Appellate and Constitutional Law

669 Search Results

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

Third Quarter 2021 Update on Class Actions

This update provides an overview of key class action developments during the third quarter of 2021. 

Client Alert | November 2, 2021

Richard Birns and Theodore Olson Named Sports Law Power Players

Sports Business Journal recognized New York partner Richard Birns and Washington, D.C. partner Theodore Olson in its “Power Players: Outside Counsel” list.

Firm News | October 29, 2021

The National Law Journal Names Gibson Dunn to 2021 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2021 Appellate Hot List, which “highlights law firms that have handled exemplary appellate matters.” The winners were recognized at an awards event on October 20, 2021.

Firm News | October 21, 2021

Who’s Who Legal 2021 Recognizes Eight Gibson Dunn Partners in Commercial Litigation

Eight Gibson Dunn partners were featured by Who’s Who Legal in its Commercial Litigation 2021 guide.

Firm News | October 19, 2021

The Two Teds – Episode 5 – DACA, Dreamers and Immigration

On this episode of the podcast, Ted Olson and Ted Boutrous explore our firm's work involving immigration, including challenging the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals ("DACA") and defending the rights of "Dreamers."

Podcasts | October 13, 2021

Benchmark Litigation US 2022 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2022 edition and named 79 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 13, 2021

Gibson Dunn Named Patent Litigation Firm of the Year by LMG Life Sciences

LMG Life Sciences named Gibson Dunn as the “General Patent Litigation Firm of the Year” at its annual awards ceremony.  In addition, three Gibson Dunn partners were named Litigator of the Year in their respective practices.

Firm News | September 23, 2021

California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers

On September 9, the Supreme Court of California issued its ruling in Sandoval v. Qualcomm Inc.  The decision is the latest in a line of cases reinforcing the strong presumption under California law that a person who hires an independent contractor delegates to the contractor all responsibility for the safety of contract workers.

Client Alert | September 10, 2021

Federal Circuit Update (August 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes new petitions for certiorari in cases originating in the Federal Circuit concerning the Patent Trial and Appeal Board’s NHK-Fintiv Rule.  This Update also discusses recent Federal Circuit decisions.  Notably, starting with the September 2021 court sitting, the court has now resumed in-person arguments.

Client Alert | September 8, 2021

Randy Mastro and Akiva Shapiro Named Litigators of the Week

The Am Law Litigation Daily named New York partners Randy Mastro and Akiva Shapiro as its Litigators of the Week for their “extraordinary SCOTUS win for New York landlords” in securing a writ of injunction in a constitutional challenge to New York State's COVID‑19 eviction moratorium.

Firm News | August 23, 2021

Second Quarter 2021 Update on Class Actions

Gibson Dunn lawyers examine key class action developments during the second quarter of 2021, particularly court decisions surrounding Article III standing.

Client Alert | August 23, 2021

Supreme Court Enjoins Enforcement of New York State’s Eviction Moratorium

On Thursday, August 12, 2021, the Supreme Court granted Gibson Dunn’s request for an extraordinary writ of injunction pending appeal and held that New York State’s eviction moratorium law (“CEEFPA”)—which bars landlords from commencing or continuing eviction proceedings against any tenants who self-certify that they are suffering a COVID-related “hardship,” with no opportunity for property owners to challenge those hardship claims—is inconsistent with fundamental due process principles.

Client Alert | August 13, 2021

Alice at Six: Patent Eligibility Comes of Age

Washington, D.C. partner Mark Perry and San Francisco associate Jaysen Chung are the authors of "Alice at Six: Patent Eligibility Comes of Age," [PDF] published by the Chicago-Kent Journal of Intellectual Property on August 2, 2021.

Article | August 4, 2021

Federal Circuit Update (July 2021)

This edition of Gibson Dunn’s Federal Circuit Update discusses recent Federal Circuit decisions concerning pleading requirements, obviousness, and more Western District of Texas venue issues.  Also this month, the U.S. Senate voted to confirm Tiffany P. Cunningham to be United States Circuit Judge for the Federal Circuit and Federal Circuit Judge Kathleen O’Malley announced her retirement.

Client Alert | August 2, 2021

Supreme Court Round-Up (July 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 | July 9, 2021

Federal Circuit Update (June 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for June 2021, including the Supreme Court’s decisions in Arthrex and Minerva Surgical.

