On April 27, 2020, a divided Supreme Court held in Georgia v. Public.Resource.Org, Inc. that Copyright protection does not extend to the annotations contained in Georgia’s official annotated code. The “government edicts” doctrine, the Court held, puts Georgia’s annotations outside the reach of copyright protection because they are created by an arm of the Georgia legislature acting in the course of its legislative duties.
Client Alert | May 7, 2020
This edition of Gibson Dunn’s Federal Circuit Update summarizes the three Supreme Court decisions in cases originating in the Federal Circuit decided in April and key filings for certiorari review, as well as other developments from the court.
Client Alert | May 6, 2020
The COVID-19 pandemic has resulted in unprecedented governmental actions at the federal, state, and local levels. Those actions have raised substantial constitutional questions.
Client Alert | May 1, 2020
On April 30, 2020, the California Supreme Court issued a long-awaited opinion in Nationwide Biweekly Administration Inc. v. Superior Court, regarding whether civil actions brought by governmental entities on behalf of the People, seeking statutory penalties under the Unfair Competition Law, Business and Professions Code §§ 17200 et seq. (UCL), and False Advertising Law (FAL), Business and Professions Code §§ 17500 et seq., must be tried to a jury.
Client Alert | May 1, 2020
Orange County partner Blaine Evanson and Orange County associates Taylor King, Jessica Hudak and Monica Paladini are the authors of "Argued Vs. Submitted Cases At 9th Circ.
Publications | April 27, 2020
On April 27, the Supreme Court held 8-1 that Congress failed to effectively repeal the government’s obligation to make more than $12 billion in payments to insurers under the Patient Protection And Affordable Care Act risk corridors program, and insurers may sue to recover the missed payments.
Client Alert | April 27, 2020
In its 2020 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 84 first-tier rankings, of which 31 were firm practice group rankings and 53 were individual lawyer rankings.
Firm News | April 24, 2020
Gibson Dunn lawyers provide an overview and summary of key class action developments during the first quarter of 2020 (January through March).
Client Alert | April 24, 2020
On April 23, 2020, the Supreme Court held 6-3 that the Clean Water Act requires a permit for the indirect discharge of pollutants from point sources to navigable waters via nonpoint sources, such as groundwater, if the discharge is the functional equivalent of a direct discharge.
Client Alert | April 23, 2020
On April 23, 2020, the Supreme Court unanimously held that under the Lanham Act, proof of willful trademark infringement is not a precondition to a mark holder’s recovery of the infringer’s profits.
Client Alert | April 23, 2020
On April 20, 2020, the U.S. Supreme Court granted certiorari in Van Buren v. United States, to address a decade-long circuit split regarding the scope of the Computer Fraud and Abuse Act (CFAA), a statute the Supreme Court has never before interpreted and that is routinely invoked in both criminal and civil settings.
Client Alert | April 22, 2020
On April 20, 2020, the U.S. Supreme Court held 7-2 that the Patent Trial and Appeal Board’s decision whether a petition for inter partes review is time-barred is not judicially reviewable.
Client Alert | April 20, 2020
On April 20, 2020, the U.S. Supreme Court held 7-2 that landowners at Superfund toxic waste sites must obtain EPA approval before seeking damages under state law for cleanup beyond what EPA has ordered.
Client Alert | April 20, 2020
In a previous alert, we discussed the constitutional principles governing legislative responses to COVID-19 under the Takings, Contracts, Due Process, and Equal Protection Clauses of the U.S. Constitution. Here, Gibson Dunn applies those principles to proposals currently being debated in state legislatures that would provide broad residential and commercial rent and mortgage relief.
Client Alert | April 15, 2020
On April 13, the Supreme Court announced that for the remainder of this Term, it will hear (by telephone) only 10 of the twenty cases that were previously scheduled for oral argument in March and April 2020. The remaining cases apparently “will be carried over and the arguments will be conducted early in the 2020 term.”
Client Alert | April 14, 2020
Los Angeles partner Theodore J. Boutrous Jr. is the author of "Why Trump’s frivolous libel lawsuit against the New York Times is dangerous," [PDF] published in The Washington Post on February 29, 2020.
