Litigation

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Theodore Olson Named Litigator of the Week

The Am Law Litigation Daily named Washington, D.C. partner Theodore B. Olson as its Litigator of the Week for convincing the U.S. Supreme Court to strike down federal limits on sports gambling.

Firm News | May 18, 2018

The ‘MFW’ Framework Gains Traction Outside the Merger Context

Washington, D.C. partner Jason Mendro and associate Jeffrey Rosenberg are the authors of "The ‘MFW’ Framework Gains Traction Outside the Merger Context," [PDF] published in the Delaware Business Court Insider on May 16, 2018.

Article | May 16, 2018

Supreme Court Strikes Down Federal Limits On Sports Gambling

Murphy v. National Collegiate Athletic Association, No. 16-476 New Jersey Thoroughbred Horsemen’s Association, Inc. v. National Collegiate Athletic Association, No.

Client Alert | May 14, 2018

First Quarter 2018 Update on Class Actions

This update provides an overview and summary of significant class action developments during the first quarter of 2018 (January through March), as well as a brief look ahead to some of the key class action issues anticipated later this year.

Client Alert | May 4, 2018

Federal District Court Enjoins Philadelphia Ordinance Prohibiting Employers from Asking Applicants About Their Wage History

On April 30, 2018, a federal judge in the Eastern District of Pennsylvania preliminarily enjoined enforcement of a Philadelphia Ordinance prohibiting employers from asking applicants about their wage history.

Client Alert | May 1, 2018

Supreme Court Holds That Foreign Corporations Cannot Be Sued Under The Alien Tort Statute

Jesner v. Arab Bank, PLC, No. 16-499 Decided April 24, 2018 Today, the Supreme Court held 5-4 that a foreign corporation may not be sued under the Alien Tort Statute.

Client Alert | April 24, 2018

Supreme Court Clarifies That Inter Partes Review Must Decide All Challenged Claims

SAS Institute, Inc. v. Iancu, No. 16-969 Decided April 24, 2018 Today, the Supreme Court held 5-4 that if the Patent Trial and Appeal Board (PTAB) exercises its discretion to institute inter partes review, it must issue an opinion on all challenged claims.

Client Alert | April 24, 2018

Supreme Court Upholds PTO Inter Partes Review of Patent Validity

Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712 Decided April 24, 2018 The Supreme Court held 7-2 that the U.S. Patent and Trademark Office’s inter partes review process does not violate the Constitution.

Client Alert | April 24, 2018

Does a Nonresident Del. Officer’s Service to a Corporation Allow Courts to Compel Testimony?

New York partner James Hallowell and New York associate Lee Crain are the authors of "Does a Nonresident Del. Officer’s Service to a Corporation Allow Courts to Compel Testimony?" [PDF] published by Delaware Business Court Insider on April 18, 2018.

| April 18, 2018

Supreme Court Holds That Recent Legislation Moots Dispute Over Emails Stored Overseas

United States v. Microsoft Corp., No. 17-2 Decided April 17, 2018 Today, the Supreme Court held that Microsoft’s dispute with the federal government over the government’s attempts to access email stored oversees is moot.

Client Alert | April 17, 2018

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (April 4, 2018)

As the Supreme Court continues its 2017 Term, Gibson Dunn's Supreme Court Round-Up is summarizing 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 4, 2018

Percoco Highlights Pre-Verdict Remedies For False Testimony

New York partner Avi Weitzman is the author of "Percoco Highlights Pre-Verdict Remedies For False Testimony," published by Law360 on March 28, 2018.

Article | March 28, 2018

Supreme Court Holds States May Hear Securities Fraud Class Actions Under The 1933 Act

Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 Decided March 20, 2018 Today, the Supreme Court held 9-0 that class actions alleging only federal claims under the Securities Act of 1933 may be heard in state court and, if brought in state court, cannot be removed to federal court.

Client Alert | March 20, 2018

Brexit – converting the political deal into a legal deal and the end state

In our client alert of 8 December 2017 we summarised the political deal relating to the terms of withdrawal of the UK from the EU with a two year transition.

