Appellate and Constitutional Law

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Federal Circuit Update (March 2021)

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

Client Alert | April 5, 2021

Supreme Court Holds That Google’s Use Of Oracle’s Java Software Interface Is Fair Use

On April 5, 2021, the Supreme Court held 6-2 that Google’s use of the Java interface in the Android platform falls within the fair use doctrine. 

Client Alert | April 5, 2021

Supreme Court Holds That FCC Permissibly Relaxed Media Ownership Limits

On April 1, 2021, the Supreme Court held 9-0 that the Federal Communications Commission (FCC) permissibly relaxed three decades-old rules limiting ownership of broadcast stations as part of its quadrennial regulatory review under § 202(h) of the Telecommunications Act. 

Client Alert | April 1, 2021

Supreme Court Declines To Extend Telephone Consumer Protection Act’s Coverage Of Automatic Telephone Dialing Systems

On April 1, 2021, the Supreme Court unanimously held that a device counts as an automatic telephone dialing system under the Telephone Consumer Protection Act only if it stores or produces telephone numbers using a random or sequential number generator. 

Client Alert | April 1, 2021

The Two Teds – Episode 2 – Bush v Gore and Election Litigation

On this episode of “The Two Teds,” Ted Olson and Ted Boutrous take a deep dive into Bush v Gore and explain what it took to manage the sprawling legal team and prepare for arguments. They also tackle the most recent election and draw parallels – and differences – between the 2020 and 2000 elections.  

Podcasts | March 18, 2021

The Two Teds – Episode 1 – Opening Statements

In this first episode of “The Two Teds” podcast series, Ted Boutrous and Ted Olson discuss the paths that led them to become two of America’s leading litigators.

Podcasts | March 17, 2021

Federal Circuit Update (February 2021)

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

Client Alert | March 3, 2021

The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on State Responsibility for Climate Change

On February 3, 2021, the Administrative Court of Paris ruled that a liability action brought by several environmental protection associations against the French State, seeking recognition of its failure to act against climate change, was admissible, that the ecological damage alleged by the associations was established and that the French State was partially responsible for it.

Client Alert | February 26, 2021

Three Gibson Dunn Cases Named Top Verdicts of the Year 2020

The Daily Journal recognized three Gibson Dunn wins in its annual feature on the top verdicts in California for 2020. The publication named Judd v. Weinstein and Pico Neighborhood Association v. City of Santa Monica among its Top 5 Appellate Reversals and Kirkman et al.

Firm News | February 16, 2021

Federal Circuit Update (January 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three pending Supreme Court cases originating in the Federal Circuit and key filings for certiorari review. We address the Federal Circuit’s updates to its Oral Argument Guide and its new procedures for handling highly sensitive information.  And we discuss other recent Federal Circuit decisions concerning the validity of assignment agreements, motions to transfer from the Western District of Texas, waiver, forfeiture, and venue for ANDA cases.

Client Alert | February 1, 2021

First Circuit Narrows Scope of the Wire Act, Reversing Office of Legal Counsel Opinion

In a decision with far-reaching implications for the online gaming industry, on January 20, 2021, the U.S. Court of Appeals for the First Circuit held that the prohibition on the transmission of interstate wagers under the Wire Act, 28 U.S.C. § 1084, applies only to bets and wagers placed on sporting events, and not, as the Office of Legal Counsel within the United States Department of Justice had opined, to all types of bets and wagers.

Client Alert | January 27, 2021

California Attorney General End of Term Update

Gibson Dunn provides this January 2021 end-of-term update summarizing the most significant recent work of California AG Becerra’s elected term in office, and providing some initial thoughts about how his successor will deploy the Office’s resources in 2021 and beyond as California finds a new partner in the incoming Biden Administration.

Client Alert | January 25, 2021

Year-End and Fourth Quarter 2020 Update on Class Actions

Gibson Dunn's year-end 2020 report provides an update on the application of Article III in class and other complex litigation.

Client Alert | January 22, 2021

Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2020 Top Lawyers

Washingtonian magazine named five Washington, D.C. partners to its 2020 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas:

Firm News | January 21, 2021

Webcast: Supreme Court Roundup

In this webcast, two Gibson Dunn lawyers provide a summary and analysis of the significant and high-profile cases before the Supreme Court this Term, particularly those affecting the business community.

Webcasts | January 19, 2021

2019/2020 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s eighth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 130 precedential patent opinions issued by the Federal Circuit between August 1, 2019 and July 31, 2020.

Client Alert | January 11, 2021

Invalid appointments and the restoration of DACA

San Francisco partner Ethan Dettmer and Washington, D.C. associates Suria Bahadue and Matthew Rozen are the authors of "Invalid appointments and the restoration of DACA," [PDF] published by the Daily Journal on January 4, 2021.

