As the Supreme Court continues 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 accepted over seventy cases for argument this Term, including eight cases in which Gibson Dunn is involved. With fourteen argued cases decided in the past month, 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 | February 14, 2012
The business world and class action litigators on both sides of the courtroom will remember 2011 for its blockbuster Supreme Court decisions and the sea changes they wrought. But the waters were roiled in disparate venues across the country as well, so that companies facing class action litigation in 2012 will indeed be doing so in a new world. In this new world, they will have powerful weapons available to them that should help level the playing field--among them: (1) the possibility of obtaining dismissal of a class action because of the applicability of an arbitration clause that waives class action rights; (2) the elimination of the use of federal Rule 23(b)(2) to circumvent obstacles to certification of a damages class; (3) an all-important clarif
Client Alert | January 30, 2012
As the Supreme Court continues its 2011 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 seventy cases for argument this Term, including eight cases in which Gibson Dunn is involved. With two argued cases already decided, the Round-Up also 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 | January 6, 2012
Los Angeles partner David Battaglia is the author of “Review Your Arbitration Provisions Now: Practical Considerations After the U.S. Supreme Court Decision in AT&T Mobility v. Concepcion” [PDF] published in the Winter 2012 issue of The Corporate Counselor.
Client Alert | January 1, 2012
Washington, D.C. partner David Debold and New York associate Matthew Benjamin are authors of the essay "'Losing Ground'—In Search of a Remedy For The Overemphasis on Loss and Other Culbability Factors in the Sentencing Guidelines for Fraud and Theft" [PDF] published in the December 2011 issue of the University of Pennsylvania Law Review PENNumbra (Vol.
Client Alert | December 15, 2011
As the Supreme Court opens its 2011 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 fifty cases for argument this Term, including five cases in which Gibson Dunn is involved. With arguments scheduled to begin next 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 | September 30, 2011
Dallas partner James Ho is the author of “Would U.S. Be Ready for a Repeat of 9/11?" [PDF] published in the September 4, 2011 issue of The Dallas Morning News.
Client Alert | September 4, 2011
Washington, D.C. partner Andrew Tulumello and associate Geoffrey Weien are the authors of "In Light of 'Wal-Mart,' D.C. Circuit Should Correct Its Approach to Class Actions" [PDF] published in the August 31, 2011 issue of The National Law Journal.
Article | August 31, 2011
Dallas partner James Ho is the author of “Federalism and Medical Malpractice Reform” [PDF] published in the August 29, 2011 issue of the National Law Journal.
Client Alert | August 29, 2011
Washington, D.C. partner Mark Perry and Los Angeles associate Blaine Evanson are the authors of "Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart" [PDF] published in the August 2011 issue of Thomson Reuters' Wall Street Lawyer.
Article | August 1, 2011
Today the federal appellate court in Washington, D.C. invalidated the SEC's "proxy access" rule, which would have required that director candidates nominated by certain large shareholders be included in a company's proxy materials. Gibson, Dunn & Crutcher LLP represented the plaintiffs, or "petitioners," in the case, Business Roundtable and the U.S.
Client Alert | July 22, 2011
Dallas partner James Ho is the co-author of “Lawsuit Against Governor an Affront to Constitution” [PDF] published in the July 22, 2011 issue of the Houston Chronicle.
Client Alert | July 22, 2011
Now that the Supreme Court's 2010 Term has drawn to a close, Gibson Dunn's Supreme Court Round-Up, which has been tracking the Court's opinions and actions throughout the Term, contains a summary of each opinion that the Court issued this Term. In addition, as attention shifts to the Court's docket for the 2011 Term, the Supreme Court Round-Up provides a substantive snapshot of the cases the Court has agreed to hear beginning in October.Spearheaded by former Solicitor General Theodore B.
Client Alert | July 8, 2011
On June 27, 2011, the Supreme Court invalidated a California statute prohibiting the sale or rental of "violent" video games to minors. In Brown v. Entertainment Merchants Association, No. 08-1448, the Court held that restrictions on video games are subject to strict scrutiny under the First Amendment, and that the California statute failed strict scrutiny. In an opinion by Justice Scalia, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan, the Supreme Court held for the first time that video games are constitutionally protected speech. "Like the protected books, plays, and movies that preceded them," the Court explained, "video games communicate ideas--and even social messages--through many familiar literary devices (such as characte
Client Alert | June 28, 2011
On June 23, 2011, in a case that tested potential conflicts between free speech rights and the power of the state to regulate medical privacy and low-cost healthcare, the Supreme Court struck down a Vermont law that restricted the sale, disclosure, and use of pharmacy records that reveal the prescribing practices of individual doctors. In Sorrell v. IMS Health, No.
Client Alert | June 28, 2011
On June 20, 2011, the U.S. Supreme Court unanimously reversed the Ninth Circuit and held that the largest employment class action ever certified cannot proceed.
Client Alert | June 21, 2011
As the Supreme Court proceeds through its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. The Round-Up contains objective summaries of every opinion issued this Term. Additionally, it highlights the cases that are still pending as well as those that are slated for argument next Term.Spearheaded by former Solicitor General Theodore B.
