The California Supreme Court held that, consistent with federal law, California courts should not consider prejudice to the party resisting arbitration when deciding whether a party has waived its right to compel arbitration.
Client Alert | July 26, 2024
Law360 named 13 Gibson Dunn lawyers among its Rising Stars for 2024, noting the firm “took the top spot” with most Rising Stars out of all law firms.
Firm News | July 15, 2024
The California Supreme Court held today that an arbitration agreement may be unconscionable if it requires a party resisting arbitration to pay the other party’s attorney’s fees, requires arbitration of claims commonly brought by employees but not those commonly brought by employers, or unreasonably shortens a statute of limitations. Yet even if an agreement contains unconscionable provisions, a court must analyze whether they may be severed and the rest of the agreement enforced.
Client Alert | July 15, 2024
This edition of Gibson Dunn’s Federal Circuit Update for June 2024 summarizes the current status of a couple petitions pending before the Supreme Court and recent Federal Circuit decisions concerning damages, trade secret misappropriation, patent eligibility under 35 U.S.C. § 101, and induced infringement.
Client Alert | July 12, 2024
With several landmark decisions this Term, the U.S. Supreme Court accelerated a substantial transformation of the law governing actions by regulatory agencies. The webcast takes stock of what these major cases mean for regulatory agencies going forward, particularly against the backdrop of other significant Supreme Court administrative law decisions in recent years.
Webcasts | July 11, 2024
Today, the Supreme Court held 6–3 that the six-year clock to bring a claim under the Administrative Procedure Act starts when an agency rule injures the plaintiff, not when the agency issues the rule.
Client Alert | July 1, 2024
A unanimous Fifth Circuit panel vacated the SEC’s 2022 rescission of its 2020 proxy firm disclosure rule because the SEC failed to explain why the factual findings that supported the 2020 Rule were incorrect.
Client Alert | July 1, 2024
The Supreme Court held 6-3 that Section 1512(c) of the Sarbanes-Oxley Act—which prohibits obstructing official proceedings—is limited to acts that impair the availability or integrity of evidence in an official proceeding.
Client Alert | June 28, 2024
The Supreme Court overruled Chevron v. Natural Resources Defense Council, a landmark decision that had required courts to defer to agencies’ reasonable interpretations of ambiguous statutory terms.
Client Alert | June 28, 2024
The Supreme Court held 6–3 that the constitutional prohibition on “cruel and unusual punishments” does not forbid low-level fines and jail terms for camping on public property.
Client Alert | June 28, 2024
In a case that further highlights the significance of the Court’s emergency docket for challenging agency rules, the Supreme Court (5-4) granted Ohio and several other applicants a stay that suspends the EPA’s “Good Neighbor” plan regulating some states’ emissions.
Client Alert | June 27, 2024
The Supreme Court held 6-3 that the Seventh Amendment to the United States Constitution requires the SEC to sue in federal court, not in the agency’s in-house court, when the SEC seeks civil penalties for fraud.
Client Alert | June 27, 2024
The Supreme Court held 6-3 that a federal bribery statute, 18 U.S.C. § 666(a)(1)(B), does not criminalize after-the-fact “gratuities” paid to state or local government officials in recognition for official acts, where there was no quid pro quo agreement to take those acts.
Client Alert | June 26, 2024
Today, in a case widely seen as a test of Congress’s ability to enact wealth taxes, the Supreme Court held narrowly that Congress did not violate the Sixteenth Amendment by requiring U.S. shareholders to pay a one-time tax on undistributed corporate earnings of controlled foreign corporations.
Client Alert | June 20, 2024
The California Supreme Court held that the standard language in commercial general liability policies allows an insured to access its excess insurance policy after exhausting its underlying primary insurance for the same policy period, not all primary insurance issued during the continuous period of injury.
Client Alert | June 18, 2024
The Supreme Court held 8-1 today that when the National Labor Relations Board seeks a preliminary injunction in court, it must satisfy the same traditional and demanding standard as any other litigant.
Client Alert | June 13, 2024
Today, the Supreme Court held that the Lanham Act’s prohibition on registration of trademarks that include a living person’s name without that person’s consent does not violate the First Amendment.
Client Alert | June 13, 2024
Gibson Dunn earned 62 practice area rankings, including 19 top-tier rankings in the 2024 edition of The Legal 500 – United States.