Publications | January 7, 2021

Tips for District Court Amicus Brief Success

New York partner Akiva Shapiro and associates Lee Crain and Amanda LeSavage are the authors of "Tips for District Court Amicus Brief Success," [PDF] published by the New York Law Journal on December 23, 2020.

Publications | December 23, 2020

Supreme Court Holds That ERISA Does Not Preempt Arkansas’ Law Regulating Pharmacy Reimbursement Rates

On December 10, 2020, the Supreme Court held 8-0 that ERISA does not preempt an Arkansas statute regulating the rates at which pharmacy benefit managers reimburse pharmacies for prescription drug costs.

Client Alert | December 10, 2020

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 7, 2020

Holocaust Survivors Deserve Their Day in Court

New York partner Akiva Shapiro is the author of "Holocaust Survivors Deserve Their Day in Court," [PDF] published by The Wall Street Journal on December 6, 2020.

Publications | December 6, 2020

Gibson Dunn Named a 2020 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2020 in its November 30, 2020 article "The Firms That Dominated in 2020,” featuring eight firms that received the most Practice Group of the Year awards.

Firm News | December 2, 2020

Gibson Dunn Secures Landmark Supreme Court Decision Enjoining COVID-19 Restrictions On Houses of Worship

On November 25, 2020, the Supreme Court ruled in favor of Gibson Dunn client The Roman Catholic Diocese of Brooklyn, New York, holding that provisions of a New York Executive Order that imposed “severe” fixed-capacity restrictions on attendance at religious services likely violate the Free Exercise Clause of the First Amendment, were causing irreparable harm, and must be enjoined pending appeal. 

Client Alert | November 30, 2020

The National Law Journal Names Gibson Dunn to 2020 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2020 Appellate Hot List, which features law firms that “tackled novel issues and undoubtedly overcame unprecedented challenges over the past year, boasting high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas.” The Appellate Hot List was published on November 1, 2020.

Firm News | November 3, 2020

The Jurisprudence of Supreme Court Nominee Amy Coney Barrett

To assess Judge Amy Coney Barrett’s likely impact on the Supreme Court, Gibson Dunn's Appellate and Constitutional Law Practice Group has analyzed a sample of her written opinions in her three years as a Judge on the United States Court of Appeals for the Seventh Circuit.

Client Alert | October 22, 2020

Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2021 edition and named 66 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 16, 2020

Law360 Names Eight Gibson Dunn Partners as 2020 MVPs

Law360 named eight Gibson Dunn partners among its 2020 MVPs. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on October 4, 2020.

Firm News | October 5, 2020

Supreme Court Round-Up (October 2020)

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 | October 5, 2020

Supreme Court Round-Up (September 2020)

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 | September 15, 2020

Matthew McGill Named a Washington, D.C. Trailblazer

The National Law Journal named Washington, D.C. partner Matthew McGill among its 2020 Washington, D.C. Trailblazers. McGill was recognized for his work convincing the Supreme Court to strike down the Professional and Amateur Sports Protection Act of 1992.

Firm News | September 9, 2020

California Supreme Court Round-Up – August 2020

The California Supreme Court Round-Up previews upcoming cases and summarizes select opinions issued by the Court.  This edition includes opinions handed down from December 2019 through August 2020, organized by subject. 

Client Alert | August 21, 2020

California Supreme Court Announces 7-Factor “Good Cause” Test for Third-Party Subpoenas

On August 13, 2020, the California Supreme Court issued its ruling in Facebook v. Superior Court (“Touchstone”). The decision provides a framework for courts evaluating a criminal defendant’s third-party subpoena of records relating to a crime victim or prosecution witness.

Client Alert | August 14, 2020

INSIGHT: The SEC’s Failing Report Card on Regulatory Losses

Washington, D.C. partner Thomas Hungar is the author of "INSIGHT: The SEC's Failing Report Card on Regulatory Losses," [PDF] published by Bloomberg Law on July 31, 2020.

Publications | August 4, 2020

California Supreme Court Answers Important Questions About The Bounds Of Legitimate Business Competition Under California Tort And Antitrust Law

On August 3, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on important questions about the bounds of legitimate business competition under California tort and antitrust law in Ixchel Pharma, LLC v. Biogen, Inc.

Client Alert | August 4, 2020

Developments in Immigration and Customs Enforcement of Foreign Student Visa Policy Under COVID-19

The COVID-19 pandemic has posed challenges for international students, and the universities and colleges they attend, as they prepare for the Fall 2020 school semester. Post-secondary education institutions responded to these challenges by considering the best interests, as well as the health and safety, of their students in shaping revised programming and remote learning opportunities. This Client Alert provides an overview of an Immigration and Customs Enforcement (“ICE”) policy that instructed international students they could not remain in the country if their schools provided only online classes; litigation brought against that policy, which led to a rescission of the challenged policy; and subsequent developments, including a new policy that would permit international students who were enrolled as of March 9, 2020 to reenter the country and attend an online-only school while prohibiting international students who would be new to the school from doing the same.

