Appellate and Constitutional Law

662 Search Results

Supreme Court Holds That A Title VII Plaintiff Challenging A Work Transfer Need Not Show “Significant” Harm

Today, the Supreme Court held that a Title VII plaintiff challenging a forced job transfer as discriminatory must show some harm from the transfer, but need not show that the harm was “significant,” “material,” or “serious.”

Client Alert | April 17, 2024

Supreme Court Holds That Pure Omissions Cannot Support A Cause Of Action Under Rule 10b-5(b)

Today, the Supreme Court unanimously held that a company’s failure to disclose information required under SEC regulations—such as Item 303 of Regulation S-K—cannot support a private securities-fraud claim unless the omission makes the company’s affirmative statements misleading.

Client Alert | April 12, 2024

Supreme Court Holds That Legislatively Mandated Development Exactions Can Be Unconstitutional Takings

Today, the Supreme Court held unanimously that land-development permit exactions subject to the Takings Clause must bear an essential nexus and rough proportionality to the expected impacts of the development, even if the exaction is imposed pursuant to legislation.

Client Alert | April 12, 2024

Supreme Court Holds That The Federal Arbitration Act’s Exemption For Transportation Workers Is Not Limited To Workers In The Transportation Industry

Today, the Supreme Court unanimously held that the applicability of the Federal Arbitration Act’s exemption for transportation workers in interstate commerce turns on whether a worker is a transportation worker, not whether they work in the transportation industry.

Client Alert | April 12, 2024

Texas Supreme Court Holds Arbitrator Must Decide Questions Of Arbitrability Absent Evidence That Delegation Clause Is Itself Unconscionable

In a unanimous per curiam opinion, the Texas Supreme Court held on Friday that when an arbitration agreement contains a clause delegating questions of arbitrability to the arbitrator, an unconscionability challenge must be supported with specific evidence showing that the cost of arbitrating any arbitrability issues is itself excessive.

Client Alert | April 9, 2024

Federal Circuit Update (March 2024)

This edition of Gibson Dunn’s Federal Circuit Update for March 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning indefiniteness, obviousness, eligibility under Section 101, and the safe harbor provision under Section 271.

Client Alert | April 5, 2024

New York Court of Appeals Permits Challenge to New York City’s Property Tax System

Tax Equity Now NY LLC v. City of New York, 2024 N.Y. Slip Op. 01498, Issued March 19, 2024 The sharply divided decision could upend the City’s historical treatment of residential properties and could have broad implications for civil litigation in New York.

Client Alert | April 1, 2024

Forbes Names Three Gibson Dunn Partners Among America’s Top 200 Lawyers 2024

Forbes named Los Angeles partner Theodore Boutrous, New York partner Orin Snyder and Washington, D.C. partner Jason Schwartz to its inaugural America's Top 200 Lawyers 2024 list, “a collection of elite lawyers who have been involved in the most consequential recent cases, deals or legal trends.”

Firm News | March 26, 2024

The Two-Prong Test to Distinguish Official Versus Private Speech in the Social Media Context

Orange County partner Blaine Evanson and associate Min soo Kim are the authors of "The Two-Prong Test to Distinguish Official Versus Private Speech in the Social Media Context" [PDF] published by the Daily Journal on March 26, 2024. 

Article | March 26, 2024

Texas Supreme Court Seeks Public Comment on Proposed Rules for New Business Court and 15th Court of Appeals

The Texas Supreme Court is inviting the public to comment on proposed rules of procedure for the state’s new business court and 15th Court of Appeals.

Client Alert | March 22, 2024

The Corporate Transparency Act Declared Unconstitutional: What It Means for You

On March 1, 2024, a federal district court in Alabama ruled that the Corporate Transparency Act is unconstitutional.

Client Alert | March 18, 2024

Daily Journal Names Kevin Rosen Among California’s Top Professional Responsibility Lawyers 2024

The Daily Journal named Los Angeles partner Kevin Rosen among its 2024 Top Professional Responsibility Lawyers in California.

Firm News | March 6, 2024

Federal Circuit Update (February 2024)

Our Federal Circuit Update summarizes the current status of several petitions pending before the U.S. Supreme Court, as well as recent Federal Circuit decisions concerning printed publications, written description, claim construction, and inequitable conduct.

Client Alert | March 5, 2024

Julian Poon Elected to American Academy of Appellate Lawyers

Los Angeles partner Julian Poon was elected to the American Academy of Appellate Lawyers.

Firm News | February 29, 2024

Texas Supreme Court Allows Claimant to Sue Insurers Directly After Settlement, But Holds Settlement Agreement Does Not Bind Insurers

On February 23, the Texas Supreme Court unanimously held that an insured suffers a “loss”—and a claimant can sue the insurers directly—when the claimant and the insured settle, and the claimant agrees to look solely to the liability insurance policy for any recovery. But, because the insured doesn’t face liability beyond the insurance proceeds, the insurer isn’t bound by the settlement agreement during the subsequent coverage litigation.

