Client Alert - Gibson Dunn

Client Alert

Colorado Attorney General Upholds Commitment to Diversity, Equity, and Inclusion in Formal Legal Opinion

The Colorado Attorney General has issued a formal legal opinion confirming the legality and praising the benefits of diversity, equity, and inclusion programs and policies in the workplace.

October 9, 2023

Fifth Circuit Revives WARN Act Case Against Private Equity Manager of Closed Business

Our lawyers discuss a formal legal opinion issued by Colorado’s Attorney General confirming the legality and praising the benefits of diversity, equity, and inclusion programs and policies in the workplace.

October 6, 2023

U.S. Supreme Court Round-Up (October 2023)

Our U.S. Supreme Court Round-Up provides a concise, substantive analysis of the Court’s actions by previewing cases scheduled for argument, tracking the actions of the Office of the Solicitor General, and recapping recent opinions.

October 4, 2023

Federal Circuit Update (September 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, additional materials released from the ongoing investigation by the Judicial Council of the Federal Circuit, and recent Federal Circuit decisions concerning motions to amend before the Patent Trial and Appeal Board, obviousness, and enablement.

October 3, 2023

SEC News Roundup: Private Funds Rule Compliance Date Set, Nine Investment Advisers Charged in Breach of Marketing Rule, in Rare Action, Investment Adviser Found to be Acting as an Illegal Broker-Dealer

Our SEC News Roundup summarizes three recent enforcement and administrative items that private fund advisers should be aware of.

October 2, 2023

International Comparative Legal Guide to Sanctions 2024 – Germany Chapter

Gibson, Dunn & Crutcher LLP is pleased to announce with Global Legal Group the release of the International Comparative Legal Guide to Sanctions 2024 – Germany Chapter.  Gibson Dunn partner Benno Schwarz and associate Nikita Malevanny are co-authors of the publication which provides an overview of the EU sanctions regime as applied by Germany and covers relevant government agencies, applicable guidance, sanctions jurisdiction, export controls, criminal and civil enforcement, recent developments, and other topics.

September 29, 2023

FDA Draft Guidance Sheds Light on Agency’s Evaluation of Prescription Drug Use-Related Software

The U.S. Food and Drug Administration recently published a draft guidance document proposing to regulate end-user output of prescription drug use-related software as labeling.

September 29, 2023

FTC Challenges Roll-Up Strategy as Illegal Monopolization

On September 21, 2023, the Federal Trade Commission, delivering on recent agency promises to increase scrutiny of private equity-backed transactions and strategies, released a complaint filed against private equity sponsor Welsh, Carson, Anderson, and Stowe and U.S. Anesthesia Partners, a Texas-based provider of anesthesia services and Welsh Carson portfolio company. With this slate of claims, the FTC takes aim at Welsh Carson and USAP’s serial acquisitions over a decade, post-merger conduct, and the “roll-up” strategy employed by USAP and Welsh Carson.

September 27, 2023

California Passes Climate Disclosure Legislation

The California Legislature recently passed two wide-reaching bills that will impose significant and mandatory climate-related reporting requirements for large public and private companies doing business in the state.

September 27, 2023

Hong Kong Introduces New Type 13 Regulated Activity

On July 27, 2023, Hong Kong’s Securities and Futures Commission published a “Circular on Licensing and Registration of Depositaries of SFC-authorised Collective Investment Schemes and Related Transitional Arrangements”. Trustees and custodians of SFC-authorised collective investment schemes will have to be licensed or registered with the SFC for the new Type 13 regulated activity from October 2, 2024.

September 26, 2023

California Broadens Restrictions on Employee Non-Competes

Beginning January 1, 2024, California will broaden its already expansive restrictions on employee non-compete agreements.

September 20, 2023

Gibson Dunn Digital Assets Recent Updates – September 2023

This edition of our Digital Assets Update covers recent legal news regarding all types of digital assets, including cryptocurrencies, stablecoins, CBDCs, and NFTs, as well as other blockchain and Web3 technologies.

September 18, 2023

Expansion of Corporate Criminal Liability in the UK: Reform of the Identification Principle and New Offence of Failure to Prevent Fraud

Our lawyers discuss the U.K.’s Economic Crime and Corporate Transparency Bill, which the government has described as the most significant reform of the identification doctrine in more than 50 years and whose proposals have been welcomed by the UK’s Serious Fraud Office.

September 18, 2023

Securities Litigation 2023 Mid-Year Update

Our 2023 Mid-Year Securities Litigation Update provides an overview of the notable developments in federal and state securities litigation during the first half of 2023 across a number of different areas.

September 15, 2023

The Power to Investigate – Table of Authorities of House & Senate 118th Congress

For the seventh successive U.S. Congress, Gibson Dunn is pleased to release a table of authorities summarizing the oversight and investigative authorities of each House and Senate committee.

September 14, 2023

Washington Judge Dismisses Challenge to Starbucks Diversity Policies in Decisive Order Upholding Business Judgment Rule

Our lawyers discuss the implications of a U.S. federal judge’s dismissal of a stockholder derivative suit brought by a conservative think tank against Starbucks; the suit alleged that some Starbucks diversity initiatives violated the Civil Rights Act and state anti-discrimination laws.

September 14, 2023

Strong Public Reaction to Stringent OCS Bonding and Financial Assurance Requirements Proposed by Bureau of Ocean Energy Management

On June 29th, 2023, the Department of the Interior, acting through the Bureau of Ocean Energy Management, published a proposed rule that would modify the criteria it uses to determine financial assurance and bond requirements for the offshore oil and gas industry in the Outer Continental Shelf.

September 14, 2023

Gibson Dunn Environmental, Social and Governance Update (August 2023)

Our latest update on Environmental, Social and Governance (ESG) developments around the world.

September 12, 2023

The Rise of State Laws Restricting Foreign Entities from Acquiring Property: Another Front in U.S.-China Tensions and the Constitutional Challenge of Florida SB 264 in Shen v. Simpson

Lawmakers in a growing number of U.S. states have been quick to introduce and, in some cases, pass legislation that restricts foreign ownership of land within their states by governments, individuals, and/or entities associated with certain identified “foreign adversaries” of the United States.

September 12, 2023

Gibson Dunn | Europe | Data Protection – Q3 2023

Gibson Dunn lawyers provide a look at personal data and other privacy-related legal developments across Europe for the third quarter of 2023.

September 11, 2023