Client Alert | June 15, 2011
Janus Capital Group Inc. v. First Derivative Traders, No. 09-525On June 13, 2011, the U.S. Supreme Court concluded that Janus Capital Management (JCM) cannot be held liable in a private suit under the Securities and Exchange Commission's Rule 10b-5 for drafting allegedly misleading prospectuses for the mutual funds it advises. Reversing a contrary decision by the Fourth Circuit, the Court held in Janus Capital Group Inc.
Client Alert | June 13, 2011
On June 9, 2011, the Supreme Court in Microsoft Corp. v. i4i Limited Partnership, 564 U.S. ___ (2011), held that a party seeking to establish the invalidity of a patent must prove such invalidity by clear and convincing evidence. Slip op.
Client Alert | June 9, 2011
On June 6, 2011, the Supreme Court in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), held that the University and Small Business Patent Procedures Act of 1980--popularly known as the Bayh-Dole Act, 35 U.S.C.
Client Alert | June 7, 2011
On May 31, 2011, in Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. ___ (2011), the Supreme Court toughened the standard for establishing that a party has "actively induce[d] infringement of a patent" under 35 U.S.C.
Client Alert | June 3, 2011
With its May 24, 2011 decision in Simonoff v. Expedia, Inc., No. 10-3559 (9th Cir.
Client Alert | June 2, 2011
On May 25, 2011, the Federal Circuit issued its much-anticipated decision in the Therasense case, in which it granted en banc review to consider a series of questions regarding the scope and contours of the "inequitable conduct" doctrine in patent cases. Therasense, Inc.
Client Alert | May 25, 2011
As the Supreme Court enters the homestretch of this Term and approaches its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. Since the last edition of the Round-Up, the Court has issued opinions in the following argued cases:AT&T Mobility LLC v. Concepcion: The Court held that California's judicially imposed rule classifying most collective-arbitration waivers in consumer contracts as unconscionable was preempted by the Federal Arbitration Act.Sossamon v. Texas: The Court held that a State's acceptance of federal funds did not constitute a waiver of its sovereign immunity from private suits for money damages under the Religious Land Use and Institutionalized Persons Act of 2000.Virginia Office for Protection &
Client Alert | May 11, 2011
Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.
Client Alert | April 27, 2011
Dallas partner James Ho is the author of a series of articles regarding birthright citizenship, published in The Wall Street Journal [PDF], The Washington Times [PDF], The Des Moines Register [PDF], and The Green Bag [PDF].
Client Alert | April 11, 2011
The Seventh Circuit issued an important decision last week in Randall v. Rolls-Royce Corp., No. 10-3446 (7th Cir. Mar. 31, 2011) touching on several key class-certification issues that have split the courts of appeals and currently are before the Supreme Court in Wal-Mart Stores, Inc.
Client Alert | April 5, 2011
Dallas partner James Ho is the author of a series of articles regarding the Texas Open Meetings Act, published in The Dallas Morning News [PDF] and the Austin American-Statesman [PDF].
Client Alert | March 29, 2011
Printable PDFThere was a time when a dramatic decline in the price of a company's stock would virtually guarantee a complaint alleging securities fraud. But it no longer suffices for federal securities plaintiffs simply to allege that they purchased defendants' stock at an "inflated" price; instead, they must now plead and prove "loss causation," i.e., that their losses were caused by fraud. 15 U.S.C.
Client Alert | March 28, 2011
Printable PDF On March 22, 2011, the United States Supreme Court issued a unanimous opinion affirming the Ninth Circuit's decision in Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir.
Client Alert | March 25, 2011
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. This edition of the Round-Up summarizes:the 24 decisions that the Court has issued in argued casesthe Questions Presented in the 34 cases that have been argued and are awaiting a decisionthe Questions Presented in the 20 cases that will be argued during the remainder of the Termthe issues to be addressed in the 8 cases that the Court has slated for argument next TermSpearheaded by former Solicitor General Theodore B.
Client Alert | March 18, 2011
Printable PDFOn March 8, 2011, the U.S. Court of Appeals for the Ninth Circuit issued its decision in Network Automation, Inc. v. Advanced Systems Concepts, Inc., No.
Client Alert | March 11, 2011
Printable PDF On March 1, 2011, the United States Supreme Court issued its opinion in Federal Communications Commission v. AT&T Inc., No. 09-1279, addressing whether corporations are eligible to benefit from certain "personal privacy" protections under the Freedom of Information Act ("FOIA").
Client Alert | March 9, 2011
Los Angeles partner Julian W. Poon and associate Blaine H. Evanson are the authors of "Class Distinctions" [PDF] published in the February 2011 issue of Los Angeles Lawyer.
Article | February 1, 2011
Printable PDFOn January 20, 2011, the D.C. Court of Appeals -- the District of Columbia's high court -- issued an en banc decision that significantly limits the scope of so-called "representative actions" under the D.C. Consumer Protection Procedures Act (CPPA). The court held that plaintiffs asserting claims under the CPPA must satisfy the standing requirements embodied in Article III of the U.S.