Client Alert | February 27, 2024

Two Gibson Dunn Cases Named Top Verdicts of 2023

The Daily Journal recognized two Gibson Dunn wins in its annual feature on the Top Verdicts in California for 2023.

Firm News | February 26, 2024

Webcast: Today’s Key First Amendment Battles. Who Gets to Say It and Who Gets to Stop It?

Amer Ahmed, Anne Champion, and Apratim Vidyarthi cover significant developments in First Amendment law, including issues taken up by the Supreme Court.

Webcasts | February 14, 2024

Federal Circuit Update (January 2024)

This edition of Gibson Dunn’s Federal Circuit Update for January 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions interpreting a forum selection clause in a settlement agreement, deciding the appropriate scope of an opposition to a motion to amend in an inter partes review proceeding, and reviewing the International Trade Commission’s determination of what satisfies the economic prong of the domestic industry requirement.

Client Alert | February 7, 2024

Law360 Names Gibson Dunn Among its 2023 Appellate Practice Groups of the Year

Law360 named Gibson Dunn one of its six Appellate Groups of the Year for 2023. The firm was recognized for its work in “convincing the U.S. Supreme Court to make it harder for shareholders to sue companies that went public via direct listing” and getting “the Ninth Circuit to side with Uber and Postmates on a California worker classification law.”

Firm News | February 1, 2024

Fourth Quarter 2023 Update on Class Actions

This update provides an overview of key class action-related developments during the fourth quarter of 2023 (October to December).  

Client Alert | January 31, 2024

Gibson Dunn Named a 2023 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2023, featuring the law firms that received the most Practice Group of the Year awards. 

Firm News | January 22, 2024

Texas Supreme Court Holds Courts Cannot Create New Duties When Existing Duty Rules Apply

The Texas Supreme Court has held that courts cannot create new duties when existing duty rules apply.

Client Alert | January 22, 2024

California Supreme Court Holds That Trial Courts May Not Strike PAGA Claims as Unmanageable, But May Limit the Evidence a Plaintiff Can Present at Trial

The California Supreme Court today held that courts lack the inherent authority to strike PAGA claims on the ground that they cannot be tried manageably.

Client Alert | January 18, 2024

Webcasts: Gibson Dunn’s Annual California MCLE Blitz – 2024

Key practitioners from our Los Angeles, Orange County, San Francisco, Washington, D.C. and Palo Alto offices hosted Gibson Dunn’s annual complimentary MCLE briefing which provides 8.0 hours of CLE credit, including specialty subjects such as Ethics, Elimination of Bias, and Competence Issues.

Webcasts | January 16, 2024

Federal Circuit Update (December 2023)

This edition of Gibson Dunn’s Federal Circuit Update for December 2023 summarizes the current status of a couple petitions pending before the Supreme Court, and recent Federal Circuit decisions vacating a $1.5 billion damages award, interpreting infringement of method of use patents under the Hatch-Waxman Act, and reviewing claim constructions in an inter partes review.

| January 10, 2024

Emerging Issues and Trends in Class Actions: Three Splits and Four Issues on the Horizon for 2024

Our lawyers preview several emerging issues and trends on the horizon in class actions for 2024.

Client Alert | December 28, 2023

Federal Circuit Update (November 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning attorneys’ fees under 35 U.S.C. § 285, Article III standing, and the Board’s authority to issue a final written decision past the statutory deadline.

Client Alert | December 11, 2023

Hong Kong Court of Final Appeal Confirms That No Leave Is Required for Securities and Futures Commission to Serve a Writ Out of Jurisdiction

On 30 October 2023, the Hong Kong Court of Final Appeal handed down its reasons for dismissing the appeal in Securities and Futures Commission v Isidor Subotic and Others [2023] HKCFA 32.

Client Alert | November 14, 2023

Federal Circuit Update (October 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning means-plus-function claims, apportionment, and forfeiting arguments not raised in an inter partes review (“IPR”) petition.

Client Alert | November 6, 2023

Best Law Firms® Names Gibson Dunn “Law Firm of the Year” for 2024 in Appellate Practice and in Mergers and Acquisitions Law

Best Law Firms awarded Gibson Dunn its 2024 “Law Firm of the Year” in two categories – Appellate Practice and Mergers and Acquisitions Law.

Firm News | November 2, 2023

Third Quarter 2023 Update on Class Actions

Our update on class actions provides an overview of key class action-related developments during the third quarter of 2023.

Client Alert | November 1, 2023

U.S. Supreme Court Round-Up (October 2023)

Our U.S. Supreme Court Round-Up provides a concise, substantive analysis of the Court’s actions by previewing cases scheduled for argument, tracking the actions of the Office of the Solicitor General, and recapping recent opinions.

Client Alert | October 4, 2023

Federal Circuit Update (September 2023)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, additional materials released from the ongoing investigation by the Judicial Council of the Federal Circuit, and recent Federal Circuit decisions concerning motions to amend before the Patent Trial and Appeal Board, obviousness, and enablement.

