Appellate and Constitutional Law

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Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers

Washingtonian magazine named seven Washington, D.C. partners to its 2022 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas.

Firm News | January 3, 2023

Lessons From Justices’ Evolving Approach To COVID Rulings

New York partner Akiva Shapiro and of counsel William Moccia are the authors of "Lessons From Justices' Evolving Approach To COVID Rulings" published by Law360 on November 28, 2022. 

Article | November 28, 2022

Gibson Dunn Promotes 37 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP has elected 37 lawyers to its partnership, effective January 1, 2023.

Press Releases | November 15, 2022

Webcast: Nationwide Injunctions and the Practice of Forum Shopping

This webcast covers the rise of nationwide injunctions and their effect on public perception of the judicial system.

Webcasts | November 15, 2022

Third Quarter 2022 Update on Class Actions

Gibson Dunn lawyers provide an update on significant recent class action developments.

Client Alert | October 31, 2022

The National Law Journal Names Gibson Dunn to 2022 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2022 Appellate Hot List, which “highlights law firms that have handled exemplary appellate matters.”

Firm News | October 21, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 6, 2022

The Roberts Court’s Continued Protection of Religious Liberty

Orange County partner Blaine Evanson is the author of "The Roberts Court's Continued Protection of Religious Liberty" published by Orange County Lawyer in its October 2022 issue.

Article | October 4, 2022

The 2022 Term Was a Mixed Bag for Arbitration

Orange County partner Blaine Evanson is the author of "The 2022 Term Was a Mixed Bag for Arbitration" published by Orange County Lawyer in its October 2022 issue.

Article | October 4, 2022

U.S. Supreme Court Round-Up (September 2022)

Gibson Dunn’s Supreme Court Round-Up provides a preview of cases set to be argued during the October 2022 Term and other key developments on the Court’s docket.  During the October 2021 Term, the Court heard argument in 63 cases, including 1 original-jurisdiction case.

Client Alert | September 28, 2022

Class Actions to Reshape the Litigation Landscape in Europe in 2023

This client alert discusses a wave of class action legislation that will likely be seen towards the end of 2022. Many member states of the European Union will have to either devise new class action regimes or amend their existing provisions on collective redress.

Client Alert | August 23, 2022

California Supreme Court Holds That Seller’s Promotional Statements About Controversial Album Are Commercial Speech Not Subject To Full First Amendment Protection

The California Supreme Court held yesterday that a seller’s promotional statements about an artistic work of interest to the public amounted to commercial speech, regardless of whether the seller knew of the statements’ falsity.

Client Alert | August 19, 2022

Former Assistant to the Solicitor General Jonathan Bond Rejoins Gibson Dunn in Washington, D.C.

Gibson, Dunn & Crutcher LLP is pleased to announce that Jonathan Bond has rejoined the firm as a partner following a five-year term in public service.

Press Releases | August 15, 2022

Theodore B. Olson Will Serve on ABA’s Law, Society and the Judiciary Task Force

Washington, D.C. partner Theodore B. Olson was named as one of seven members of the American Bar Association’s newly formed Law, Society and the Judiciary Task Force.

Firm News | August 9, 2022

Appeals 2022: United Kingdom

London partners Doug Watson and Patrick Doris and associate Ronit Wineman are the authors of the "United Kingdom" chapter in the 2022 Appeals guide published by Lexology Getting the Deal Through. 

Article | August 4, 2022

Congress Should Codify Same-Sex Marriage

Washington, D.C. partner Theodore Olson, along with Kenneth Mehlman, are the co-authors of "Congress Should Codify Same-Sex Marriage," published by The Wall Street Journal on July 26, 2022. 

Article | August 4, 2022

Second Quarter 2022 Update on Class Actions

This update provides an overview of key class action-related developments during the second quarter of 2022 (April through June).

