On May 29, 2014, the California Supreme Court in Duran v. U.S.
Client Alert | May 30, 2014
With the Supreme Court having completed argument for the October Term 2013, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that have been argued this Term or will be argued next Term, and other key developments.
Client Alert | May 16, 2014
On May 6, 2014, the U.S. Court of Appeals for the Second Circuit issued a ruling which continued the recent trend of further restricting the extra-territorial application of the U.S.
Client Alert | May 9, 2014
In a series of three opinions issued on April 24, 2014, the Federal Circuit has decided that decisions by the Director of the U.S. Patent & Trademark Office to institute -- or not to institute -- an inter partes review ("IPR") under 35 U.S.C.
Client Alert | May 5, 2014
On April 29, 2014, the U.S. Supreme Court issued a pair of unanimous decisions lowering the bar for parties to recover their attorneys' fees in "exceptional" patent cases pursuant to 35 U.S.C.
Client Alert | May 2, 2014
On March 25, 2014, the U.S. Supreme Court issued a decision that resolves a split among the courts of appeals on the requirements for standing to bring a false advertising claim under the federal Lanham Act.
Client Alert | March 26, 2014
On Friday, March 7, 2014, the California Court of Appeal in Los Angeles unanimously affirmed dismissal of a case against Gibson Dunn client Dole Food Company as a "fraud on the court" perpetrated by U.S.
Client Alert | March 10, 2014
On February 26, 2014, the Supreme Court decided Chadbourne & Parke LLP v. Troice, 571 U.S. ___ (2014), ruling by a 7-2 vote that the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") does not bar state-law securities class actions in which the plaintiffs allege that they purchased uncovered securities that the defendants misrepresented were backed by covered securities.
Client Alert | February 28, 2014
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments.
Client Alert | February 13, 2014
On January 22, 2014, the Supreme Court decided Medtronic, Inc. v. Mirowski Family Ventures, LLC, 571 U.S.
Client Alert | January 23, 2014
Today, the United States Court of Appeals for the District of Columbia Circuit issued a decision vacating the FCC's anti-discrimination and anti-blocking requirements for broadband providers.
Client Alert | January 14, 2014
We are pleased to present Gibson Dunn's first "Federal Circuit Year In Review," providing a statistical overview and substantive summaries of the 120 precedential patent opinions issued by the Federal Circuit over the 2012-2013 year.
Client Alert | January 7, 2014
Los Angeles associate Blaine Evanson and Lauren Blas, and New York associate Seth Rokosky are the authors of “The Next Supreme Court Cases To Shape Patent Law” [PDF] published by Law360 on January 1, 2014 at www.law360.com.
Article | January 1, 2014
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of “The Best to Be Done in a Bad Situation: Southern Union on Remand” [PDF] published in the November 13, 2013 of Bloomberg BNA’s Criminal Law Reporter.
Client Alert | November 13, 2013
As the Supreme Court continues its 2013 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. The Court has accepted over 50 cases for argument this Term, and has already heard arguments in 13 cases. Gibson Dunn will present oral argument in four of the cases that the Court has agreed to hear this Term, and is involved in several others as counsel for amici curiae. With arguments continuing this week, the Round-Up provides a snapshot of the issues that are at the forefront of the Court's docket. Spearheaded by former Solicitor General Theodore B.
Client Alert | November 4, 2013
Washington, D.C. partner Mark Perry and associate Geoffrey Weien are authors of “Issue Preclusion in Multijurisdictional Shareholder Derivative Litigation” [PDF] published in the August 2013 issue of Insights.
Article | August 1, 2013
Now that the Supreme Court has ended its 2012 Term, Gibson Dunn's Supreme Court Round-Up is continuing to track and summarize the issues presented in cases that will be argued in the 2013 Term, as well as other key developments at the Supreme Court. Gibson Dunn was involved in eight cases in the 2012 Term, and is already involved in five cases in the 2013 Term.
Client Alert | July 25, 2013
On June 26, 2013, the U.S. Supreme Court issued an historic decision in Hollingsworth v.
Client Alert | July 11, 2013
On June 27, 2013, the United States Court of Appeals for the Second Circuit issued an opinion addressing the "unsettled question" of whether the tolling principles of American Pipe & Construction Co.