Client Alert | July 6, 2021

Supreme Court Holds That California’s Donor Disclosure Law Violates The First Amendment

On July 1, 2021, the Supreme Court held 6-3 that California’s requirement that non-profit organizations disclose their donor lists unconstitutionally burdens those organizations’ expressive association rights, in violation of the First Amendment.

Client Alert | July 1, 2021

The Two Teds – Episode 4 – Marriage Equality

On this episode of the podcast, Ted Olson and Ted Boutrous talk about the landmark court cases that helped to define marriage equality in the United States, including their work in overturning California’s Proposition 8.

Podcasts | June 30, 2021

Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel

Today, the Supreme Court upheld the doctrine of assignor estoppel in patent cases, concluding in a 5-4 decision that a patent assignor cannot, with certain exceptions, subsequently challenge the patent’s validity.

Client Alert | June 29, 2021

Supreme Court Holds That Private Parties Can Sue States To Seize State Property Along Federally Approved Pipeline Routes

On June 29, 2021, the Supreme Court held in a 5-4 decision that the Natural Gas Act authorizes a private party who has obtained federal government approval to exercise eminent domain power along a federally approved pipeline route to sue a State to condemn state land.

Client Alert | June 29, 2021

Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards

On June 25, 2021, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each year since the program commenced in 2011.

Client Alert | June 25, 2021

Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages

Today, the Supreme Court ruled 5-4 that every member of a class certified under Rule 23 must establish Article III standing in order to be awarded individual damages.

Client Alert | June 25, 2021

Supreme Court Holds Federal Housing Finance Agency’s Structure Unconstitutional; Remands For Further Proceedings On Appropriate Remedy

On June 23, 2021, the Supreme Court held 6-3 that the structure of the Federal Housing Finance Agency—led by a single Director, removable only “for cause”—violates the Constitution’s separation of powers, but ruled 8-1 that a remand is necessary to determine the proper scope of relief.

Client Alert | June 23, 2021

New York Court of Appeals Adds Two New Judges

On June 8, 2021, the New York Senate confirmed the appointment of Anthony Cannataro and Madeline Singas to the seven-member New York Court of Appeals. Gibson Dunn lawyers provide an overview of the appointments.

Client Alert | June 21, 2021

Supreme Court Tells Second Circuit To Clarify Securities Class Certification Ruling, And Holds That Defendants Have The Burden Of Persuasion In Rebutting The Basic Presumption

On June 21, 2021, the Supreme Court held 8-1 that the Second Circuit must clarify its reasoning in its certification of a securities class action against Goldman Sachs, and held 6-3 that the defendant bears the burden of persuasion when attempting to rebut the “fraud on the market” presumption.

Client Alert | June 21, 2021

Supreme Court Holds That Sherman Act Bars NCAA From Limiting Education-Related Benefits For Student-Athletes

On June 21, 2021, the Supreme Court unanimously held that the NCAA’s current limits on education-related benefits for student-athletes violate the Sherman Act.

Client Alert | June 21, 2021

Supreme Court Holds That The Constitution Requires Administrative Review of PTAB Decisions

On June 21, 2021, the Supreme Court held 5-4 that the absence of Executive Branch review of decisions rendered by Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB) violates the Appointments Clause, and that the proper remedy is to sever a statutory provision so that the Director of the Patent and Trademark Office may review PTAB decisions.

Client Alert | June 21, 2021

Supreme Court Limits Extraterritorial Reach Of The Alien Tort Statute

On June 17, 2021, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support liability under the Alien Tort Statute.

Client Alert | June 17, 2021

Supreme Court Rejects A Challenge To The Affordable Care Act’s Individual Mandate Because Plaintiffs Have No Standing

On June 17, 2021, the Supreme Court rejected another challenge to the Affordable Care Act’s individual mandate because the plaintiffs lacked standing to challenge it.

Client Alert | June 17, 2021

Supreme Court Holds That The First Amendment Prohibits Philadelphia From Requiring Catholic Foster-Placement Agency To Certify Same-Sex Couples As Foster Parents

On June 17, 2021, the Supreme Court held 9-0 that Philadelphia violated the First Amendment by refusing to contract with a Catholic agency for declining to certify same-sex couples as foster parents.

