On May 26, 2016, the United States Court of Appeals for the Eleventh Circuit issued a significant decision, in SEC v. Graham, No. 14-13562 (11th Cir.
Client Alert | May 27, 2016
Included in this May 2016 edition of Gibson Dunn's Federal Circuit Update is a brief summary of last month's Federal Circuit Judicial Conference, a summary of the pending en banc case (Medicines Co.), and a practice update regarding a clerical change to one of the Federal Circuit's rules of practice. Also included are summaries of a number of key recent decisions related to venue and forum shopping in patent cases and a trio of decisions on patent eligibility under section 101, including the Federal Circuit's second post-Alice decision reversing a district court's determination that claims were not subject matter eligible.Federal Circuit News The Federal Circuit held its annual Judicial Conference on April 11, 2016. Over 700 attorneys, judges, and federal officials
Client Alert | May 26, 2016
As the Supreme Court continues its 2015 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in the cases on the Court's docket and the opinions in the cases the Court has already decided.
Client Alert | May 26, 2016
On May 25, 2016, the Third Circuit issued a decision in Prometheus Radio Project et al. v. FCC (Nos. 15-3863, 15-3864, 15-3865, 15-3866), that will have significant implications for the agency's future broadcast ownership reviews, the ownership rules themselves, and "the future of the nation's broadcast industry." Gibson Dunn lawyers Helgi Walker, Ashley Boizelle, and Lindsay See successfully represented the National Association of Broadcasters ("NAB"), and served as lead counsel for the broadcast industry group, in the appeal.
Client Alert | May 26, 2016
On May 16, 2016, the Supreme Court issued Spokeo, Inc.
Client Alert | May 17, 2016
Spearheaded by Daniel M. Kolkey, a former Associate Justice on the California Court of Appeal, Third Appellate District, and former Counsel to the Governor of California, Gibson Dunn's California Appellate Practice Group has prepared the attached California Supreme Court Spring 2016 Round-Up, which previews upcoming cases and summarizes select opinions issued by the Court.
Client Alert | April 28, 2016
Dallas partners James Ho and Robert Walters are the authors of "Why Dallas Has the Right to Block the Exxxotica Expo from the Convention Center" [PDF] published on April 21, 2016 by Dallas Morning News.
Article | April 21, 2016
Included in this March 2016 edition of Gibson Dunn's Federal Circuit Update is a brief overview of the upcoming Federal Circuit Judicial Conference, a summary of the pending en banc case (Medicines Co.), and a practice update regarding a proposed change to one of the Federal Circuit's internal operating procedures. Also included are summaries of a number of key recent decisions related to patent exhaustion, the patent-agent evidentiary privilege, due process issues related to election of asserted claims, and the overlap between antitrust and inequitable conduct. Gibson Dunn prevailed in two cases since our last update: In Rembrandt Social Media, LP v. Facebook, Inc., No.
Client Alert | March 24, 2016
As the Supreme Court continues its 2015 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in the cases on the Court's docket and the opinions in the cases the Court has already decided.
Client Alert | March 18, 2016
Los Angeles partner Blaine Evanson and Orange County associate Taylor King are the authors of "Enhanced Patent Damages Arguments at High Court" [PDF] published on February 17, 2016 by The Daily Journal.
Article | February 17, 2016
Gibson Dunn is pleased to announce its inaugural edition of the Federal Circuit Update, a bimonthly electronic newsletter designed to provide our clients and friends with a concise summary of recent activity at the U.S.
Client Alert | January 27, 2016
We are pleased to present Gibson Dunn's third "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 110 precedential patent opinions issued by the Federal Circuit over the 2014-2015 year.
Client Alert | November 9, 2015
Denver associate Timothy Zimmerman is the author of "U.S. Supreme Court Hears Argument in Big Data Case with Far-Reaching Implications" [PDF] published on November 9, 2015 by Law Week Colorado.
Article | November 9, 2015
Denver associate Timothy Zimmerman is the author of "Introducing the New Chief Judge of the Circuit, the Honorable Timothy M. Tymkovich" [PDF] published in the Fall/Winter 2015 issue of The Historical Society of the Tenth Judicial Circuit Newsletter.
Article | November 1, 2015
Washington D.C. partner David Debold and associate Rachel E. Mondl are the authors of "The Supreme Court’s Johnson v. United States Ruling: A Vagueness Doctrine Revolution?" [PDF] published on October 9, 2015 by Washington Legal Foundation.
