Client Alert - Gibson Dunn

Client Alert

U.S. House Ways and Means Committee Proposes Substantial Extension and Expansion of Clean Energy Tax Incentives

If enacted into law in its current form, the Build Back Better Act would substantially extend and expand available clean energy tax incentives, including the investment tax credit (“ITC”), the production tax credit (“PTC”), and the carbon capture and sequestration credit. Gibson Dunn lawyers examine the current state of the proposed legislation.

October 13, 2021

8 Key Elements for a Successful Lift-Out Transaction

Over the past few years we have observed a trend in companies seeking to outsource (and monetize) certain core, best-in-class processes, otherwise known as "lift-out" transactions. Gibson Dunn lawyers examine 8 key elements for conducting a successful lift-out transaction.

October 12, 2021

COP15: Biodiversity Firmly Back on the Regulatory Agenda

The upcoming Kunming conference marks the 15th meeting of the Conference of the Parties (COP15) to the United Nations Convention on Biological Diversity, and aspires to do for biodiversity what the Paris Agreement did for climate change - namely, producing a landmark multinational accord to address one of the most pressing ecological and economic issues of our time.

October 12, 2021

UK CMA Adopts Green Claims Code and Consults on Environmental Sustainability: Time for a Compliance Review

On 20 September, the Competition & Markets Authority (CMA) published a Green Claims Code aimed at protecting consumers from misleading environmental claims amidst concerns over ‘greenwashing,’ i.e. overstated, unsubstantiated green credentials of a product or service.

October 7, 2021

Second Circuit Issues Important Ruling Concerning Authors’ Termination Rights Under The Copyright Act

In Horror Inc. v. Miller, the Second Circuit affirmed that Victor Miller had successfully reclaimed his rights in the screenplay for Friday the 13th by invoking the Copyright Act’s termination provisions, notwithstanding his assignment of those rights to a film production company in 1980.  The Court reached that conclusion after finding that Miller’s assignment was made as an independent contractor, rather than as an employee.

October 5, 2021

Now Available: SEC Desktop Calendar for 2022

To continue assisting US companies with planning for SEC reporting and capital markets transactions into 2022, we offer our annual SEC Desktop Calendar. This calendar provides both the filing deadlines for key SEC reports and the dates on which financial statements in prospectuses and proxy statements must be updated before use (a/k/a financial staleness deadlines).

September 30, 2021

PCAOB Adopts Final Rule on the Holding Foreign Companies Accountable Act

On September 22, 2021, the Public Company Accounting Oversight Board (PCAOB) adopted a final rule implementing the Holding Foreign Companies Accountable Act (HFCAA), which became law in December 2020 and prohibits foreign companies from listing their securities on U.S. exchanges if the company has been unavailable for PCAOB inspection or investigation for three consecutive years. 

September 30, 2021

The U.S. Comptroller of the Currency Nominee and Her Writings: What They Mean for Banks and Fintechs

On September 23, 2021, President Joseph Biden announced his intention to nominate Professor Saule Omarova of Cornell Law School to be the next Comptroller of the Currency. This alert touches on the key themes of her academic writings and addresses how these themes could translate into regulatory priorities at the OCC and FDIC.

September 27, 2021

White House Task Force Announces New COVID Safety Protocols for Federal Contractors

On September 24, 2021, the White House’s “Safer Federal Workforce Task Force” issued new guidance regarding vaccination requirements and other COVID-safety measures for federal contractor employees.

September 26, 2021

Private Equity Firms and PPP Fraud Liability Under the False Claims Act

Writing for the Daily Journal, Winston Chan and Trisha Parikh discuss how private equity firms might be responsible for PPP fraud liability under the False Claims Act.

September 23, 2021

Launch of English Law APLMA Facilities Agreement Template for Indonesia Offshore Loans

Gibson, Dunn & Crutcher LLP is pleased to announce that the Asia Pacific Loan Market Association (APLMA) has released an English law term facilities agreement template for Indonesia offshore loans.

September 20, 2021

SEC Staff Scrutiny of Climate Change Disclosures Has Arrived: What to Expect and How to Respond

Recently, the SEC's Division of Corporation Finance has issued a number of comment letters relating exclusively to climate-change disclosure issues. Gibson Dunn's lawyers share their observations.

September 20, 2021

SEC Announces First Enforcement Action Against Alternative Data Provider for Securities Fraud, Highlighting Regulatory Risks in Growing Industry

On September 14, 2021, the SEC announced a settled enforcement action against App Annie, Inc., an alternative data provider, and the Company’s co-founder and former CEO and Chairman, for misrepresentations both to data sources in connection with the collection of data, and to investment firm subscribers regarding the data underlying its product.

September 20, 2021

United States Creates New Sanctions Regime over Humanitarian Crisis in Ethiopia

On September 17, 2021, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) imposed sanctions in response to the ongoing humanitarian and human rights crisis in Ethiopia, particularly in the Tigray region of the country.

September 17, 2021

California Court of Appeal Confirms That Trial Courts Have the Authority to Strike PAGA Claims That Are Unmanageable

The California Court of Appeal last week issued the first published California appellate decision to expressly confirm that trial courts have the authority to strike an unmanageable Private Attorneys General Act claim.

September 15, 2021

President Biden Announces COVID-19 Vaccine Mandates, with Legal Challenges Likely to Follow

On September 9, 2021, President Biden announced several initiatives regarding COVID-19 vaccine requirements for U.S. employers. This alert provides a brief overview of the content and timing of the principal initiatives, and previews certain objections likely to be raised in legal challenges that some governors and others have said they will file.

September 10, 2021

The Power to Investigate: Table of Authorities of House and Senate Committees for the 117th Congress

For the sixth successive Congress, Gibson Dunn is pleased to release a table of authorities summarizing the investigative authorities of each House and Senate committee.  Understanding the full extent of a committee’s investigative arsenal is crucial to successfully navigating a congressional investigation.

September 10, 2021

California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers

On September 9, the Supreme Court of California issued its ruling in Sandoval v. Qualcomm Inc.  The decision is the latest in a line of cases reinforcing the strong presumption under California law that a person who hires an independent contractor delegates to the contractor all responsibility for the safety of contract workers.

September 10, 2021

China Passes the Personal Information Protection Law, to Take Effect on November 1

On August 20, 2021, the Standing Committee of China’s National People’s Congress passed the Personal Information Protection Law. The PIPL shares many similarities with the EU’s General Data Protection Regulation, including its extraterritorial reach, restrictions on data transfer, compliance obligations and sanctions for non-compliance, amongst others.

September 10, 2021

The Humanitarian Crisis in Afghanistan: Overview of Gibson Dunn’s Recent Efforts

Since the collapse of the Afghan government and the Taliban’s takeover of Kabul, tens of thousands of Afghans, along with U.S. citizens and U.S. permanent residents, have desperately tried to flee the country and the Taliban’s oppressive rule. Members of Gibson Dunn's Pro Bono team outline how the firm sprang into action to help individuals at heightened risk of Taliban reprisals evacuate to safety. 

September 9, 2021