Client Alert | March 12, 2018

Two Gibson Dunn Cases Named Top Verdicts of the Year

The Daily Journal recognized two Gibson Dunn cases in its annual feature on the top verdicts in California for 2017: Bastidas v. Good Samaritan Hospital LP [PDF], where the Gibson Dunn team won a unanimous verdict in a civil rights case with important implications for the ability of medical staffs to properly censor doctors, was recognized as one of the 20 cases in the Top Defense Verdicts list

Firm News | February 21, 2018

Michele Maryott and Theane Evangelis Named Litigators of the Week

The Am Law Litigation Daily named partners Michele Maryott and Theane Evangelis as its Litigators of the Week [PDF] for their trial victory on behalf of Grubhub “in a bellwether case that could have a lasting impact on how gig-economy workers are classified.” 

Firm News | February 15, 2018

Law360 Names Gibson Dunn Among its Transportation 2017 practice Groups of the Year

Law360 named Gibson Dunn one of its five Transportation Practice Groups of the Year [PDF] for 2017. The firm’s profile was published on February 2, 2018.

Firm News | February 2, 2018

Exmark v. Briggs: Role of Claim Language in Damages Apportionment

New York partner Paul Torchia is the author of "Exmark v. Briggs: Role of Claim Language in Damages Apportionment" published by Bloomberg BNA's Patent, Trademark & Copyright Journal on February 2, 2018.

Article | February 2, 2018

Fourth Quarter 2017 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2017 (October through December), and a brief look ahead to some of the key class action issues anticipated in 2018.

Client Alert | January 30, 2018

My Supreme Court Debut: Just Me And My Flash Cards

Washington, D.C. partner Matthew McGill is the author of "My Supreme Court Debut: Just Me and My Flash Cards," [PDF] published by Law360 on January 23, 2018.

Article | January 23, 2018

2017 Year-End E-Discovery Update

Gibson Dunn lawyers provide an update on major issues, developments and challenges within the world of e-discovery during 2017 

Client Alert | January 18, 2018

M&A Report – Delaware Supreme Court Reaffirms the Importance of Deal Price As an Indicator of Fair Value in Appraisal Actions

The Delaware Supreme Court’s recent decision in Dell, Inc. v. Magnetar Global Event Driven Master Fund Ltd. represents the latest significant opinion from Delaware courts that has contributed to the reduction in M&A litigation by underscoring that, in an efficient market, the deal price should be accorded significant—if not complete—deference in determining fair value in appraisal actions.

Client Alert | December 18, 2017

New Obstacles For VPPA Plaintiffs At 9th Circ.

Orange ​County and Palo Alto partner Joshua Jessen and Dallas associate Ashley Rogers and New York associate Melissa Goldstein are the authors of "New Obstacles For VPPA Plaintiffs At 9th Circ.," [PDF] published by Law360 on December 14, 2017.

Article | December 14, 2017

Court of Chancery Continues Line of Pro-Arbitration Cases

​San Francisco partner Thad Davis and associate Andrea Hadjiyianni are the authors of "Court of Chancery Continues Line of Pro-Arbitration Cases," published by Delaware Business Court Insider on December 13, 2017.

Article | December 13, 2017

Brexit – Initial deal agreed

The UK Government and the European Commission have issued a joint report setting out the progress of the phase 1 negotiations for the Brexit divorce terms.

Client Alert | December 8, 2017

Delaware Courts Uphold Strict Limitations on Liability For Oversight Claims

​Washington, D.C. partner Jason Mendro and associate Jeffrey Rosenberg are the authors of "Delaware Courts Uphold Strict Limitations on Liability For Oversight Claims," [PDF] published by Delaware Business Court Insider on November 15, 2017.

Article | November 15, 2017

Third Quarter 2017 Update on Class Actions

This update provides an overview of key class action developments during the third quarter of 2017 (July through September):

Client Alert | November 7, 2017

Local Drone Law Preempted in First-of-its-Kind Ruling

​Orange County associates Jared Greenberg and Brett Long are the authors of "Local Drone Law Preempted in First-of-its-Kind Ruling," [PDF] published by The Daily Journal on October 5, 2017.

Article | October 5, 2017

‘Sparton v. O’Neil’: The Effect of Disclaimers on M&A Fraud Claims

​Los Angeles partner Michael Farhang is the author of "'Sparton v. O'Neil': The Effect of Disclaimers on M&A Fraud Claims," [PDF] published in Delaware Business Court Insider on September 27, 2017.