Article | October 9, 2015
Washington D.C. partner Theodore B. Olson and associate Lucas C. Townsend are the authors of "Supreme Court Should Use Trio of Cases to Reaffirm That Uninjured Plaintiffs Have No Place in Class Actions" [PDF] published on September 25, 2015 by Washington Legal Foundation.
Article | September 25, 2015
Los Angeles partner William E. Thomson and associate Dylan Mefford are the authors of "9th Circ. Cracks Door Ajar To Imputed Jurisdiction" [PDF] published on September 21,2015 by Law360.
Article | September 21, 2015
Spearheaded by Daniel M. Kolkey, a former Associate Justice on the California Court of Appeal, Third Appellate District, and former Counsel to the Governor of California, Gibson Dunn's California Appellate Practice Group has prepared the attached California Supreme Court Mid-Year Round-Up, which previews upcoming cases and summarizes select opinions issued by the Court.
Client Alert | September 8, 2015
Washington D.C. partner Michael Murphy and associate David Fotouhi are co-authors of "Do CERCLA Cost Recovery And Contribution Rights Overlap? " [PDF] published on August 7, 2015 by Law360.
Article | August 7, 2015
On July 21, 2015, the Federal Circuit issued its much anticipated decision in Amgen v. Sandoz (No. 2015-1499) construing two key provisions of the Biologics Price Competition and Innovation Act ("BPCIA"). The split decision held something for both sides, providing that the information disclosure and exchange provisions of the BPCIA (the infamous "patent dance") are not mandatory, and that the biosimilar applicant's 180-days' pre-marketing notice may only be given after final FDA approval. It is worth reiterating that the Federal Circuit has determined that the patent dance Congress spent years choreographing is not a mandatory requirement. Judge Lourie wrote the majority opinion, with Judge Newman concurring-in-part and dissenting-in-part, and Jud
Client Alert | July 27, 2015
Following the close of the Supreme Court's 2014 Term, Gibson Dunn's Supreme Court Round-Up provides summaries of the Court's opinions, the questions presented in cases that will be heard by the Court next Term, and other key developments on the Court's docket.
Client Alert | July 17, 2015
On the last day of its Term, the Supreme Court of the United States issued a decision that is likely to be an important precedent in litigation challenging agency rules that impose unreasonable costs.
Client Alert | June 29, 2015
Los Angeles partner Theane Evangelis is the author of “Victory for liberty, equality” [PDF] in the June 29, 2015 issue of the Daily Journal.
Article | June 26, 2015
On May 18, 2015, the United States Supreme Court unanimously ruled in Tibble v. Edison International, 575 U.S.
Client Alert | May 19, 2015
Washington, DC partner Raymond B. Ludwiszewski and of counsel Charles H. Haake are authors of “Tracking the DC Circ.’s Trend on Article III Standing,” published by Law360.
Article | May 13, 2015
Washington, D.C. partner Matthew McGill and San Francisco associate Alexander Harris are the authors of “NML Capital v. Argentina: Enforcing Contracts in the Shadow of the Foreign Sovereign Immunities Act” [PDF] 30 MD.
Article | May 6, 2015
Los Angeles partner Blaine Evanson and associate Bradley Hamburger are the authors of “Judging uninjured plaintiffs’ standing” [PDF] published in the April 29, 2015 issue of the Daily Journal.
Article | April 29, 2015
On April 10, 2015, the United States Court of Appeals for the Sixth Circuit issued its much-anticipated en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company. In the decision, the Sixth Circuit ruled that, under the Americans with Disabilities Act ("ADA"), physical attendance is an essential function of most jobs and thus employers generally need not provide unpredictable telecommuting arrangements as an accommodation. In affirming the District Court's opinion granting summary judgment to Ford, the Sixth Circuit clarified that an employee's subjective testimony alone is insufficient to raise a genuine issue of material dispute, and confirmed that an employer's judgment regarding essential job functions will be respected when it is "job
Client Alert | April 13, 2015
New York associate Gabrielle Levin is the author of "Lawson v. FMR LLC: One Year Later" [PDF] published in the April 3, 2015 issue of Bloomberg BNA Daily Labor Report.
Article | April 3, 2015
Dallas partner James C. Ho and associate Prerak Shah are authors of "Immigration, alcohol and rule of law" [PDF] which appeared in the March 7, 2015 issue of the Austin American-Statesman.
Article | March 7, 2015
Los Angeles partner Daniel Swanson and associate Blaine Evanson are the authors of “States must reassess regulatory boards” [PDF] published in the March 4, 2015 issue of the Daily Journal.