Publications | April 8, 2020
On April 2, 2020, the California Supreme Court issued an important opinion regarding the right of parties to agree to waive the mandatory provisions for service of process abroad under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.
Client Alert | April 6, 2020
Gibson Dunn lawyers discuss the constitutionality of proposed and actual legislative and executive action during the COVID-19 pandemic.
Client Alert | March 27, 2020
On March 23, 2020, the U.S. Supreme Court held 9-0 that a plaintiff who sues for racial discrimination under 42 U.S.C. § 1981 must plead facts plausibly showing that the discrimination was a “but-for” cause of the challenged action.
Client Alert | March 23, 2020
Orange County partner Blaine Evanson and Washington, D.C. associates Lochlan Shelfer and Jeremy Christiansen are the authors of “Arguments shed light on justices' thinking in Seila v. CFPB,” [PDF] published by the Daily Journal on March 16, 2020.
Publications | March 20, 2020
On February 26, 2020, the U.S. Supreme Court unanimously held that a fiduciary’s disclosure of plan information alone does not trigger ERISA’s three-year limitations period in fiduciary breach cases.
Client Alert | February 26, 2020
Orange County partner Blaine Evanson and Washington, D.C. associate Jeremy Christiansen are the authors of “Rimini V. Oracle's Ripple Effect On Textualism, Expenses,” [PDF] published by Law360 on February 6, 2020.
Publications | February 7, 2020
Gibson, Dunn & Crutcher LLP is pleased to announce the winners of the firm’s annual Frank Wheat Memorial Awards. The Frank Wheat Memorial Award is given annually to individual lawyers and teams who have demonstrated leadership and initiative in their pro bono work, obtained significant results for their pro bono clients, and served as a source of inspiration to others.
Press Releases | February 6, 2020
Law360 named Gibson Dunn one of its six Appellate Groups of the Year for 2019. The firm’s Appellate practice was profiled on January 27, 2020. Gibson Dunn’s Appellate and Constitutional Law Practice Group’s lawyers participate in appeals in all 13 federal courts of appeals and state appellate courts throughout the United States and have presented arguments in front of the Supreme Court of the United States more than 100 times.
Firm News | January 28, 2020
Law360 named Gibson Dunn a Firm of the Year for 2019 in its article, “The Firms That Dominated in 2019,” featuring seven firms that received the most Practice Group of the Year awards.
Firm News | January 13, 2020
Gibson Dunn’s seventh “Federal Circuit Year In Review,” provides a statistical overview and substantive summaries of the 115 precedential patent opinions issued by the Federal Circuit over the 2018-2019 year.
Client Alert | December 19, 2019
On December 11, 2019, the U.S. Supreme Court unanimously held that a provision in the Patent Act requiring the Patent and Trademark Office to recover all “expenses” from a patent applicant who challenges the denial of a patent application does not permit the recovery of attorney’s fees.
Client Alert | December 11, 2019
The 2019 edition of Gibson Dunn's California Supreme Court Round-Up includes opinions handed down by the Court from January through November 2019, organized by subject. The Round-Up provides a resource for busy practitioners seeking an in-depth, timely, and objective report on the California Supreme Court's actions.
Client Alert | November 26, 2019
Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 13 new partners, effective January 1, 2020. “We congratulate our new partners on this important and well-deserved professional achievement,” said Ken Doran, Chairman and Managing Partner of Gibson Dunn.
Press Releases | November 20, 2019
On October 31, 2019, the United States Court of Appeals for the Federal Circuit held that the statutory scheme of appointing Patent Trial and Appeal Board (PTAB) Administrative Patent Judges (APJs) violates the Appointments Clause of the United States Constitution.
Client Alert | November 5, 2019
U.S. News – Best Lawyers® awarded Gibson Dunn its 2020 Law Firm of the Year for Antitrust Law and Appellate Practice. Additionally, the Firm earned Tier 1 rankings in 137 practice area categories in its 2020 Best Law Firms survey.
Firm News | November 4, 2019
This edition of Gibson Dunn’s Federal Circuit Update first summarizes the Federal Circuit’s far-reaching decision in Arthrex, Inc. v. Smith & Nephew, Inc., and reviews pending petitions for certiorari to the Supreme Court in cases appealed from the Federal Circuit, as well as recent filings for en banc review.