Client Alert | July 28, 2022

U.S. Court of Appeals for the Second Circuit Holds That Scheme Liability After Lorenzo Requires Conduct Beyond Misstatements and Omissions

On July 15, 2022, the United States Court of Appeals for the Second Circuit held that Lorenzo v. SEC did not abrogate existing case law holding that scheme liability requires something beyond misstatements and omissions.

Client Alert | July 20, 2022

Supreme Court Round-Up (July 2022)

Gibson Dunn’s Supreme Court Round-Up provides the questions presented in cases that the Court will hear in the upcoming Term, summaries of the Court’s opinions when released, and other key developments on the Court’s docket. 

Client Alert | July 11, 2022

California Supreme Court Holds Employee May Sue Staffing Agency’s Client Even After Settling Same Claims Against Agency

On June 30, 2022, the California Supreme Court held that an employee who brings an employment class action against a staffing agency and executes a settlement agreement releasing the agency and its agents may bring a second class action against the staffing agency’s client premised on the same violations.

Client Alert | July 1, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Gibson Dunn Ranked in 2022 U.S. Legal 500

Gibson Dunn earned 55 practice area rankings, including 17 top-tier rankings in the 2022 edition of The Legal 500 – United States.

Firm News | June 22, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

Client Alert | June 15, 2022

Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts

On June 13, 2022, the Supreme Court held 9-0 that parties to private arbitrations abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations.

Client Alert | June 13, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

Client Alert | June 6, 2022

Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022

In its 2022 edition, Chambers USA awarded Gibson Dunn 101 first-tier rankings, of which 37 were firm practice group rankings and 64 were individual lawyer rankings. Overall, the firm earned 348 rankings – 104 firm practice group rankings and 244 individual lawyer rankings.

Firm News | June 1, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

Client Alert | May 23, 2022

Julian W. Poon Inducted into the California Academy of Appellate Lawyers

Los Angeles partner Julian W. Poon was recently inducted into the California Academy of Appellate Lawyers (https://calappellate.org/), “an election-only organization devoted to excellence in appellate practice,” consisting of approximately 100 members.

Firm News | May 3, 2022

First Quarter 2022 Update on Class Actions

This update provides an overview of key class-action-related developments during the first quarter of 2022 (January through March).

Client Alert | April 28, 2022

Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance

Today, the Supreme Court held 6-3 that emotional-distress damages are not available in discrimination actions against recipients of federal financial assistance.

Client Alert | April 28, 2022

Supreme Court Holds That Late Petitions For Review Of IRS Collection Due Process Determinations Are Subject To Equitable Tolling

Today, the Supreme Court unanimously held that the Internal Revenue Code’s 30-day deadline for taxpayers to seek Tax Court review of “collection due process” determinations is a nonjurisdictional claims-processing rule that is subject to equitable tolling.

Client Alert | April 21, 2022

Supreme Court Holds That Regulation Applying Different Rules To Off-Premises Advertisements Is Content Neutral

Today, the Supreme Court held that a regulation treating on-premises signs—those that contain advertisements for the place where the signs are located—differently from off-premises signs is content neutral and therefore not subject to strict scrutiny under the First Amendment.

Client Alert | April 21, 2022

Gibson Dunn Appoints Thomas Dupree and Julian Poon to Join Allyson Ho as Co-Chairs of the Appellate and Constitutional Law Practice Group

Gibson, Dunn & Crutcher LLP is pleased to announce that partners Thomas H. Dupree Jr. and Julian W. Poon will serve as Co-Chairs of the Appellate and Constitutional Law Practice Group alongside partner and current Co-Chair Allyson Ho.

Press Releases | April 13, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards

On March 31, 2022, the Supreme Court held 8-1 that federal jurisdiction to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act must exist independent of the underlying controversy - that is, courts cannot “look through” to the underlying dispute to establish federal subject-matter jurisdiction.

