Client Alert - Gibson Dunn

Client Alert

California Supreme Court Holds Employee May Sue Staffing Agency’s Client Even After Settling Same Claims Against Agency

On June 30, 2022, the California Supreme Court held that an employee who brings an employment class action against a staffing agency and executes a settlement agreement releasing the agency and its agents may bring a second class action against the staffing agency’s client premised on the same violations.

July 1, 2022

Hong Kong Introduces Licensing Regime for Virtual Asset Services Providers

On June 24, 2022, the Hong Kong Government gazetted the Anti-Money Laundering and Counter-Terrorist Financing (Amendment) Bill 2022. The Amendment Bill introduces changes to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615), including the introduction of a licensing regime for virtual asset services providers and imposing statutory anti-money laundering and counter-terrorist financing obligations on VASPs in Hong Kong.

June 30, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

June 30, 2022

China Amends Its Anti-Monopoly Law

China has finally amended its Anti-Monopoly Law, which will come into force on 1 August 2022. This client alert summarizes the main changes bought into effect by the Amended AML.

June 29, 2022

Updated Summary of Select Director Education Opportunities Available (Q2 2022)

Gibson Dunn’s summary of director education opportunities has been updated as of July 2022. Boards of Directors of public companies find this a useful resource as they look for high quality education opportunities.

June 29, 2022

Hong Kong Court of Final Appeal Confirms That ‘Leverage’ Satisfies the ‘Benefit’ Requirement for Winding Up Foreign Companies

The Hong Kong Court of Final Appeal has recently confirmed that for the purpose of winding up foreign companies in Hong Kong, the requirement that the winding up must benefit the petitioner can include commercial pressure (in other words, leverage) to achieve the repayment of an undisputed debt.

June 24, 2022

Germany Amends Implementing Act to the Hague Evidence Convention, No Longer Forbidding Pre-Trial Discovery of Documents

A recent amendment to Germany’s Implementing Act to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters may allow for pre-trial discovery if certain conditions are met. Previously, German courts receiving a request for pre-trial discovery from a common-law jurisdiction would not execute this request – regardless of its content or origin.

June 24, 2022

Enforcement of the Uyghur Forced Labor Prevention Act Begins in the United States

The Uyghur Forced Labor Prevention Act - and its stringent import restrictions - took effect on June 21, 2022. The Act, the latest effort by the United States concerning the Uyghur population in China’s Xinjiang Uyghur Autonomous Region, greatly increases the showing that companies need to make to prove that goods produced in the XUAR, in full or in part, are entitled to entry into the United States.

June 23, 2022

Hong Kong Court of Appeal Confirms That Disputes Over Arbitration Clauses Are for Arbitrators but Not Courts to Resolve

In C v D [2022] HKCA 729, the Hong Kong Court of Appeal confirmed a lower court’s decision that a dispute over a multi-tiered dispute resolution clause, which stipulates that the parties must first negotiate in good faith before resorting to arbitration, should be resolved by the arbitral tribunal and is not open to attack at the local courts.

June 22, 2022

Recent Iraqi Supreme Court Decision Likely to Trigger Investment Arbitration Claims

On February 15, 2022, the Federal Supreme Court of the Republic of Iraq issued a sweeping decision upending the existing legal framework governing the oil sector in the country. The Government of Iraq has since taken numerous steps to implement the decision, which may have significant and far-reaching repercussions on international oil companies operating under petroleum contracts with the Kurdistan Regional Government.

June 17, 2022

Insights on New California Privacy Law Draft Regulations

Our lawyers provide insights into the draft regulations created by the California Privacy Protection Agency for the California Privacy Rights Act.

June 15, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

June 15, 2022

Hong Kong SFC Consults on Significant Reforms to the SFO Enforcement Provisions

On June 10, 2022, the Hong Kong Securities and Futures Commission published a consultation paper on proposed amendments to enforcement-related provisions of the Securities and Futures Ordinance. This is particularly noteworthy, as the Consultation Paper marks the first time that the SFC has consulted on changes to enforcement-related provisions since the introduction of the SFO 20 years ago.

June 14, 2022

Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts

On June 13, 2022, the Supreme Court held 9-0 that parties to private arbitrations abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations.

June 13, 2022

EC Regulation on Foreign Subsidies Distorting the Internal Market

On 5 May 2021, the European Commission proposed a new Regulation on the grant of subsidies from foreign Governments outside the European Union to companies active within the European Union which are considered to distort competition in the EU.

June 7, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

June 6, 2022

Recent Developments in New York’s Amended Anti-SLAPP Law

Our lawyers discuss recent developments in New York's anti-SLAPP law, including questions about if 2020 amendments to the law apply retroactively.

June 1, 2022

FTC Warns EdTech Providers Must Heed Children’s Privacy Rules

The Federal Trade Commission recently doubled down on its efforts to combat perceived deception and privacy violations in the education sector, and in particular, perceived violations by education technology providers and for-profit educational institutions.

May 27, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

May 23, 2022

Keeping Up with the EEOC: Artificial Intelligence Guidance and Enforcement Action

On May 12, 2022, more than six months after the Equal Employment Opportunity Commission announced its Initiative on Artificial Intelligence and Algorithmic Fairness, the agency issued its first guidance regarding employers’ use of Artificial Intelligence.

May 23, 2022