Appellate and Constitutional Law

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Webcast: Today’s Key First Amendment Battles. Who Gets to Say It and Who Gets to Stop It?

Amer Ahmed, Anne Champion, and Apratim Vidyarthi cover significant developments in First Amendment law, including issues taken up by the Supreme Court.

Webcasts | February 14, 2024

Federal Circuit Update (January 2024)

This edition of Gibson Dunn’s Federal Circuit Update for January 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions interpreting a forum selection clause in a settlement agreement, deciding the appropriate scope of an opposition to a motion to amend in an inter partes review proceeding, and reviewing the International Trade Commission’s determination of what satisfies the economic prong of the domestic industry requirement.

Client Alert | February 7, 2024

Law360 Names Gibson Dunn Among its 2023 Appellate Practice Groups of the Year

Law360 named Gibson Dunn one of its six Appellate Groups of the Year for 2023. The firm was recognized for its work in “convincing the U.S. Supreme Court to make it harder for shareholders to sue companies that went public via direct listing” and getting “the Ninth Circuit to side with Uber and Postmates on a California worker classification law.”

Firm News | February 1, 2024

Fourth Quarter 2023 Update on Class Actions

This update provides an overview of key class action-related developments during the fourth quarter of 2023 (October to December).  

Client Alert | January 31, 2024

Gibson Dunn Named a 2023 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2023, featuring the law firms that received the most Practice Group of the Year awards. 

Firm News | January 22, 2024

Texas Supreme Court Holds Courts Cannot Create New Duties When Existing Duty Rules Apply

The Texas Supreme Court has held that courts cannot create new duties when existing duty rules apply.

Client Alert | January 22, 2024

California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims as Unmanageable, But May Limit the Evidence a Plaintiff Can Present at Trial

The California Supreme Court today held that courts lack the inherent authority to strike PAGA claims on the ground that they cannot be tried manageably.

Client Alert | January 18, 2024

Webcasts: Gibson Dunn’s Annual California MCLE Blitz – 2024

Key practitioners from our Los Angeles, Orange County, San Francisco, Washington, D.C. and Palo Alto offices hosted Gibson Dunn’s annual complimentary MCLE briefing which provides 8.0 hours of CLE credit, including specialty subjects such as Ethics, Elimination of Bias, and Competence Issues.

Webcasts | January 16, 2024

Federal Circuit Update (December 2023)

This edition of Gibson Dunn’s Federal Circuit Update for December 2023 summarizes the current status of a couple petitions pending before the Supreme Court, and recent Federal Circuit decisions vacating a $1.5 billion damages award, interpreting infringement of method of use patents under the Hatch-Waxman Act, and reviewing claim constructions in an inter partes review.

| January 10, 2024

Emerging Issues and Trends in Class Actions: Three Splits and Four Issues on the Horizon for 2024

Our lawyers preview several emerging issues and trends on the horizon in class actions for 2024.

Client Alert | December 28, 2023

Federal Circuit Update (November 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning attorneys’ fees under 35 U.S.C. § 285, Article III standing, and the Board’s authority to issue a final written decision past the statutory deadline.

Client Alert | December 11, 2023

Hong Kong Court of Final Appeal Confirms That No Leave Is Required for Securities and Futures Commission to Serve a Writ Out of Jurisdiction

On 30 October 2023, the Hong Kong Court of Final Appeal handed down its reasons for dismissing the appeal in Securities and Futures Commission v Isidor Subotic and Others [2023] HKCFA 32.

Client Alert | November 14, 2023

Federal Circuit Update (October 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning means-plus-function claims, apportionment, and forfeiting arguments not raised in an inter partes review (“IPR”) petition.

Client Alert | November 6, 2023

Best Law Firms® Names Gibson Dunn “Law Firm of the Year” for 2024 in Appellate Practice and in Mergers and Acquisitions Law

Best Law Firms awarded Gibson Dunn its 2024 “Law Firm of the Year” in two categories – Appellate Practice and Mergers and Acquisitions Law.

Firm News | November 2, 2023

Third Quarter 2023 Update on Class Actions

Our update on class actions provides an overview of key class action-related developments during the third quarter of 2023.

Client Alert | November 1, 2023

U.S. Supreme Court Round-Up (October 2023)

Our U.S. Supreme Court Round-Up provides a concise, substantive analysis of the Court’s actions by previewing cases scheduled for argument, tracking the actions of the Office of the Solicitor General, and recapping recent opinions.

Client Alert | October 4, 2023

Federal Circuit Update (September 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, additional materials released from the ongoing investigation by the Judicial Council of the Federal Circuit, and recent Federal Circuit decisions concerning motions to amend before the Patent Trial and Appeal Board, obviousness, and enablement.