Client Alert | March 31, 2022

Benchmark Litigation Names Gibson Dunn as East Coast Appellate Firm of the Year

Benchmark Litigation named Gibson Dunn as the “East Coast Appellate Firm of the Year” at its 2022 East Coast Awards. Additionally, Benchmark named Epic v. Apple as an Impact Case.

Firm News | March 25, 2022

New York Court of Appeals Rules That Interactive Fantasy Sports Contests Do Not Constitute Gambling Under State Constitution

In a closely followed decision that directly addresses an issue of critical importance for the interactive fantasy sports industry, in which daily fantasy sports are a subset, the New York Court of Appeals held on March 22, 2022 that interactive fantasy sports contests do not constitute “gambling” within the meaning of New York’s constitutional prohibition on gambling.

Client Alert | March 25, 2022

Supreme Court Holds That A Mistake Of Law Can Excuse An Inaccurate Copyright Registration

On February 24, 2022, the Supreme Court held 6-3 that a copyright holder can file a copyright infringement suit even if its copyright registration application included inaccurate information that was the result of an innocent mistake of fact or law.

Client Alert | February 24, 2022

California Supreme Court Adopts New Standard for Whistleblower Retaliation Claims

On January 27, 2022, the Supreme Court of California issued a decision that changes the burden for employers that are defending against current or former employees’ whistleblower retaliation claims.

Client Alert | January 28, 2022

Year-End and Fourth Quarter 2021 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2021 (October through December).

Client Alert | January 27, 2022

2020/2021 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s ninth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 76 precedential patent opinions issued by the Federal Circuit between August 1, 2020 and July 31, 2021. 

Client Alert | January 27, 2022

Supreme Court Holds That Investor Choice Does Not Categorically Preclude ERISA Claims For Breach Of Fiduciary Duty

On Monday, January 24, 2022, the Supreme Court held 8-0 that offering inexpensive investment options, together with other allegedly high-cost options, in a defined-contribution retirement plan does not itself categorically foreclose a claim for breach of ERISA’s duty of prudence.

Client Alert | January 24, 2022

Gibson Dunn Named a 2021 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2021 in its January 17, 2022 article "The Firms That Dominated in 2021,” featuring nine firms that received the most Practice Group of the Year awards.

Firm News | January 19, 2022

Supreme Court Stays OSHA Vaccine-Or-Testing Mandate

On Thursday, January 13, 2022, by a 6–3 vote, the Supreme Court prevented the implementation of an OSHA rule that would have imposed a vaccine-or-testing regime on employers with 100 or more employees.

Client Alert | January 13, 2022

Webcast: Supreme Court Roundup: 2020-2021 Terms

The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.

Webcasts | January 13, 2022

The Two Teds – Episode 6 – The Supreme Court’s Current Term

The current Supreme Court term promises to be one of the most eventful and impactful in recent memory. In this episode of "The Two Teds," Ted Boutrous and Ted Olson discuss some of the key cases that will be heard during this session, covering topics that include abortion rights and the First Amendment.

Podcasts | December 21, 2021

New York Court of Appeals Round-Up & Preview

The New York Court of Appeals Round-Up & Preview summarizes key opinions in civil cases issued by the Court over the past year and highlights a number of cases of potentially broad significance that the Court will hear during the coming year. 

Client Alert | December 20, 2021

Supreme Court Round-Up (November 2021)

Gibson Dunn’s Supreme Court Round-Up provides the questions presented in cases that the Court will hear in the upcoming Term, summaries of the Court’s opinions when released, and other key developments on the Court’s docket. 

Client Alert | November 30, 2021

Gibson Dunn Promotes 27 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 27 new partners, effective January 1, 2022. 

Press Releases | November 4, 2021

Best Lawyers® Names Gibson Dunn Appellate Law Firm of the Year for 2022

Best Lawyers® awarded Gibson Dunn its 2022 Law Firm of the Year for Appellate Practice.

Firm News | November 4, 2021