Client Alert | October 3, 2023

The National Law Journal Names Gibson Dunn to 2023 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2023 Appellate Hot List, which “highlights law firms that have handled exemplary appellate matters.” The list was published on August 31, 2023.

Firm News | September 8, 2023

Federal Circuit Update (August 2023)

Our Federal Circuit Update summarizes the status of several petitions pending before the U.S. Supreme Court, additional materials released from the ongoing investigation by the Judicial Council of the Federal Circuit, and recent Federal Circuit decisions.

Client Alert | September 6, 2023

How ‘Purely Legal’ Issues Ruling Applies To Rule 12 Motions

Orange County partner Blaine Evanson and Washington, D.C. associate Jeremy Christiansen are the authors of "How 'Purely Legal' Issues Ruling Applies To Rule 12 Motions" published by Law360 on August 30, 2023. 

Article | August 31, 2023

11 Gibson Dunn Lawyers Named Lawyers of the Year for 2024

Best Lawyers® named 11 Gibson Dunn lawyers as the 2024 Lawyer of the Year in their respective practice areas and cities.

Firm News | August 17, 2023

Federal Circuit Update (July 2023)

Our Federal Circuit Update summarizes the current status of several petitions pending before the U.S. Supreme Court, the report and recommendation from the ongoing investigation by the Judicial Council of the Federal Circuit, and a number of recent Federal Circuit decisions.

Client Alert | August 7, 2023

Second Quarter 2023 Update on Class Actions

This update provides an overview of key class action-related cases during the second quarter of 2023.

Client Alert | August 2, 2023

California Supreme Court Holds Private Universities Do Not Need To Permit Cross Examination Of Witnesses In Administrative Disciplinary Proceedings

The California Supreme Court has held that private universities do not need to provide students accused of misconduct with the right to cross examine accusers and other witnesses at live hearings during administrative disciplinary proceedings.

Client Alert | August 1, 2023

Texas Creates New Business Court

Our lawyers discuss the Texas Legislature’s creation of a specialized Texas Business Court, whose primary objective is to provide a faster, more efficient, and more cost-effective dispute resolution mechanism for businesses.

Client Alert | July 25, 2023

California Supreme Court Holds Organizational Plaintiffs Have Standing To Sue Under UCL When They Incur Costs In Responding To Allegedly Unfair Competition

The California Supreme Court held that organizations have standing to sue for violations of California’s Unfair Competition Law if they spent resources fighting the business practice they challenge as unfair.

Client Alert | July 20, 2023

U.S. Supreme Court Round-Up (July 2023)

Gibson Dunn’s Supreme Court Round-Up provides an overview of cases argued during the October 2022 Term and other key developments on the Court’s docket.

Client Alert | July 20, 2023

Attorneys General of 13 States Issue Warning to Fortune 100 Companies Regarding Their Diversity and Inclusion Programs in Wake of Supreme Court’s Decision Overturning Affirmative Action in Higher Education

Our lawyers summarize the letter sent by Attorneys General of 13 states to Fortune 100 companies warning of “serious legal consequences” over race-based employment preferences and diversity/inclusion policies.

Client Alert | July 18, 2023

California Supreme Court Holds Plaintiffs Compelled To Arbitrate Individual PAGA Claims Can Still Have Standing To Litigate Non-Individual PAGA Claims

The California Supreme Court has held that plaintiffs compelled to arbitrate individual PAGA claims can still have standing to litigate non-individual PAGA claims.

| July 18, 2023

Federal Circuit Update (June 2023)

Gibson Dunn’s Federal Circuit Update summarizes the current status of several petitions pending before the Supreme Court, provides an update on a proceeding by the Judicial Council of the Federal Circuit, and summarizes recent Federal Circuit decisions concerning secondary considerations, inventorship, inherency, and enablement.

Client Alert | July 6, 2023

California Supreme Court Holds Employers Have No Duty Of Care To Prevent The Spread Of COVID-19 To Employees’ Households

The California Supreme Court held today that employers owe no duty of care, under state tort law, to nonemployees (including employees’ family members) to prevent the spread of COVID-19.

Client Alert | July 6, 2023

Supreme Court Holds Biden Administration’s Mass Student Loan-Cancellation Program Unlawful

The Supreme Court held 6-3 that the HEROES Act does not authorize the Secretary of Education to cancel hundreds of billions of dollars in student loan balances.

Client Alert | June 30, 2023

Supreme Court Holds That U.S. Trademark Infringement Claims Must Be Based On Domestic Use In Commerce

The Supreme Court held that trademark infringement claims under the Lanham Act apply only where the claimed infringing “use in commerce” occurs in the United States. Our lawyers discuss this case.

Client Alert | June 29, 2023

Supreme Court Clarifies Standard For Assessing Whether A Religious Accommodation Would Result In An “Undue Hardship”

The Supreme Court clarified the standard employers must satisfy to show that granting a religious accommodation would create an “undue hardship” on the employer’s business.

Client Alert | June 29, 2023