Client Alert | October 3, 2023

The National Law Journal Names Gibson Dunn to 2023 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2023 Appellate Hot List, which “highlights law firms that have handled exemplary appellate matters.” The list was published on August 31, 2023.

Firm News | September 8, 2023

Federal Circuit Update (August 2023)

Our Federal Circuit Update summarizes the status of several petitions pending before the U.S. Supreme Court, additional materials released from the ongoing investigation by the Judicial Council of the Federal Circuit, and recent Federal Circuit decisions.

Client Alert | September 6, 2023

How ‘Purely Legal’ Issues Ruling Applies To Rule 12 Motions

Orange County partner Blaine Evanson and Washington, D.C. associate Jeremy Christiansen are the authors of "How 'Purely Legal' Issues Ruling Applies To Rule 12 Motions" published by Law360 on August 30, 2023. 

Article | August 31, 2023

11 Gibson Dunn Lawyers Named Lawyers of the Year for 2024

Best Lawyers® named 11 Gibson Dunn lawyers as the 2024 Lawyer of the Year in their respective practice areas and cities.

Firm News | August 17, 2023

Federal Circuit Update (July 2023)

Our Federal Circuit Update summarizes the current status of several petitions pending before the U.S. Supreme Court, the report and recommendation from the ongoing investigation by the Judicial Council of the Federal Circuit, and a number of recent Federal Circuit decisions.

Client Alert | August 7, 2023

Second Quarter 2023 Update on Class Actions

This update provides an overview of key class action-related cases during the second quarter of 2023.

Client Alert | August 2, 2023

California Supreme Court Holds Private Universities Do Not Need To Permit Cross Examination Of Witnesses In Administrative Disciplinary Proceedings

The California Supreme Court has held that private universities do not need to provide students accused of misconduct with the right to cross examine accusers and other witnesses at live hearings during administrative disciplinary proceedings.

Client Alert | August 1, 2023

Texas Creates New Business Court

Our lawyers discuss the Texas Legislature’s creation of a specialized Texas Business Court, whose primary objective is to provide a faster, more efficient, and more cost-effective dispute resolution mechanism for businesses.

Client Alert | July 25, 2023

California Supreme Court Holds Organizational Plaintiffs Have Standing To Sue Under UCL When They Incur Costs In Responding To Allegedly Unfair Competition

The California Supreme Court held that organizations have standing to sue for violations of California’s Unfair Competition Law if they spent resources fighting the business practice they challenge as unfair.

Client Alert | July 20, 2023

U.S. Supreme Court Round-Up (July 2023)

Gibson Dunn’s Supreme Court Round-Up provides an overview of cases argued during the October 2022 Term and other key developments on the Court’s docket.

Client Alert | July 20, 2023

Attorneys General of 13 States Issue Warning to Fortune 100 Companies Regarding Their Diversity and Inclusion Programs in Wake of Supreme Court’s Decision Overturning Affirmative Action in Higher Education

Our lawyers summarize the letter sent by Attorneys General of 13 states to Fortune 100 companies warning of “serious legal consequences” over race-based employment preferences and diversity/inclusion policies.

Client Alert | July 18, 2023

California Supreme Court Holds Plaintiffs Compelled To Arbitrate Individual PAGA Claims Can Still Have Standing To Litigate Non-Individual PAGA Claims

The California Supreme Court has held that plaintiffs compelled to arbitrate individual PAGA claims can still have standing to litigate non-individual PAGA claims.

| July 18, 2023

California Supreme Court Holds Employers Have No Duty Of Care To Prevent The Spread Of COVID-19 To Employees’ Households

The California Supreme Court held today that employers owe no duty of care, under state tort law, to nonemployees (including employees’ family members) to prevent the spread of COVID-19.

Client Alert | July 6, 2023

Federal Circuit Update (June 2023)

Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, provides an update on a proceeding by the Judicial Council of the Federal Circuit, and summarizes recent Federal Circuit decisions concerning secondary considerations, inventorship, inherency, and enablement.

Client Alert | July 6, 2023

Supreme Court Holds Biden Administration’s Mass Student Loan-Cancellation Program Unlawful

The Supreme Court held 6-3 that the HEROES Act does not authorize the Secretary of Education to cancel hundreds of billions of dollars in student loan balances.

Client Alert | June 30, 2023

Supreme Court Holds That U.S. Trademark Infringement Claims Must Be Based On Domestic Use In Commerce

The Supreme Court held that trademark infringement claims under the Lanham Act apply only where the claimed infringing “use in commerce” occurs in the United States. Our lawyers discuss this case.

Client Alert | June 29, 2023

Supreme Court Clarifies Standard For Assessing Whether A Religious Accommodation Would Result In An “Undue Hardship”

The Supreme Court clarified the standard employers must satisfy to show that granting a religious accommodation would create an “undue hardship” on the employer’s business.

