Appellate and Constitutional Law

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Allyson Ho and Mike Raiff Named Litigators of the Week

The AmLaw Litigation Daily named Dallas partners Allyson Ho and Mike Raiff its Litigators of the Week for securing a complete appellate victory at the Third Court of Appeals in Austin on behalf of Luminant Energy Company.

Firm News | March 24, 2023

U.S. Supreme Court Round-Up (March 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 | March 22, 2023

Benchmark Litigation Names Gibson Dunn as Appellate Firm of the Year at 2023 Awards

Benchmark Litigation named Gibson Dunn as “Appellate Firm of the Year” at its 2023 Litigation Awards.

Firm News | March 17, 2023

New York Court of Appeals Round-Up (March 2023)

Our lawyers discuss opinions from the New York Court of Appeals on an array of issues, from fantasy sports to electoral redistricting, insurance, mortgage-backed securities, and tort law.

Client Alert | March 15, 2023

Matthew Ball Named a 2023 Up and Coming Lawyer

Law Week Colorado named Denver associate Matthew Ball among its Up and Coming Lawyers 2023, which recognizes three attorneys in Colorado “who have taken on major business litigation, appeals and pro bono work in their first five years of practice.”

Firm News | March 13, 2023

Federal Circuit Update (February 2023)

Gibson Dunn lawyers summarize the latest news and key cases from the Federal Circuit.

Client Alert | March 6, 2023

Supreme Court Holds That Bank Secrecy Act Imposes Single Penalty For Nonwillful Failure To File Timely, Accurate Annual Report Of Foreign Bank And Financial Accounts

In a 5–4 opinion, the Supreme Court held that the Bank Secrecy Act imposes a single penalty for each nonwillful failure to file an annual form disclosing foreign financial accounts, regardless of the number of accounts that were not disclosed.

Client Alert | February 28, 2023

In Fair Labor Standards Act Case, Supreme Court Holds That Employees Paid A Daily Rate Are Not Compensated On A “Salary Basis”

The U.S. Supreme Court ruled that a highly compensated executive employee who is paid at a daily rate is not paid on a “salary basis” and thus is not exempt from the Fair Labor Standards Act.

Client Alert | February 22, 2023

Federal Circuit Update (January 2023)

Our lawyers summarize news and key cases in the Federal Circuit.

Client Alert | February 7, 2023

2021/2022 Federal Circuit Year in Review

Our lawyers provide an overview of the precedential patent opinions issued by the Federal Circuit during its 2021-2022 term.

Client Alert | February 2, 2023

Year-End and Fourth Quarter 2022 Update on Class Actions

Our attorneys address key class action-related developments during the fourth quarter of 2022.

Client Alert | January 26, 2023

Webcast: Fifth Circuit Round-Up: Shaping Business Law at the Circuit and National Level

Gibson Dunn partners discuss recent developments in the Fifth Circuit.

Webcasts | January 23, 2023

Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023

Watch a selection of webcasts from Gibson Dunn's MCLE Blitz 2023.

Webcasts | January 12, 2023

Federal Circuit Update (December 2022)

Our lawyers summarize the latest news and cases involving the Federal Circuit.

Client Alert | January 5, 2023

Theodore Boutrous and Kristin Linsley Appointed to the Advisory Board of the Ninth Circuit

Los Angeles partner Theodore J. Boutrous Jr. has been appointed to serve a three-year term on the Advisory Board of the Ninth Circuit, which advises Chief Circuit Judge Mary H. Murguia regarding proposed matters relating to effective administration of the courts in the Ninth Circuit.

Firm News | January 3, 2023

Seven Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2022 Top Lawyers

Washingtonian magazine named seven Washington, D.C. partners to its 2022 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas.

Firm News | January 3, 2023

Lessons From Justices’ Evolving Approach To COVID Rulings

New York partner Akiva Shapiro and of counsel William Moccia are the authors of "Lessons From Justices' Evolving Approach To COVID Rulings" published by Law360 on November 28, 2022. 

