Appellate and Constitutional Law

669 Search Results

Benchmark Litigation Names Three Partners to 40 & Under Hotlist

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

Federal Circuit Update (August 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

Getting the Deal Through: Appeals 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 Ranked in 2019 U.S. Legal 500

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

Supreme Court Round-Up (July 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

Supreme Court Sends 2020 Census Citizenship Question Back to the Department of Commerce, Citing Contrived Rationale

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

Supreme Court Upholds Dormant Commerce Clause Challenge To Tennessee’s Durational Residency Requirement For Liquor Retailers

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

Reinforcing Limits On Its Use, Supreme Court Upholds Auer Deference In Veterans Affairs Dispute

On June 26, 2019, the Supreme Court reaffirmed that an agency’s reasonable interpretation of its own ambiguous regulations is entitled to deference.

Client Alert | June 26, 2019

Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment

On June 24, 2019, the Supreme Court held 6-3 that the Lanham Act’s prohibition on the registration of “Immoral or Scandalous” trademarks infringes the First Amendment.

Client Alert | June 24, 2019

Supreme Court Avoids Answering Question On Hobbs Act Deference To FCC Orders

On June 20, 2019, the Supreme Court declined to resolve whether the Hobbs Act requires district courts to follow FCC Orders construing the Telephone Consumer Protection Act (TCPA), remanding for the court of appeals to consider “two preliminary issues.”

Client Alert | June 20, 2019

Supreme Court Holds That The First Amendment Does Not Apply To Private Operators Of Public Access Television Channels

On June 17, 2019, the Supreme Court held 5-4 that private operators of public access television channels are not state actors subject to the First Amendment.

Client Alert | June 17, 2019

Matthew McGill Named Litigator of the Week

The Am Law Litigation Daily named Washington, D.C. partner Matthew McGill as its Litigator of the Week for successfully challenging the U.S. Department of Justice’s recent Wire Act opinion that prohibited all forms of betting over the Internet.

Firm News | June 7, 2019

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

As the Supreme Court continues its 2018 Term, Gibson Dunn’s Supreme Court Round-Up is summarizing the issues presented in the cases on the Court’s docket.

Client Alert | June 6, 2019

Supreme Court Holds That Title VII’s Administrative Exhaustion Requirement Is Not A Jurisdictional Prerequisite To Suit

On June 3, 2019, the Supreme Court unanimously held that Title VII’s requirement that employment-discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission (“EEOC”) before filing suit is a mandatory claim-processing rule subject to ordinary principles of waiver and forfeiture, not a jurisdictional prerequisite that can be raised at any point during the litigation.

Client Alert | June 3, 2019

Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court

On May 28, 2019, the Supreme Court held 5-4 that when a defendant in a state court action files a counterclaim against a third party as a class action, the third-party defendant may not remove the class action counterclaim to federal court.

Client Alert | May 28, 2019

Supreme Court Rules That Trademark Licensee Retains License Rights Following Rejection in Bankruptcy

On May 20, 2019, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC, that a chapter 11 debtor-licensor’s rejection of a trademark license agreement under section 365(a) of the Bankruptcy Code does not terminate the license granted in the agreement.

Client Alert | May 24, 2019

Webcast: Is It Bad To Be Big? An Antitrust Update On Monopoly Law And Enforcement

The topic of monopoly is in the news almost every day. Join us for a look behind the headlines to understand what you need to know about the current state of Sherman Act Section 2 monopolization law and enforcement. Our panel will include seasoned Gibson Dunn antitrust litigators and appellate advocates, former FTC and DOJ officials, and a leading antitrust economist.

Webcasts | May 23, 2019

Supreme Court Holds That Courts, Not Juries, Must Decide Whether The FDA’s Rejection Of A Proposed Warning Label Provides “Clear Evidence” To Preempt A State-Law Failure-To-Warn Claim

On May 20, 2019, the Supreme Court unanimously held that courts, not juries, must decide as a matter of law whether there is “clear evidence” that the FDA would not have approved a proposed label warning about a risk of a drug, thereby preempting a state-law failure-to-warn claim based on that same risk.

Client Alert | May 20, 2019

Supreme Court Holds That iPhone Users Have Standing To Seek Federal Antitrust Damages From Apple For App Store Purchases

On May 13, 2019, the Supreme Court held 5-4 that iPhone users are “direct purchasers” from Apple when they purchase apps on Apple’s App Store, and thus have standing to sue Apple for alleged monopolistic overcharges under Section 2 of the Sherman Act.