Client Alert | June 29, 2023

The Supreme Court Limits The Use Of Race In College Admissions: Potential Impact On Workplace Diversity Programs

Gibson Dunn lawyers discuss a U.S. Supreme Court decision which held that Harvard’s and the University of North Carolina’s use of race in their admissions processes violated the Equal Protection Clause and Title VI of the Civil Rights Act, and what it might mean for employers.

Client Alert | June 29, 2023

Law360 Names Brad Hubbard a 2023 Appellate Rising Star

Dallas partner Brad Hubbard is one of five lawyers recognized as Law360's 2023 Appellate Rising Stars​. 

Firm News | June 28, 2023

Supreme Court Holds That Due Process Permits A State To Require Registered Businesses To Consent To General Jurisdiction

The U.S. Supreme Court ruled that due process does not prohibit a state from requiring that businesses consent to general personal jurisdiction as a condition of registering to do business in the state. Our lawyers analyze this ruling.

Client Alert | June 27, 2023

Gibson Dunn Ranked in 2023 U.S. Legal 500

Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2023 edition of The Legal 500 – United States.

Firm News | June 23, 2023

Supreme Court Holds That Appealing The Denial Of A Motion To Compel Arbitration Automatically Stays District Court Proceedings

Our lawyers discuss a U.S. Supreme Court decision that appealing the denial of a motion to compel arbitration automatically stays district court proceedings pending resolution of that appeal.

Client Alert | June 23, 2023

‘Ethics’ and the Supreme Court’s Independence

Washington, D.C. partner Helgi Walker is the author of "'Ethics' and the Supreme Court's Independence" [PDF] published by The Wall Street Journal on June 21, 2023.

Article | June 22, 2023

Supreme Court Holds That Foreign Plaintiffs Can Pursue Civil RICO Claims If They Suffered An Injury That Arose In The United States

Our lawyers discuss a U.S. Supreme Court decision which rejected a bright-line rule that would have precluded foreign plaintiffs from pursuing civil RICO claims, and instead held that foreign plaintiffs can satisfy civil RICO’s domestic-injury requirement if their injuries arose in the United States.

Client Alert | June 22, 2023

Law360 Names Five Gibson Dunn Lawyers as 2023 Rising Stars

Five Gibson Dunn lawyers were named among Law360’s Rising Stars for 2023, featuring “attorneys under 40 whose legal accomplishments belie their age.”

Firm News | June 20, 2023

Supreme Court Upholds The Federal Government’s Broad Authority To Dismiss False Claims Act Lawsuits After It Has Intervened

The U.S. Supreme Court held 8-1 that the federal government may move at any time to dismiss a False Claims Act lawsuit over the objection of a relator, so long as it first intervenes in the action.

Client Alert | June 16, 2023

The Two Teds – Episode 7 – How to Argue Before the U.S. Supreme Court

How do you win cases in the highest court in the U.S.? Ted Olson and Ted Boutrous are back to discuss the strategies that helped them win landmark cases before the U.S. Supreme Court.

The Two Teds | June 15, 2023

Webcast: Recent Developments at the New York Court of Appeals

Gibson Dunn lawyers recap recent decisions by the New York Court of Appeals.

Webcasts | June 14, 2023

Supreme Court Clarifies Limits Of First Amendment Defenses To Use Of Trademarks In “Parody” Products

Gibson Dunn lawyers discuss the Supreme Court's reversal of a decision that effectively barred trademark infringement and dilution claims against products that imitate a plaintiff’s trademark to identify the defendant’s products.

Client Alert | June 8, 2023

Federal Circuit Update (May 2023)

Our lawyers summarize news and key cases from the Federal Circuit from May 2023.

Client Alert | June 6, 2023

Supreme Court Holds That False Claims Act Scienter Turns On Defendant’s Knowledge And Subjective Beliefs

The Supreme Court recently held that an objectively reasonable interpretation of an ambiguous statutory or regulatory requirement does not preclude a finding that the defendant acted “knowingly” under the False Claims Act.

Client Alert | June 2, 2023

Gibson Dunn Earns 108 Top-Tier Rankings in Chambers USA 2023

In its 2023 edition, Chambers USA awarded Gibson Dunn 106 first-tier rankings, of which 36 were firm practice group rankings and 70 were individual lawyer rankings.

Firm News | June 1, 2023

Supreme Court Holds All Plaintiffs Suing Under Section 11 of the Securities Act of 1933 Must Show They Bought Registered Shares

The Supreme Court unanimously held that in a direct listing (just as in traditional IPOs), plaintiffs who claim that a company’s registration statement is misleading and who sue under Section 11 of the Securities Act of 1933 must plead and prove that they bought shares registered under that registration statement.

Client Alert | June 1, 2023