Article | September 27, 2017

Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages

​Los Angeles associate Brooke Myers Wallace is the author of "Clarity at Long Last: Post-Verdict Compensatory Patent Infringement Damages," [PDF] published by Bloomberg BNA's Patent, Trademark & Copyright Journal on September 15, 2017.

Article | September 15, 2017

Trump Administration Rescinds Deferred Action for Childhood Arrivals (DACA) Program

On September 5, 2017, the Trump Administration announced the termination of the Deferred Action for Childhood Arrivals program ("DACA").  Attorney General Jeff Sessions announced the Administration's decision in remarks delivered on Tuesday morning.  Acting Secretary of Homeland Security Elaine Duke subsequently issued a memorandum formally rescinding the program, after which the White House issued a separate statement explaining President Trump's decision.

Client Alert | September 5, 2017

A Cautionary Tale For Law Firms Engaging with Prosecutors

​San Francisco partner Matthew Kahn is the author of "A Cautionary Tale for Law Firms Engaging with Prosecutors," [PDF] published by Law360 on August 30, 2017.

Article | August 30, 2017

Second Quarter 2017 Update on Class Actions

This update provides an overview of key class action developments during the second quarter of 2017 (April through June): Part I explores a significant decision from the Supreme Court concerning defeating novel attempts by plaintiffs to obtain appellate review of denials of class certification.  Part II addresses rulings from the Supreme Court and Ninth Circuit regarding the breadth of the American Pipe tolling doctrine for statutes of limitations in class actions.  Part III analyzes recent decisions interpreting and applying the Supreme Court's Article III standing decision in Spokeo, Inc.

Client Alert | August 1, 2017

Viewing Class Settlements Through a New Lens: Part 1 and Part 2

​Los Angeles partner Kahn Scolnick and associate Sheldon Evans are the authors of "Viewing Class Settlements Through a New Lens: Part 1 and Part 2," [PDF] published by Law360 on July 25, 2017 and July 26, 2017, respectively.

Article | July 25, 2017

French Market Update – July 2017

France is great again?Many of you have read positive articles on the new government in France and its freshly elected President, Emmanuel Macron. Is it real?First, one needs to understand the context: a quasi-unknown individual a year ago, Mr.

Client Alert | July 20, 2017

Managing Project Risk to Secure Profit

The attached article originally appeared in a recent issue of Construction Week. It was written by Ryan Whelan, a senior dispute lawyer based in Gibson Dunn's Dubai office.

Client Alert | July 6, 2017

Update on Immigration Executive Order

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | June 29, 2017

What the UK Election Result Means for Brexit

Theresa May's decision to call a snap UK general election has backfired.  The Conservatives emerged as the biggest party in yesterday's UK general election but lost their overall majority.  Theresa May's authority and leadership have been greatly weakened, perhaps even fatally damaged, by the shock result.  The Conservatives won 319 (down from 331) seats in the House of Commons.  A governing party needs 326 seats out of 650 seats for a majority.   The Labour party gained 29 seats, enjoying their biggest increase in the share of the vote since 1945.  A so-called "progressive alliance" between them and such of the minority parties as have indicated a willingness to work in coalition with Labour would not be sufficient to command an outright

Client Alert | June 9, 2017

The Power to Investigate: Table of Authorities of House and Senate Committees for the 115th Congress

For the fourth successive Congress, we are releasing a table of authorities that summarizes the investigative authorities and powers of each House and Senate committee.  We believe that understanding a committee's investigative powers is crucial to successfully navigating a congressional investigation.  Congressional committees have the power to issue subpoenas to compel witnesses to produce documents, testify at committee hearings, and, in some cases, appear for depositions.  Moreover, standing committees may appeal to the full House or Senate to hold in contempt any witness who refuses to appear, answer questions, or produce documents, though note, of course, that Constitutional protections apply to witnesses in congressional investigations.