Client Alert | January 27, 2011
Printable PDFLast Tuesday, January 18, President Obama signed an Executive Order outlining several ways in which federal agencies should more closely scrutinize both existing regulations, and new rules under consideration. The Executive Order identifies several issues that parties should consider bringing to the attention of agency officials when participating in rulemakings. The Executive Order enumerates numerous substantive considerations that agencies should make in the rulemaking process. Agencies should, for example, base their conclusions on "the best available science," "take into account benefits and costs, both quantitative and qualitative," and "identify and use the best, most innovative, and least burdensome tools for achieving regulat
Client Alert | January 21, 2011
As the Supreme Court accepts additional cases for review and issues new opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. Since the last edition of the Round-Up, the Court has granted certiorari in ten new cases. Gibson Dunn is Counsel of Record for Petitioner in two of the newly granted cases, which are summarized below:Wal-Mart Stores, Inc.
Client Alert | December 16, 2010
On December 3, 2010, a panel of the United States Court of Appeals for the D.C. Circuit vacated a False Claims Act ("FCA") judgment against Science Applications International Corporation ("SAIC") and rejected the government's expansive "collective knowledge" and damages theories under that punitive statute. The D.C. Circuit's decision in this closely watched case represents a sharp rebuke of several of the government's most aggressive theories under the FCA. The case arose out of two contracts under which SAIC agreed to provide technical assistance and expert analysis to the Nuclear Regulatory Commission ("NRC") in connection with a potential NRC rulemaking on the recycling and release of radioactive materials. The NRC te
Client Alert | December 6, 2010
As the Supreme Court begins the second month of its 2010 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 more than sixty cases for argument this Term, including eight cases in which Gibson Dunn is involved. With many important issues scheduled for argument in the near future, 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 3, 2010
In Quan v. Computer Sciences Corp., __ F.3d __, 2010 U.S. App. Lexis 20199 (9th Cir. 2010), the Ninth Circuit held that the presumption of prudence first articulated by the Third Circuit in Moench v. Robertson, 62 F.3d 553 (3d Cir.
Client Alert | October 15, 2010
As the Supreme Court opens its 2010 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 more than fifty cases for argument this Term, including six cases in which Gibson Dunn is involved. With arguments scheduled to begin next 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 | September 30, 2010
On June 14, 2010, the United States Supreme Court granted a writ of certiorari to review the decision of the Ninth Circuit in Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir.
Client Alert | July 15, 2010
As the Supreme Court's 2009 Term drew to a close, the Court issued an array of blockbuster opinions on issues such as separation of powers, the Second Amendment, and the proper interpretation of the "honest services" fraud statute. Gibson Dunn's Supreme Court Round-Up, which has been tracking the Court's opinions and actions throughout the Term, now contains a summary of each opinion that the Court issued this Term.
Client Alert | July 8, 2010
On June 28, 2010, the United States Supreme Court issued its decision in Bilski v. Kappos, No. 08-964.In Bilski, the Court affirmed the rejection of an application seeking patent protection for a method of managing risk. In so doing, the Court expressly declined to adopt the Federal Circuit's analysis or its recent case law, relying instead on the statutory text and the Court's own opinions on patent eligibility. The Court held that the Federal Circuit had erred in its holding that the "machine-or-transformation" test was the exclusive test for patent eligibility under 35 U.S.C.
Client Alert | June 28, 2010
In a landmark decision on the extraterritorial application of the United States securities laws, the Supreme Court held today that plaintiffs who purchase securities on foreign exchanges cannot bring a federal securities fraud lawsuit under Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5, promulgated thereunder. See Morrison v. National Australia Bank, 561 U.S.
Client Alert | June 24, 2010
As the Supreme Court proceeds through its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court.
Client Alert | June 4, 2010
On April 27, 2010, the Supreme Court of the United States recognized an important limit on the availability of class action mechanisms in arbitration. In Stolt-Nielsen S.A.
Client Alert | May 3, 2010
In Actions Under Section 10(b) of Securities Exchange Act of 1934, Statute of Limitations Does Not Begin to Run Until Plaintiffs Have Discovered or Reasonably Could Have Discovered Facts Constituting Securities Fraud, Including ScienterOn April 27, 2010, the United States Supreme Court held that the statute of limitations for private actions claiming securities fraud under Section 10(b) of the Securities Exchange Act of 1934 does not begin to run until plaintiffs have discovered or, with reasonable diligence, could have discovered the facts constituting the fraud, including scienter. The decision in Merck & Co.
Client Alert | April 29, 2010
As the Supreme Court enters the homestretch of this Term and approaches its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. Since the last edition of the Round-Up, the Court has issued opinions in the following argued cases:Merck & Co.
Client Alert | April 27, 2010
On April 14, 2010, the U.S. Court of Appeals for the Federal Circuit issued its decision in Novo Nordisk A/S v. Caraco Pharmaceutical Laboratories, Ltd., No.
Client Alert | April 16, 2010