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.
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.
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.
On Thursday, August 12, 2021, the Supreme Court granted Gibson Dunn’s request for an extraordinary writ of injunction pending appeal and held that New York State’s eviction moratorium law (“CEEFPA”)—which bars landlords from commencing or continuing eviction proceedings against any tenants who self-certify that they are suffering a COVID-related “hardship,” with no opportunity for property owners to challenge those hardship claims—is inconsistent with fundamental due process principles.
Gibson Dunn lawyers examine supplemental guidance provided by courts regarding the four steps of analysis of the application of force majeure clauses, as discussed in decisions between March 2020 and August 2021 during the COVID-19 pandemic.
In this update, Gibson Dunn’s lawyers 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 implement an employee Covid-19 vaccination policy (and if so, whether it should be compulsory or voluntary); and (iii) vaccination certification logistics and the facilitation of Covid-19 testing for employees.
On June 14, 2021, a federal judge in Texas dismissed the lawsuit filed by employees and former employees against Houston Methodist Hospital challenging its policy requiring all employees to be vaccinated against COVID-19. The holding may provide some degree of reassurance to employers that have decided to require employees to be vaccinated against COVID-19.
On Friday, May 28, 2021, the EEOC updated its technical assistance on vaccinations. Among other items, the Guidance states that employers may mandate vaccines under federal EEO laws, explains how to resolve requests for accommodations from employees who cannot be vaccinated for a protected reason under Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act, and clarifies that employers may request documentation of vaccination.
In this February 2020 webcast, a panel of Gibson Dunn lawyers presents the latest information and trends relating to workplace vaccination policies and programs.
A California federal court issued the first decision in the country in a securities class action arising out of the COVID-19 pandemic, dismissing the case on the ground that the issuer could not have anticipated the extent of the pandemic in early January 2020.
In early January 2021, the Small Business Administration (SBA) issued two interim final rules incorporating changes to the Paycheck Protection Program (PPP) prescribed by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. Gibson Dunn lawyers discuss the key provisions of the interim final rules.
Gibson Dunn lawyers report on recent intellectual property law developments relating to the COVID-19 pandemic as of January 2021, and provides updates on various developments covered in previous alerts.
On December 21, 2020, Congress passed a massive $2.3 trillion, 5,593-page, bicameral and bipartisan year-end legislation package to fund the government and provide long-delayed coronavirus relief.
Paris partner Pierre-Emmanuel Fender is the author of “Weathering the Covid-19 Crisis in France,” [PDF] published in the Europe, Middle East and Africa Review 2020 by Global Restructuring Review in December 2020.
In this webinar, Gibson Dunn and Cornerstone Research will provide an update on COVID-19-related securities litigation filed since the pandemic began and corporate best practices
This Client Alert offers a “Playbook” for employers to navigate the choppy waters of the coming COVID-19 vaccines. We set out key considerations, both for employers who want or ultimately may be required to pursue a mandatory vaccination program and for employers who wish to encourage voluntary compliance.
On December 4, 2020, the Securities and Exchange Commission announced its first enforcement action against a public company for misleading disclosures about the financial effects of the pandemic on the company’s business operations and financial condition.
On November 25, 2020, the Supreme Court ruled in favor of Gibson Dunn client The Roman Catholic Diocese of Brooklyn, New York, holding that provisions of a New York Executive Order that imposed “severe” fixed-capacity restrictions on attendance at religious services likely violate the Free Exercise Clause of the First Amendment, were causing irreparable harm, and must be enjoined pending appeal.
In this webcast, a panel of Gibson Dunn lawyers discusses the SEC’s enforcement priorities and key areas of risk in light of COVID-19.
California’s housing shortage continues as the state grapples with the COVID-19 pandemic. In an effort to mitigate delays in housing production throughout the state, California Governor Gavin Newsom recently signed into law Assembly Bill 1561 (“AB 1561”), which extends the validity of certain categories of residential development entitlements.
Los Angeles partner Michael Farhang is the author of “New DOJ priority: targeting pandemic stimulus fraud” [PDF] published by the Daily Journal on October 5, 2020.
The widespread economic uncertainty caused by COVID-19 poses distinct challenges for buyers and sellers seeking to identify M&A opportunities, as companies evaluate the impact of the pandemic on their businesses to date, and seek to predict its future impact.
On September 24, 2020, the UK Government announced its “Winter Economy Plan” – a series of employment and business support and tax measures intended to support the UK economy as the COVID-19 pandemic continues to impact economic output.