Client Alert | June 1, 2017

The Gross-Split Production Sharing Contract: The End of an Era for Indonesia’s Upstream Oil and Gas Industry and Traditional PSC Model

On 13 January 2017, the Ministry of Energy and Mineral Resources of the Republic of Indonesia issued Regulation No. 18 of 2017, which introduces a new form of gross-split production sharing contract and abolishes the cost recovery system, which has been a feature of Indonesia's production sharing contracts since their inception in 1966.

Client Alert | May 31, 2017

First Quarter 2017 Update on Class Actions

This update provides an overview and summary of key class action developments during the first quarter of 2017 (January through March).  Part I explores significant class-certification decisions from the Seventh, Eighth, and Ninth Circuits.  Part II addresses decisions from the Third, Seventh, and Ninth Circuits adopting conflicting approaches to determining whether putative class representatives have standing to sue for statutory violations under the Supreme Court's decision in Spokeo, Inc.

Client Alert | May 19, 2017

A Potentially Far-Reaching Impact For New NYC Freelance Law

​New York partner Gabrielle Levin and associate Neta Levanon are the authors of "A Potentially Far-Reaching Impact for New NYC Freelance Law," [PDF] published by Law360 on May 12, 2017.

Article | May 12, 2017

What the UK’s Snap General Election Means for Brexit

The UK prime minister Theresa May has called a surprise general election for 8 June 2017.  Earlier this week she won a House of Commons vote by 522 to 13 to override the standard five year fixed term between general elections.Theresa May is hoping the early election will convert her current working majority of 17 MPs in the House of Commons into a much bigger majority (with some predictions of a "landslide" victory).  The prime minister says this will strengthen her hand in Brexit negotiations and provide the "strong and stable leadership" the country needs.Brexit negotiations will begin in earnest after the elections in France (the first round takes place on 23 April 2017, with the top two candidates facing each other in a second run-off on 7

Client Alert | April 21, 2017

M&A Report – Delaware Chancery Court Finds Stockholder Vote To Be Coerced and Not Fully Informed in In re Saba Software, Inc. Stockholder Litigation

In a series of decisions that began with Corwin v. KKR Financial Holdings LLC, it is now clear under Delaware law that boards of directors will receive the protection of the business judgment rule "when a merger that is not subject to the entire fairness standard of review has been approved by a fully informed, uncoerced majority of the disinterested stockholders." On March 31, 2017, in In re Saba Software, Inc.

Client Alert | April 12, 2017

UK Government Triggers Article 50

The UK government has today triggered Article 50 – the official legal notification to the EU that the UK is going to leave the bloc.  This means that, unless otherwise agreed with the EU member states, the UK will be out of the EU by end March 2019.

Client Alert | March 29, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Arbitration Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence while assessing how he might affect the Supreme Court should the Senate approve his nomination.  We will be publishing our analyses in a series of client alerts focusing on individual subject matters.  This alert discusses arbitration law.Judge Gorsuch's arbitration opinions reflect his adherence to two general principles: first, that questions regarding arbitrability are matters of contract and therefore the parties' intent controls; and second, that federal policy favors arbitration and preempts state laws that conflict with that policy.  Judge Gorsuch's Arbitration Jurisprudence Judge Gorsuch has written majority, concurring, and dissenting opinions in cas

Client Alert | March 16, 2017

Court Orders Block Implementation of New Immigration Executive Order

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017 and March 6, 2017 Executive Orders restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | March 16, 2017

Webcast: Identifying and Combatting Fraud and Other Misconduct in Transactions and Litigation

​Our panel of experts discusses recent case studies showing keys for drafting M&A documents to maximize the potential for recovery for later discovered fraud, strategies for litigating those fraud claims and how to identify and use the other side's fraudulent conduct during litigation as your own tools for victory.

Webcasts | March 16, 2017

Justice Holland’s Lasting Imprint on Corporate Law

​New York partner James Hallowell and associate Lauren Sager are the authors of "Justice Holland's Lasting Imprint on Corporate Law," [PDF] published by Delaware Business Court Insider on March 14, 2017.

Article | March 14, 2017

Analysis of March 6, 2017 Executive Order on Immigration

Gibson Dunn previously issued several client alerts regarding President Trump's January 27, 2017, Executive Order restricting entry into the United States for individuals from certain nations and making other immigration-related policy changes.

Client Alert | March 7, 2017