Client Alert | November 4, 2019
The National Law Journal named Gibson Dunn to its 2019 Appellate Hot List, which recognizes 25 firms that “won key matters before the U.S. Supreme Court and federal courts of appeals.” The Appellate Hot List was published on October 25, 2019.
Firm News | October 25, 2019
Orange County partner Blaine Evanson and summer associates Raquel Sghiatti and Nicholas Barba are the authors of “The 2018 Supreme Court Term Belonged to the Chief Justice,” [PDF] published in the Orange County Lawyer in August 2019.
Publications | October 15, 2019
Orange County partner Blaine Evanson and Los Angeles associate Lauren Blas are the authors of “The First Monday,” [PDF] published in the Daily Journal on October 7, 2019.
Publications | October 10, 2019
As the Supreme Court begins its 2019 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the questions presented in the cases that the Court will hear this Term as well as other key developments on the Court’s docket.
Client Alert | October 7, 2019
Orange County partner Blaine Evanson was elected as a member to the California Academy of Appellate Lawyers, “an election-only organization devoted to excellence in appellate practice.” The election was announced on September 23, 2019.
Firm News | September 25, 2019
The Daily Journal named Los Angeles partners Theodore Boutrous, Richard Doren and Debra Wong Yang and San Francisco partner Daniel Kolkey to its annual list of the Top 100 Lawyers in California.
Firm News | September 18, 2019
Denver partner Fred Yarger, Dallas of counsel Ashley Johnson, and Denver associate Peter Baumann are the authors of “What To Consider Before Filing For A Rule 57 Speedy Hearing” [PDF] published by Law360 on September 12, 2019.
Publications | September 13, 2019
The Am Law Litigation Daily named Los Angeles partner Theodore J. Boutrous Jr. as its Litigator of the Week for successfully persuading a federal judge to restore reporter Brian Karem's White House press credentials.
Firm News | September 9, 2019
The New York Court of Appeals Round-Up & Preview summarizes key opinions in civil cases issued from summer 2018 to summer 2019 and highlights potentially significant cases that the Court will hear during the coming year.
Client Alert | September 3, 2019
New York partner Akiva Shapiro is the author of "Three Keys to Amicus Brief Success" [PDF] published by the New York Law Journal on August 19, 2019.
Publications | August 21, 2019
The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.
Firm News | August 15, 2019
Benchmark Litigation named Los Angeles partner Heather Richardson, New York partner Gabrielle Levin and Orange County partner Blaine Evanson to its annual 40 & Under Hotlist, which recognizes the achievements of the nation’s most accomplished legal partners aged 40 or younger.
Firm News | August 13, 2019
This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s summer 2019 decisions in cases appealed from the Federal Circuit as well as key filings for certiorari or en banc review. Recent Federal Circuit news, decisions and practice changes are also noted.
Client Alert | August 13, 2019
Washington, D.C. partner Mark Perry and Los Angeles partner Perlette Jura are the contributing editors of “Appeals 2019,” a publication examining Appellate law and procedure between jurisdictions around the globe, published by Getting the Deal Through in June 2019.
Publications | August 13, 2019
Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2019 edition of The Legal 500 – United States, and 32 partners were named Leading Lawyers in their respective practices with an additional 15 partners recognized as Next Generation Lawyers and two attorneys recognized as Rising Stars.
Firm News | July 11, 2019
As the Supreme Court completes its 2018 Term, Gibson Dunn’s Supreme Court Round-Up summarizes the issues presented in the cases on the Court’s docket.
Client Alert | July 2, 2019
On June 27, 2019, the Supreme Court held that the Secretary of Commerce’s decision to reinstate a citizenship question on the 2020 census violates the Administrative Procedure Act because the Secretary’s stated rationale—though reasonable and reasonably explained—was contrived.
Client Alert | June 28, 2019
On June 26, 2019, the Supreme Court struck down Tennessee’s 2-year durational residency requirement for obtaining retail liquor licenses, holding that it discriminates against interstate commerce in violation of the dormant Commerce Clause.
Client Alert | June 26, 2019