provides summaries of the Court’s opinions from this Term, a preview of cases set to be argued next Term, and other key developments on the Court’s docket.  In the October 2020 Term, the Court heard argument in 57 cases, including 2 original-jurisdiction cases, and Gibson Dunn was counsel
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July 9, 2021

The Colorado Privacy Act: Enactment of Comprehensive U.S. State Consumer Privacy Laws Continues

On July 7, 2021, Colorado Governor Jared Polis signed into law the Colorado Privacy Act (“CPA”), making Colorado the third state to pass comprehensive consumer privacy legislation, following California and Virginia. The CPA will go into effect on July 1, 2023.[1]  In many ways, the CPA is similar—but not identical—to the mo
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July 9, 2021

President Signs Executive Order Directing Agencies to Address Wide Range of Businesses’ Competitive Practices, Including Non-Compete Agreements

Today, July 9, 2021, President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that, if completed and upheld by the courts, would effect a sea change in the government’s regulation of businesses’ competitive practices.[1] The Executive Order itself will have little immedia
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July 8, 2021

European Employment Law Update – Return to Work – July 2021

In this update, we look at the key employment law considerations our clients face across the UK, France and Germany connected to a return to the workplace in the near future, including: (i) ensuring a “Covid-secure” workplace’ and whether to continue to offer flexible working arrangements in the future; (ii) whether to implemen
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