Client Alert | June 17, 2021

Webcast: The Supreme Court’s Omnicare Decision: A Key Tool for Defending Securities Litigation Brought Against Life Sciences Companies

For the past several years, life sciences companies have been a frequent target of securities class action lawsuits. In this webcast, a panel from Gibson Dunn and Cornerstone Research provide an overview of trends and developments in such lawsuits, and discuss how the U.S. Supreme Court's Omnicare decision may be applied in life sciences cases. 

Webcasts | June 16, 2021

New York Court of Appeals Clarifies Reach of New York Consumer Protection Statute

On June 3, 2021, the New York Court of Appeals issued an important decision clarifying the reach of New York’s consumer protection statute, which broadly prohibits any deceptive, “consumer-oriented” business conduct.

Client Alert | June 9, 2021

Federal Circuit Update (May 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for May 2021.

Client Alert | June 8, 2021

Supreme Court Narrows Scope Of Computer Fraud and Abuse Act, Holding It Does Not Prohibit Accessing Otherwise Available Information For An Improper Purpose

On June 3, 2021, the U.S. Supreme Court held 6-3 that the Computer Fraud and Abuse Act does not cover obtaining information for an improper purpose if the user is otherwise authorized to access that information.

Client Alert | June 3, 2021

Supreme Court Holds That Only Superfund-Specific Settlements Can Trigger Contribution Under CERCLA Section 113(f)(3)(B)

On May 24, 2021, the Supreme Court held 9-0 that only the resolution of CERCLA-specific liability could give rise to a contribution claim under the Superfund statute.

Client Alert | May 25, 2021

Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021

In its 2021 edition, Chambers USA awarded Gibson Dunn 94 first-tier rankings, of which 33 were firm practice group rankings and 61 were individual lawyer rankings.

Firm News | May 20, 2021

Supreme Court Confirms That Appellate Courts Have Broad Authority To Review Entirety Of Appealable Remand Orders

On May 17, 2021, the Supreme Court held 7-1 that appellate courts have jurisdiction to review all grounds for removal in a remand order so long as removal is premised in part on the federal-officer removal statute or the civil-rights removal statute.

Client Alert | May 17, 2021

Supreme Court Holds That Anti-Injunction Act Does Not Bar Pre-Enforcement Challenges To Reporting Mandates Backed By Both Tax Penalties And Criminal Punishment

On May 17, 2021, the Supreme Court unanimously held that the Anti-Injunction Act does not bar pre-enforcement judicial review of reporting mandates enforced by tax penalties, at least when a mandate is also enforced by criminal punishment.

Client Alert | May 17, 2021

Appeals 2021: United States

Washington, D.C. partner Mark Perry and Los Angeles partner Perlette Michèle Jura are the authors of the "United States" [PDF] chapter in Appeals 2021 published by Lexology in May 2021.

Article | May 6, 2021

Federal Circuit Update (April 2021)

Gibson Dunn lawyers discuss developments at the U.S. Circuit Court of Appeals for the Federal Circuit for April 2021.

Client Alert | May 3, 2021

Supreme Court Restricts Power Of The Federal Trade Commission To Seek Monetary Relief In Courts

On April 22, 2021, the Supreme Court held 9-0 that Section 13(b) of the Federal Trade Commission Act, which authorizes federal courts to issue “permanent injunction[s]” in FTC enforcement actions, does not include the power to award equitable monetary relief such as restitution.

Client Alert | April 22, 2021

The Two Teds – Episode 3 – The First Amendment

Protecting First Amendment rights has long been a hallmark of Gibson Dunn’s practice. In particular, we have vigilantly defended freedom of the press and its indispensable role in a healthy democracy. On this episode of the podcast, Ted Boutrous and Ted Olson discuss some of the most important and interesting First Amendment cases they've worked on.

Podcasts | April 19, 2021

Gibson Dunn Wins Six Awards at 2021 Benchmark Litigation US Awards Ceremony

Benchmark Litigation recognized Gibson Dunn at its 2021 Benchmark US awards ceremony with six awards. Gibson Dunn was named East Coast Appellate Firm of the Year, California Antitrust Firm of the Year and California Labor & Employment Firm of the Year.

Firm News | April 5, 2021

Thomas Dupree Named Litigator of the Week

The Am Law Litigation Daily named Washington, D.C. partner Thomas Dupree a Litigator of the Week for successfully securing a California Court of Appeal ruling unanimously in favor of FCA US in a case involving California’s lemon law that was closely watched by the automobile industry.

Firm News | April 5, 2021