Client Alert - Gibson Dunn

Client Alert

EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act: 10 Takeaways

On April 15, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued regulations implementing the Pregnant Workers Fairness Act (“PWFA”). The final rule comes after considering extensive comments on the August 2023 draft rulemaking, and will go into effect on June 18, 2024.

April 18, 2024

Supreme Court Holds That A Title VII Plaintiff Challenging A Work Transfer Need Not Show “Significant” Harm

Today, the Supreme Court held that a Title VII plaintiff challenging a forced job transfer as discriminatory must show some harm from the transfer, but need not show that the harm was “significant,” “material,” or “serious.”

April 17, 2024

Reminder for Resource Extraction Issuers: Form SD Due September 2024

Under the final rule, domestic or foreign “resource extraction issuers" are required to annually disclose information about certain payments made to foreign governments or the U.S. federal government on Form SD.

April 17, 2024

European Court of Human Rights Rules on the Positive Obligations of Convention States in the Face of the Climate Crisis – Key Takeaways

The Climate Change Cases are the first of their kind decided by the Court and constitute a significant legal development requiring considered analysis and reflection.

April 16, 2024

Gibson Dunn Environmental, Social and Governance Update (March 2024)

We are pleased to provide you with Gibson Dunn’s ESG update covering the following key developments during March 2024.

April 16, 2024

Supreme Court Holds That Pure Omissions Cannot Support A Cause Of Action Under Rule 10b-5(b)

Today, the Supreme Court unanimously held that a company’s failure to disclose information required under SEC regulations—such as Item 303 of Regulation S-K—cannot support a private securities-fraud claim unless the omission makes the company’s affirmative statements misleading.

April 12, 2024

Supreme Court Holds That The Federal Arbitration Act’s Exemption For Transportation Workers Is Not Limited To Workers In The Transportation Industry

Today, the Supreme Court unanimously held that the applicability of the Federal Arbitration Act’s exemption for transportation workers in interstate commerce turns on whether a worker is a transportation worker, not whether they work in the transportation industry.

April 12, 2024

Supreme Court Holds That Legislatively Mandated Development Exactions Can Be Unconstitutional Takings

Today, the Supreme Court held unanimously that land-development permit exactions subject to the Takings Clause must bear an essential nexus and rough proportionality to the expected impacts of the development, even if the exaction is imposed pursuant to legislation.

April 12, 2024

Derivatives, Legislative and Regulatory Weekly Update (April 12, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

April 12, 2024

U.S. Agencies Issue Pledge to Investigate AI Development and Use

The number of federal agencies that have joined the pledge and the scope of regulatory and enforcement priorities outlined in the joint statement are the strongest signals yet from the federal government that it intends to proactively monitor and regulate use cases of AI.

April 11, 2024

Renewable Energy Disputes in the Asia-Pacific – Emerging Trends and Challenges

The Asia-Pacific countries are experiencing exponential growth in renewables projects, as they seek to transition away from power generated through fossil fuels. Disputes inevitably arise as stakeholders navigate complex challenges in the rapidly evolving field, and a number of trends have emerged insofar as these disputes are concerned.

April 11, 2024

DEI Task Force Update (April 10, 2024)

Our DEI Task Force provides an update on key developments, media coverage and commentary, and current litigation.

April 10, 2024

SEC Successfully Prosecutes Novel “Shadow Trading” Theory at Trial

The government successfully argued that trading in the securities of one company based upon material nonpublic information about a separate company (in whose securities the defendant does not trade) can nevertheless violate the federal securities laws.

April 10, 2024

Updated Summary of Director Education Opportunities Available (April 2024)

A quarterly update of high-quality education opportunities for Boards of Directors of public and pre-IPO companies and members of private boards.

April 9, 2024

Texas Supreme Court Holds Arbitrator Must Decide Questions Of Arbitrability Absent Evidence That Delegation Clause Is Itself Unconscionable

In a unanimous per curiam opinion, the Texas Supreme Court held on Friday that when an arbitration agreement contains a clause delegating questions of arbitrability to the arbitrator, an unconscionability challenge must be supported with specific evidence showing that the cost of arbitrating any arbitrability issues is itself excessive.

April 9, 2024

Derivatives, Legislative and Regulatory Weekly Update (April 8, 2024)

Gibson Dunn's lawyers bring you the latest in U.S. derivatives news from the past week.

April 8, 2024

Entire Fairness Remains Default Standard for Conflicted Controller Deals

The Delaware Supreme Court announced that MFW remains the lodestar of earning the business judgment rule’s protections for all conflicted controller transactions, and a single conflict on a special committee can be fatal to those efforts. 

April 8, 2024

Federal Circuit Update (March 2024)

This edition of Gibson Dunn’s Federal Circuit Update for March 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning indefiniteness, obviousness, eligibility under Section 101, and the safe harbor provision under Section 271.

April 5, 2024

New York Court of Appeals Permits Challenge to New York City’s Property Tax System

Tax Equity Now NY LLC v. City of New York, 2024 N.Y. Slip Op. 01498, Issued March 19, 2024 The sharply divided decision could upend the City’s historical treatment of residential properties and could have broad implications for civil litigation in New York.

April 1, 2024

Gibson Dunn Digital Assets Recent Updates – March 2024

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.

March 29, 2024