Client Alert | May 14, 2019

Federal Circuit Update (May 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes key filings for certiorari or en banc review, as well as additional new Federal Circuit processes to address scheduling conflicts, for the period February through April 2019.

Client Alert | May 13, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings.

Firm News | April 25, 2019

Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent

On April 24, 2019, the Supreme Court held 5-4 that the Federal Arbitration Act (FAA) preempts state laws that require class arbitration where an arbitration agreement is ambiguous as to whether the parties consented to such a procedure.

Client Alert | April 24, 2019

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

As the Supreme Court continues its 2018 Term, Gibson Dunn summarizes the issues presented in the cases on the Court’s docket and the opinions in the cases the Court has already decided.

Client Alert | April 10, 2019

Supreme Court Holds That Securities Fraud Liability Extends Beyond “Maker” Of False Statements

On March 27, 2019, the U.S. Supreme Court held 6-2 that an individual who knowingly disseminates false statements, even if the individual did not “make” the statements under SEC Rule 10b-5(b), can be held liable under other subdivisions of Rule 10b-5 and related securities laws.

Client Alert | March 27, 2019

Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns

On March 20, 2019, the Supreme Court determined that questions concerning plaintiffs’ standing to challenge Google’s alleged violations of user privacy prevented the Court from deciding whether cy pres-only class action settlements are fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e).

Client Alert | March 20, 2019

Supreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes Registration

On March 4, 2019, the U.S. Supreme Court held 9-0 that the Copyright Act requires copyright owners to wait until the Copyright Office has approved or denied an application for registration before bringing an infringement action.

Client Alert | March 4, 2019

Supreme Court Holds That Payments For Lost Wages Are Taxable “Compensation” Under The Railroad Retirement Tax Act

On March 4, 2019, the U.S. Supreme Court held 7-2 that payments for lost wages due to on-the-job injuries are a form of taxable “compensation” under the Railroad Retirement Tax Act (RRTA).

Client Alert | March 4, 2019

Supreme Court Holds Recovery Of “Full Costs” Under Copyright Act Is Limited To Those Costs Enumerated In The General Costs Statute

On March 4, 2019, the U.S. Supreme Court unanimously held that a provision in the Copyright Act authorizing a prevailing party to recover “full costs” entitles that party to recover only those categories of costs enumerated in 28 U.S.C. §§ 1821 and 1920, and not all litigation expenses.

Client Alert | March 4, 2019

Gibson Dunn Named Appellate and Labor & Employment Management Firm of the Year

Benchmark Litigation recognized Gibson Dunn as Appellate Firm of the Year and Labor & Employment Management Firm of the Year at its 2019 United States Awards dinner.

Firm News | February 28, 2019

Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling

On February 26, 2019, the U.S. Supreme Court held 9-0 that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for filing a petition for permission to appeal an order granting or denying class certification is not subject to equitable tolling.

Client Alert | February 26, 2019

Helgi Walker Elected to American Academy of Appellate Lawyers

Washington, DC partner Helgi Walker was elected to the American Academy of Appellate Lawyers. The organization was founded to recognize outstanding appellate lawyers and promote the improvement of appellate advocacy and the administration of the appellate courts.

Firm News | February 25, 2019

Supreme Court Holds That Eighth Amendment’s Prohibition Of Excessive Fines And Related Forfeitures Applies To The States

In Timbs v. Indiana, the U.S. Supreme Court held 9-0 that the Eighth Amendment’s prohibition of excessive fines applies to the States.

Client Alert | February 20, 2019

Several Gibson Dunn Cases Named Top Verdicts of the Year

The Daily Journal recognized six Gibson Dunn wins in its annual feature on the top verdicts in California for 2018. The publication named In re: Korean Ramen Antitrust Litigation, Bahamas Surgery Center v. Kimberly-Clark, Lawson v. GrubHub among its top 20 Defense Results and O’Connor v. Uber and Sabadia et al.

Firm News | February 20, 2019

California Supreme Court Winter 2019 Round-Up

The Winter 2019 edition of Gibson Dunn's California Supreme Court Round-Up includes opinions handed down by the Court from May through December 2018, organized by subject. provides a resource for busy practitioners seeking an in-depth, timely, and objective report on the California Supreme Court's actions.