Article | November 28, 2022

Gibson Dunn Promotes 37 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP has elected 37 lawyers to its partnership, effective January 1, 2023.

Press Releases | November 15, 2022

Webcast: Nationwide Injunctions and the Practice of Forum Shopping

This webcast covers the rise of nationwide injunctions and their effect on public perception of the judicial system.

Webcasts | November 15, 2022

Third Quarter 2022 Update on Class Actions

Gibson Dunn lawyers provide an update on significant recent class action developments.

Client Alert | October 31, 2022

The National Law Journal Names Gibson Dunn to 2022 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2022 Appellate Hot List, which “highlights law firms that have handled exemplary appellate matters.”

Firm News | October 21, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2023 edition and named 69 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 6, 2022

The Roberts Court’s Continued Protection of Religious Liberty

Orange County partner Blaine Evanson is the author of "The Roberts Court's Continued Protection of Religious Liberty" published by Orange County Lawyer in its October 2022 issue.

Article | October 4, 2022

The 2022 Term Was a Mixed Bag for Arbitration

Orange County partner Blaine Evanson is the author of "The 2022 Term Was a Mixed Bag for Arbitration" published by Orange County Lawyer in its October 2022 issue.

Article | October 4, 2022

U.S. Supreme Court Round-Up (September 2022)

Gibson Dunn’s Supreme Court Round-Up provides a preview of cases set to be argued during the October 2022 Term and other key developments on the Court’s docket.  During the October 2021 Term, the Court heard argument in 63 cases, including 1 original-jurisdiction case.

Client Alert | September 28, 2022

Class Actions to Reshape the Litigation Landscape in Europe in 2023

This client alert discusses a wave of class action legislation that will likely be seen towards the end of 2022. Many member states of the European Union will have to either devise new class action regimes or amend their existing provisions on collective redress.

Client Alert | August 23, 2022

California Supreme Court Holds That Seller’s Promotional Statements About Controversial Album Are Commercial Speech Not Subject To Full First Amendment Protection

The California Supreme Court held yesterday that a seller’s promotional statements about an artistic work of interest to the public amounted to commercial speech, regardless of whether the seller knew of the statements’ falsity.

Client Alert | August 19, 2022

Former Assistant to the Solicitor General Jonathan Bond Rejoins Gibson Dunn in Washington, D.C.

Gibson, Dunn & Crutcher LLP is pleased to announce that Jonathan Bond has rejoined the firm as a partner following a five-year term in public service.

Press Releases | August 15, 2022

Theodore B. Olson Will Serve on ABA’s Law, Society and the Judiciary Task Force

Washington, D.C. partner Theodore B. Olson was named as one of seven members of the American Bar Association’s newly formed Law, Society and the Judiciary Task Force.

Firm News | August 9, 2022

Appeals 2022: United Kingdom

London partners Doug Watson and Patrick Doris and associate Ronit Wineman are the authors of the "United Kingdom" chapter in the 2022 Appeals guide published by Lexology Getting the Deal Through. 

Article | August 4, 2022

Congress Should Codify Same-Sex Marriage

Washington, D.C. partner Theodore Olson, along with Kenneth Mehlman, are the co-authors of "Congress Should Codify Same-Sex Marriage," published by The Wall Street Journal on July 26, 2022. 

Article | August 4, 2022

Second Quarter 2022 Update on Class Actions

This update provides an overview of key class action-related developments during the second quarter of 2022 (April through June).

Client Alert | July 28, 2022

U.S. Court of Appeals for the Second Circuit Holds That Scheme Liability After Lorenzo Requires Conduct Beyond Misstatements and Omissions

On July 15, 2022, the United States Court of Appeals for the Second Circuit held that Lorenzo v. SEC did not abrogate existing case law holding that scheme liability requires something beyond misstatements and omissions.