Client Alert | July 8, 2013
Now that the Supreme Court has ended its 2012 Term, Gibson Dunn's Supreme Court Business Round-Up provides a look at the Court's business-related decisions from this past Term. The 2012 Term was an important one for business at the Supreme Court. The Court heard thirty-three business-related cases, and issued major decisions in a wide variety of areas--including class actions, arbitration, transnational torts, intellectual property, employment, and the Takings Clause. Gibson Dunn was involved in some of this Term's highest profile business cases, including Comcast Corp.
Client Alert | July 1, 2013
On June 20, 2013, in American Express Corp. v. Italian Colors Restaurant, (No. 12-133), the United States Supreme Court held that a party cannot escape individual, non-class arbitration by asserting that class action procedures are necessary to effectively prosecute the claim.
Client Alert | June 25, 2013
On June 20, 2013, a three-member panel of the United States Court of Appeals for the Second Circuit issued an important decision that significantly curtails the authority of Irving Picard, as Trustee for the liquidation of Bernard L.
Client Alert | June 21, 2013
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments.Spearheaded by former Solicitor General Theodore B.
Client Alert | June 7, 2013
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments.Spearheaded by former Solicitor General Theodore B.
Client Alert | May 20, 2013
Los Angeles partner Theodore J. Boutrous, Jr. and associate Blaine Evanson are the authors of “The Enduring and Universal Principle of 'Fair Notice'” [PDF] published in the Southern California Law Review, Vol.
Article | April 30, 2013
On April 17, 2013, the Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., __ U.S. __ (2013), addressing the scope of the Alien Tort Statute, 28 U.S.C.
Client Alert | April 18, 2013
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments.Spearheaded by former Solicitor General Theodore B.
Client Alert | April 15, 2013
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments. Spearheaded by former Solicitor General Theodore B.
Client Alert | March 29, 2013
On March 19, 2013, the U.S. Supreme Court unanimously held that a putative class representative may not evade federal jurisdiction under the Class Action Fairness Act of 2005 ("CAFA") by attempting to stipulate that the class will not seek to recover more than $5 million. In an opinion authored by Justice Breyer in Standard Fire Insurance Co.
Client Alert | March 20, 2013
Los Angeles partners Patrick Dennis and Perlette Michèle Jura and associate Beth Coombs are the authors of “The Outer Limits Of Expert Testimony Gatekeeping” [PDF] published by Law360 on March 13, 2013 at www.law360.com.
Client Alert | March 13, 2013
On February 27, 2013, the U.S. Supreme Court held that, in securities class actions challenging false or misleading statements, the plaintiff need not prove that the alleged misstatements were material in order to obtain class certification using the so-called fraud-on-the-market presumption of reliance.
Client Alert | March 1, 2013
On February 27, 2013, the U.S. Supreme Court unanimously concluded that the five-year limitations period for federal enforcement actions seeking civil penalties, such as those brought by the SEC, begins to run when the alleged fraud occurs, not when it is discovered. In an opinion authored by Chief Justice Roberts in Gabelli v. Securities and Exchange Commission, No.
Client Alert | February 27, 2013
In the 35-year period from 1974 through 2009, the United States Supreme Court decided fewer than a dozen cases involving core class action issues. All that has changed in the last few years, with the Supreme Court increasingly taking cases presenting major class action questions.
Client Alert | February 20, 2013
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments. Gibson Dunn has eight cases presently before the Court, and while the Court has already issued decisions in eight cases this Term, it has 33 cases awaiting decision and 32 cases slated for argument. In addition, the Court has granted certiorari in four cases for its October 2013 Term.
Client Alert | February 14, 2013
In a decision that reaffirms that federal courts do not have jurisdiction to decide hypothetical challenges to the validity of intellectual property, the U.S.
Client Alert | January 11, 2013
New York partner David Debold and associate Matthew Benjamin are the authors of “Is Harris a Mandatory Minimums Ruling Whose Time Has Run Out?” [PDF] published in the January 2, 2012 issue of Bloomberg/BNA's Criminal Law Reporter.
Client Alert | January 2, 2013
Los Angeles partner Julian Poon and associate Blaine Evanson are the authors of “The “Next Wave” of Class Certification Issues” [PDF] published in the December 14, 2012 issue of Bloomberg/BNA's Class Action Litigation Report.