With talk about a second Coronavirus wave gathering pace, the German Ministry of Justice and Consumer Protection (Bundesministerium der Justiz und für Verbraucherschutz) is proposing to extend the temporary COVID-19-related legislation of March 2020 significantly simplifying the passing of shareholders’ resolution, including, in particular, the possibility to hold virtual-only shareholders’ meetings.
When the COVID 19 pandemic first hit European shores in early spring 2020, the German legislator was quick to introduce wide-reaching legislative reforms to protect the German business world from unwanted consequences of an economy struggling with unprecedented upheaval, the lock-down and the ensuing social strain.[1] One key element of the overall legal reform in March 2020 was the temporary derogation from the regular mandatory German-law requirement to file for insolvency immediately whenever a company is either illiquid (Zahlungsunfähigkeit) or over-indebted (Überschuldung). This derogation has now been extended in time for over-indebted companies, but restricted in scope for illiquid companies.
The COVID-19 pandemic has posed challenges for international students, and the universities and colleges they attend, as they prepare for the Fall 2020 school semester. Post-secondary education institutions responded to these challenges by considering the best interests, as well as the health and safety, of their students in shaping revised programming and remote learning opportunities. This Client Alert provides an overview of an Immigration and Customs Enforcement (“ICE”) policy that instructed international students they could not remain in the country if their schools provided only online classes; litigation brought against that policy, which led to a rescission of the challenged policy; and subsequent developments, including a new policy that would permit international students who were enrolled as of March 9, 2020 to reenter the country and attend an online-only school while prohibiting international students who would be new to the school from doing the same.
In this webcast, a panel of Gibson Dunn lawyers discuss recent developments in liability management, including raising capital in combination with debt tender offers, restructuring existing debt in exchange offers, and the anticipation of other debt repurchase programs, in order to reduce interest payments, enhance liquidity and manage debt maturities.
As the world reels from the COVID-19 pandemic and certain sectors of the economy struggle, False Claims Act (“FCA”) enforcement and litigation has largely plodded along during the first six months of 2020—and some areas reflect increasing activity.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on July 6, 2020.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on July 2, 2020.
Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of July 1, 2020.
In this webinar recorded June 29, 2020, part of a regular series, Gibson Dunn lawyers in London provide highlights on the latest COVID-19 related changes to UK law and government policy.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 26, 2020.
This Alert reports on recent intellectual property law developments relating to the COVID-19 pandemic, as of June 26, 2020.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 25, 2020.
In this webinar recorded June 15, 2020, part of a weekly series, Gibson Dunn lawyers in London provide highlights on the latest COVID-19 related changes to UK law and government policy.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 18, 2020.
On June 17, 2020, New York Governor Andrew Cuomo announced that New York City and Long Island will proceed to the next phase of the State’s reopening process.
Numerous public companies are experiencing cash flow pressure and going concern issues as a result of COVID-19. Raising capital quickly and with certainty of execution is a priority. Many private equity clients are considering opportunities to invest substantial capital through PIPE (Private Investment in Public Equity) transactions. Gibson Dunn lawyers briefly outline these opportunities.
Gibson Dunn lawyers in London provide a summary and compendium of English law legal developments during the current COVID-19 pandemic as of June 17, 2020.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 12, 2020.
Click for PDF This Alert reports on recent intellectual property law developments relating to the COVID-19 pandemic. First, we describe new initiatives launched by the United States Patent and Trademark Office (“USPTO”) and the United States Department of Energy (“DOE”) compiling helpful information for intellectual property stakeholders seeking to combat the pandemic. Second, we report […]
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 9, 2020.
On June 8, 2020, the Federal Reserve announced revisions to the three Main Street lending facilities it is creating under the CARES Act.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 8, 2020.
Gibson Dunn lawyers present an overview of the Higher Education Emergency Relief Fund (HEERF) and its conditions, potential False Claims Act pitfalls, and advice for ensuring compliance and avoiding litigation.
On June 5, 2020, the President signed into law H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020 (“PPP Flexibility Act”), which relaxes a number of requirements of and restrictions on the Paycheck Protection Program (“PPP”) established by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and clarified by subsequent guidance from the Small Business Administration (“SBA”) and the U.S. Department of the Treasury.[i] The bill passed the House by a vote of 417-1 and the Senate by voice vote, reflecting the strong bipartisan support behind the legislation. Below is a summary of the major changes to the PPP instituted by the PPP Flexibility Act.
A compilation of links to Gibson Dunn alerts regarding the COVID-19 pandemic published on June 5, 2020.
In this webcast, a joint Gibson Dunn/Deloitte panel discusses the coming surge in whistleblower activity amid the COVID-19 pandemic and how to properly address it.