Client Alert | February 1, 2019

Federal Circuit Update (January 2019)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s on-sale bar decision as well as key filings for certiorari or en banc review. The Update lists the Federal Circuit’s new guidelines to address scheduling conflicts.  We also summarize recent Federal Circuit decisions confirming the scope of required IPR review, deciding the impact of term changes on obvious-type double patenting, and reflecting differences in how infringement letters can give rise to personal jurisdiction for declaratory judgment claims.

Client Alert | January 31, 2019

Supreme Court Holds That Confidential Licensing Agreements Can Trigger The America Invents Act’s “On-Sale” Bar

On January 22, 2019, the U.S. Supreme Court held that confidential licensing agreements can trigger the Leahy-Smith America Invents Act’s “on-sale” bar, which prohibits awarding patents to claimed inventions that have already been “in public use, on sale, or otherwise available to the public.”

Client Alert | January 22, 2019

Fourth Quarter 2018 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2018 (October through December). Part I summarizes amendments to Rule 23 that went into effect on December 1, 2018.

Publications | January 18, 2019

Law360 Names Gibson Dunn Among Its Appellate 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Appellate Practice Groups of the Year [PDF] for 2018. The practice group “helped redefine ‘money remuneration’ under a Depression-era railroad tax law.” The firm’s Appellate practice was profiled on January 14, 2019.

Firm News | January 14, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

Supreme Court Rejects “Wholly Groundless” Exception To Rule That Parties May Refer Arbitrability Disputes To Arbitration

In Henry Schein, Inc. v. Archer & White Sales, Inc., the Supreme Court held 9-0 that courts may not decline to enforce agreements delegating arbitrability issues to an arbitrator, even if the court concludes that the claim of arbitrability is “wholly groundless.”

Publications | January 8, 2019

Federal Circuit Update (December 2018)

This edition of Gibson Dunn's Federal Circuit Update notes the cases at the Supreme Court on certiorari from the Federal Circuit and summarizes new revisions to the Federal Circuit Rules of Practice.  The Update also summarizes recent key Federal Circuit decisions.

Client Alert | December 3, 2018

Law360 Names Eight Gibson Dunn Partners as MVPs

Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. 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.”

Firm News | November 28, 2018

2017/2018 Federal Circuit Year in Review

Gibson Dunn's sixth "Federal Circuit Year In Review," provides a statistical overview and substantive summaries of the 140 precedential patent opinions issued by the Federal Circuit over the 2017-2018 year.

Client Alert | November 26, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

National Law Journal Names Gibson Dunn to Appellate Hot List

The National Law Journal named Gibson Dunn to its 2018 Appellate Hot List, which recognizes 22 firms that “won key matters before the U.S. Supreme Court and federal courts of appeal.” The firm was featured for its wins at the Supreme Court, including three victories last term argued by three different Gibson Dunn lawyers.

Firm News | October 26, 2018

Third Quarter 2018 Update on Class Actions

This update provides an overview and summary of significant class action developments during the third quarter of 2018 (July through September), as well as a brief look ahead to some of the key class action issues anticipated for the end of 2018 and into 2019.

Client Alert | October 24, 2018

Federal Circuit Update (October 2018)

This edition of Gibson Dunn's Federal Circuit Update offers a reminder of the upcoming American Intellectual Property Law Association (AIPLA) Annual Meeting and of Supreme Court's upcoming review of decisions coming up from the Federal Circuit.

Client Alert | October 1, 2018

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

As the Supreme Court begins its 2018 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the questions presented in the cases set to be heard as well as other key developments on the Court’s docket. 

Client Alert | September 27, 2018

Three Gibson Dunn Partners Recognized Among Americas Rising Stars

Euromoney Legal Media Group recognized three Gibson Dunn partners among its inaugural list of Americas Rising Stars. Blaine Evanson was named Best in Litigation: Appellate; Stacie Fletcher was named Best in Environment; and John Partridge was named Best in Life Sciences.

Firm News | September 27, 2018

Federal Circuit Update (July 2018)

This July 2018 edition of Gibson Dunn's Federal Circuit Update discusses the recent Federal Circuit Bar Association Bench and Bar Conference, provides a summary of the pending Helsinn Healthcare case before the Supreme Court regarding the on-sale bar, and briefly summarizes the joint appendix procedure at the Federal Circuit.

Client Alert | July 31, 2018