Client Alert | August 3, 2020

Supreme Court quietly eliminates critical constitutional protections

Washington, D.C. partner Joshua Lipshutz and San Francisco associates Warren Loegering and Zach Tan are the authors of "Supreme Court quietly eliminates critical constitutional protections," [PDF] published by the Daily Journal on July 20, 2020.

Publications | July 21, 2020

Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation

Gibson Dunn provides a round-up of the U.S. Supreme Court’s decisions in the 2019 Term with a particular emphasis on business litigation developments, with a preview of the October 2020 Term.

Client Alert | July 20, 2020

Supreme Court Round-Up (July 2020)

Following the close of the Supreme Court’s 2019 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the Court’s opinions, the questions presented in cases that the Court will hear next Term, and other key developments on the Court’s docket. 

Client Alert | July 15, 2020

U.S. Supreme Court to Weigh FTC Restitution Authority

On Thursday, July 9, 2020, the U.S. Supreme Court consolidated and agreed to review two closely watched cases, FTC v. Credit Bureau Center, LLC and AMG Capital Management, LLC v. FTC), concerning whether Section 13(b) of the Federal Trade Commission Act authorizes the FTC to seek an award of restitution.

Client Alert | July 13, 2020

Ninth Circuit Asks The New York Court of Appeals Whether Litigation Financing Agreements Are “Usurious”

The New York Court of Appeals recently accepted a certified question from the United States Court of Appeals for the Ninth Circuit that could have far-reaching consequences for the litigation funding industry.

Client Alert | July 10, 2020

Westlaw: Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic

New York partner Avi Weitzman, Washington, D.C. partner Mark Perry and New York partner Akiva Shapiro are the authors of "Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic," [PDF] published by Westlaw on July 1, 2020.

Publications | July 6, 2020

Supreme Court Upholds TCPA’s Robocall Ban, But Strikes Government-Debt Exception As Unconstitutional Under First Amendment

On July 6, 2020, the Supreme Court held 6-3 that the federal-debt-collection exception to the TCPA’s robocall ban violates the First Amendment, but also held 7-2 that the proper remedy is to sever the exception—leaving in place the entirety of the TCPA’s 1991 ban on robocalls. 

Client Alert | July 6, 2020

California Supreme Court Answers Critical Questions on Jurisdictional Scope of Certain Labor Laws and Minimum Wage Compliance for Employers Utilizing Non-Hourly Wage Units

On June 29, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on pressing questions of California employment law in Oman v. Delta Airlines.

Client Alert | July 1, 2020

Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional

On June 29, 2020, the Supreme Court held 5-4 that the single-Director structure of the Consumer Financial Protection Bureau violates the Constitution’s separation of powers, but ruled 7-2 that the proper remedy is to sever the Director’s statutory for cause removal restriction, thereby making the Director removable by the President at will. 

Client Alert | June 29, 2020

California Supreme Court Holds That District Attorneys May Seek Statewide Civil Penalties and Restitution Under Unfair Competition Law

On June 25, 2020, the California Supreme Court issued its second major Unfair Competition Law (UCL) opinion of the term, unanimously deciding that local prosecutors have the power to seek civil penalties for violations in California that occur outside their territorial jurisdiction.

Client Alert | June 26, 2020

High Court Should Review Goldman’s Maintenance Theory

Washington, D.C. partners Miguel Estrada and Mark Perry and associate Kellam Conover are the authors of "High Court Should Review Goldman's Maintenance Theory," [PDF] published by Law360 on June 24, 2020.

Publications | June 25, 2020

COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border

Orange County partner Blaine Evanson and Los Angeles associates Daniel Adler and William Cole are the authors of "COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border," [PDF] published by Reason on June 19, 2020.

Publications | June 22, 2020

Supreme Court Limits Disgorgement Remedy In SEC Civil Enforcement Actions

On June 22, 2020, the Supreme Court held 8-1 that although the SEC may seek disgorgement in civil enforcement actions, the remedy must be limited to the wrongdoer’s net profits and be awarded for the benefit of victims. 

Client Alert | June 22, 2020

Supreme Court Rejects DHS’s Decision To Terminate DACA

On June 18, 2020, in a 5-4 decision, the Supreme Court held that DHS’s decision to terminate the Deferred Action for Childhood Arrivals policy is unlawful. 

Client Alert | June 18, 2020

Supreme Court Holds That Title VII’s Prohibition On Discrimination Because Of Sex Includes Sexual Orientation And Transgender Status Discrimination

On June 15, 2020, the Supreme Court held 6-3 that the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 encompasses employment discrimination because of a person’s sexual orientation or transgender status. 

Client Alert | June 15, 2020