Article | March 4, 2015
Washington, D.C. partner Mark Perry is the author of "A Move To Undo Colorado’s Pot Laws" [PDF] published in the March 2, 2015 issue of The National Law Journal.
Article | March 2, 2015
2014 was a watershed year for transnational litigation in United States courts. Rulings by the United States Supreme Court and several United States courts of appeals dramatically reshaped the circumstances under which foreign defendants are subject to general personal jurisdiction, further developed the standards for extraterritorial application of United States laws, and provided important guidance on the scope of sovereign immunity and application of the Foreign Sovereign Immunities Act ("FSIA") to commercial disputes.
Client Alert | February 27, 2015
As the Supreme Court continues its 2014 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the Court's opinions, as well as the issues presented in the cases that remain to be decided.
Client Alert | February 18, 2015
In 2014, with the dust finally starting to settle following the Supreme Court's blockbuster class action rulings in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp.
Client Alert | January 30, 2015
Los Angeles partner Theane Evangelis is the author of "A Day in Court for Same-Sex Marriage" [PDF] published in the January 26, 2014 issue of the Los Angeles Daily Journal.
Article | January 26, 2015
On January 21, 2015, the U.S. Supreme Court decided its first substantive trademark case in nearly a decade. The decision resolves a longstanding circuit split over the issue of how to try cases where a key issue is whether a trademark owner should be given credit for earlier versions of its trademark in determining who has "priority of use" and thus a superior claim to exclude others from using the mark.
Client Alert | January 22, 2015
Los Angeles partner Blaine H. Evanson and associate Lali Madduri are the authors of "Judicial campaign rules go to court" [PDF] published in the December 23, 2014 issue of the Daily Journal.
Article | December 23, 2014
As the Supreme Court continues its 2014 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the issues presented in cases that will be argued, as well as other key developments at the Court.
Client Alert | December 19, 2014
We are pleased to present Gibson Dunn's second "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 128 precedential patent opinions issued by the Federal Circuit over the 2013-2014 year.
Client Alert | November 20, 2014
Dallas partner James C. Ho is the author of "Health regulation makes for strange bedfellows" [PDF] published in the November 16, 2014 issue of The Texas Tribune.
Client Alert | November 16, 2014
New York partner Akiva Shapiro is the author of "Is Jerusalem in Israel? Ask the Supreme Court," [PDF] by The Wall Street Journal on October 31, 2014.
Publications | October 31, 2014
Washington, D.C. partner Miguel Estrada and associate Ashley Boizelle are the authors of "Looking Ahead: October Term 2014" [PDF] appearing in the Cato Supreme Court Review 2013-2014.
Article | October 1, 2014
Los Angeles partner Daniel Swanson and associate Blaine Evanson are the authors of “Justices to Weigh ‘State Action’ Antitrust Exemption” [PDF] published in the September 11, 2014 issue of the Daily Journal.
Article | September 11, 2014
On August 15, 2014, the U.S. Court of Appeals for the Second Circuit issued a ruling limiting the extraterritorial application of Section 10(b) of the Securities Exchange Act of 1934 in the wake of the Supreme Court's landmark opinion in Morrison v. National Australia Bank Ltd.
Client Alert | August 25, 2014
Los Angeles associates Blaine H. Evanson and Matthew W. Samuels are the authors of "The True Threshold of Patent Eligibility" published in the August 15, 2014 issue of the Daily Journal.
Article | August 15, 2014
Los Angeles associates Blaine Evanson and Brandon Stoker are the authors of “Duran, Due Process, and the Class Action Device” [PDF] published in the Summer 2014 issue of the ABTL Report.
Article | August 6, 2014
Gibson Dunn's Supreme Court Round-Up summarizes all of the Court's decisions from the 2013 Term, the questions presented in cases that will be heard by the Court next Term, and other key developments on the Court's docket.
Client Alert | July 15, 2014
San Francisco associate Joshua Lipshutz is the author of “The Legal Road Map to Better Public Schools” [PDF] that was published in the Wall Street Journal on July 8, 2014.
Client Alert | July 8, 2014
Los Angeles partners Kevin Rosen and Christopher Chorba and associate Peter Bach-y-Rita are the authors of “Finishing Some ‘Unfinished Business’ – California And New York Courts Reject ‘Unfinished Business’ Claims Involving Dissolved Law Firms”
Article | July 1, 2014