Client Alert | July 20, 2022

Supreme Court Round-Up (July 2022)

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 | July 11, 2022

California Supreme Court Holds Employee May Sue Staffing Agency’s Client Even After Settling Same Claims Against Agency

On June 30, 2022, the California Supreme Court held that an employee who brings an employment class action against a staffing agency and executes a settlement agreement releasing the agency and its agents may bring a second class action against the staffing agency’s client premised on the same violations.

Client Alert | July 1, 2022

Supreme Court Upholds Limits On Environmental Protection Agency’s Authority To Shift Sources Of Energy Production

On June 30, 2022, the Supreme Court held 6-3 that Congress has not delegated broad authority to EPA to substantially restructure the American energy market.

Client Alert | June 30, 2022

Gibson Dunn Ranked in 2022 U.S. Legal 500

Gibson Dunn earned 55 practice area rankings, including 17 top-tier rankings in the 2022 edition of The Legal 500 – United States.

Firm News | June 22, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

Client Alert | June 15, 2022

Supreme Court Holds That Parties To Private Foreign Or International Arbitrations Cannot Seek Discovery Assistance From U.S. Courts

On June 13, 2022, the Supreme Court held 9-0 that parties to private arbitrations abroad may not seek the assistance of federal courts in gathering evidence for use in those arbitrations.

Client Alert | June 13, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

Client Alert | June 6, 2022

Gibson Dunn Earns 101 Top-Tier Rankings in Chambers USA 2022

In its 2022 edition, Chambers USA awarded Gibson Dunn 101 first-tier rankings, of which 37 were firm practice group rankings and 64 were individual lawyer rankings. Overall, the firm earned 348 rankings – 104 firm practice group rankings and 244 individual lawyer rankings.

Firm News | June 1, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

Client Alert | May 23, 2022

Julian W. Poon Inducted into the California Academy of Appellate Lawyers

Los Angeles partner Julian W. Poon was recently inducted into the California Academy of Appellate Lawyers (https://calappellate.org/), “an election-only organization devoted to excellence in appellate practice,” consisting of approximately 100 members.

Firm News | May 3, 2022

First Quarter 2022 Update on Class Actions

This update provides an overview of key class-action-related developments during the first quarter of 2022 (January through March).

Client Alert | April 28, 2022

Supreme Court Holds That Damages For Emotional Distress Are Categorically Unavailable In Discrimination Actions Against Recipients Of Federal Financial Assistance

Today, the Supreme Court held 6-3 that emotional-distress damages are not available in discrimination actions against recipients of federal financial assistance.

Client Alert | April 28, 2022

Supreme Court Holds That Late Petitions For Review Of IRS Collection Due Process Determinations Are Subject To Equitable Tolling

Today, the Supreme Court unanimously held that the Internal Revenue Code’s 30-day deadline for taxpayers to seek Tax Court review of “collection due process” determinations is a nonjurisdictional claims-processing rule that is subject to equitable tolling.

Client Alert | April 21, 2022

Supreme Court Holds That Regulation Applying Different Rules To Off-Premises Advertisements Is Content Neutral

Today, the Supreme Court held that a regulation treating on-premises signs—those that contain advertisements for the place where the signs are located—differently from off-premises signs is content neutral and therefore not subject to strict scrutiny under the First Amendment.

Client Alert | April 21, 2022

Gibson Dunn Appoints Thomas Dupree and Julian Poon to Join Allyson Ho as Co-Chairs of the Appellate and Constitutional Law Practice Group

Gibson, Dunn & Crutcher LLP is pleased to announce that partners Thomas H. Dupree Jr. and Julian W. Poon will serve as Co-Chairs of the Appellate and Constitutional Law Practice Group alongside partner and current Co-Chair Allyson Ho.

Press Releases | April 13, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards

On March 31, 2022, the Supreme Court held 8-1 that federal jurisdiction to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act must exist independent of the underlying controversy - that is, courts cannot “look through” to the underlying dispute to establish federal subject-matter jurisdiction.

Client Alert | March 31, 2022