Article | December 14, 2012
In an opinion with potentially far-reaching ramifications for pharmaceutical and medical device manufacturers, a split panel of the Second Circuit Court of Appeals held on December 3, 2012, that the First Amendment precludes Alfred Caronia's conviction for conspiring to introduce a misbranded drug into interstate commerce in violation of the Federal Food, Drug, and Cosmetic Act (FDCA) because his off-label promotion was constitutionally protected speech.
Client Alert | December 4, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of “In the Wake of the Supreme Court’s Ruling, What’s Next for Southern Union?” [PDF] published in the October 31, 2012 issue of Bloomberg BNA’s Criminal Law Reporter.Reproduced with permission from The Criminal Law Reporter, 92 CrL 141, 10/31/2012.
Client Alert | October 31, 2012
As the Supreme Court opens its 2012 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. The Court has already accepted nearly forty cases for argument this Term, including five cases in which Gibson Dunn is involved. With arguments beginning just this week, the Round-Up provides a snapshot of the issues that are at the forefront of the Court's docket. Spearheaded by former Solicitor General Theodore B.
Client Alert | October 5, 2012
Washington, D.C. partner Mark Perry is the author of "Due Process Limitations on Aggregating Claims Under State Procedural Law" [PDF] published in the September 14, 2012 issue of Bloomberg BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 13 CLASS 1013, 09/14/2012.
Client Alert | September 14, 2012
On August 31, 2012, the Court of Appeals for the Federal Circuit handed down its en banc decision in two closely watched cases involving "divided infringement," Akamai Technologies, Inc., v. Limelight Networks, Inc., Nos.
Client Alert | September 5, 2012
Now that the Supreme Court has ended its 2011 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court released, the issues presented in cases that will be argued in the 2012 Term, and other key developments. Gibson Dunn was involved in twelve cases in the 2011 Term, and is already involved in three cases in the 2012 Term.Spearheaded by former Solicitor General Theodore B.
Client Alert | July 24, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are the authors of "Increased Fraud Penalties Are on the Horizon" [PDF] published in the July 2012 Business Crimes Bulletin.
Client Alert | July 15, 2012
On June 28, 2012, the Supreme Court issued its decision on the constitutional challenges to two components of the Patient Protection and Affordable Care Act of 2010 ("ACA"). The plaintiffs in National Federation of Independent Business v. Sebelius sought to invalidate both (1) the individual mandate, which requires most persons to purchase health insurance beginning in 2014 or pay a penalty for failure to do so; and (2) the expansion of the Medicaid program, which, among other things, requires States to expand Medicaid coverage and threatens the loss of all federal Medicaid funding for States that do not comply. In a 5-4 decision written by Chief Justice Roberts, the Supreme Court held that although the individual mandate is not a proper exercise of Congress's power u
Client Alert | June 29, 2012
As the Supreme Court winds down its 2011 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments. The Court has issued decisions in over fifty-five cases already this Term, including five cases in which Gibson Dunn is involved.Spearheaded by former Solicitor General Theodore B.
Client Alert | June 15, 2012
Washington, D.C. partner Michael Diamant and associate Jesenka Mrdjenovic are the authors of “Don’t You Forget About Me: The Continuing Viability of the FCPA’s Facilitating Payments Exception” [PDF] published in Volume 73 of the Ohio St.
Article | May 31, 2012
As the Supreme Court winds down its 2011 Term, Gibson Dunn's Supreme Court Round-Up is summarizing the opinions the Court has already released, the issues presented in cases that will be argued, and other key developments. The Court has issued decisions in over forty-five cases already this Term, including five of the eleven cases in which Gibson Dunn is involved.
Client Alert | May 17, 2012
On April 12, 2012, the California Supreme Court issued a much-anticipated decision in Brinker Restaurant Corporation v. Superior Court, No.
Client Alert | April 13, 2012
On March 20, 2012, the Supreme Court issued its decision in Mayo Collaborative Services v. Prometheus Laboratories, 566 U.S. __ (2012), addressing the scope of the "laws of nature" exception to the definition of patentable subject matter set out in 35 U.S.C.
Client Alert | March 21, 2012