Firm News | June 12, 2024
This edition of Gibson Dunn’s Federal Circuit Update for May 2024 summarizes the current status of a new petition pending before the Supreme Court, a Federal Circuit en banc decision regarding the obviousness inquiry for design patents, and recent Federal Circuit decisions concerning standing, finality, personal jurisdiction, printed matter doctrine, and interferences under the pre-AIA statute.
Client Alert | June 7, 2024
In its 2024 edition, Chambers USA awarded Gibson Dunn 112 first-tier rankings, of which 36 were firm practice group rankings and 76 were individual lawyer rankings.
Firm News | June 6, 2024
Today, the Supreme Court unanimously held that the proceeds from a life insurance policy taken out by a corporation to redeem a decedent shareholder’s stock are a corporate asset for federal estate tax purposes.
Client Alert | June 6, 2024
Today, the Supreme Court unanimously held that an insurer with financial responsibility for bankruptcy claims is a “party in interest” under the Bankruptcy Code that has a right to participate in bankruptcy reorganization proceedings.
Client Alert | June 6, 2024
Douglas Fuchs, Eric Vandevelde, Matt Aidan Getz, Lindsay Laird and Jesse Schupack are the authors of "Petitioners and AG Bonta ask California Supreme Court to review constitutionality of death penalty" [PDF] published by the Daily Journal on May 31, 2024.
Article | May 31, 2024
Today, the Supreme Court held 9-0 that there is no categorical rule for determining whether federal law preempts state banking laws when applied to national banks, and instead adopted a test focused on whether the law interferes with a national bank’s exercise of its powers.
Client Alert | May 30, 2024
In this episode of "The Two Teds," Ted OIson and Ted Boutrous discuss the growing importance of media relations as a critical skill for lawyers and a potentially significant factor in controversial legal cases.
The Two Teds | May 28, 2024
The Texas Supreme Court held that courts cannot sever discrete issues for class treatment if the underlying claim doesn’t meet Rule 42’s class certification requirements.
Client Alert | May 24, 2024
Today, the Supreme Court unanimously held that a court, not an arbitrator, should decide if an arbitration agreement containing a delegation clause was narrowed by a later contract providing for disputes to be decided in court.
Client Alert | May 23, 2024
The California Supreme Court held today that commercial property insurance policies that pay for “direct physical loss or damage to property” do not apply to losses resulting from the alleged presence of the coronavirus.
Client Alert | May 23, 2024
Today, the Supreme Court held 7-2 that the Consumer Financial Protection Bureau’s funding structure—which allows the agency to draw money from the Federal Reserve—does not violate the Constitution’s Appropriations Clause.
Client Alert | May 16, 2024
Today, the Supreme Court held unanimously that the Federal Arbitration Act requires courts to stay, rather than dismiss, lawsuits in which all claims are subject to arbitration.
Client Alert | May 16, 2024
Gibson Dunn’s U.S. Supreme Court Round-Up provides summaries of cases decided during the October 2023 Term, a preview of cases set to be argued next Term, and highlights other key developments on the Court’s docket.
Client Alert | May 15, 2024
This edition of Gibson Dunn’s Federal Circuit Update for April 2024 summarizes the current status of several petitions pending before the Supreme Court, and recent Federal Circuit decisions concerning patent eligibility under 35 U.S.C. § 101, obviousness, and unenforceability due to inequitable conduct and unclean hands.
Client Alert | May 10, 2024
Today, the Supreme Court held 6-3 that a copyright plaintiff can recover damages for any timely claim of infringement, even if the infringement occurred more than three years before the suit’s filing.
Client Alert | May 9, 2024
Our most recent Class Actions Update provides an overview of key class action-related developments during the first quarter of 2024.
Client Alert | May 6, 2024
The California Supreme Court held today that an employer is not subject to statutory penalties for providing incomplete or inaccurate wage statements if it reasonably and in good faith believed the statements were accurate.
Client Alert | May 6, 2024
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
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
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
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
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
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
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 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
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
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
On March 1, 2024, a federal district court in Alabama ruled that the Corporate Transparency Act is unconstitutional.
Client Alert | March 18, 2024
The Daily Journal named Los Angeles partner Kevin Rosen among its 2024 Top Professional Responsibility Lawyers in California.
Firm News | March 6, 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
Los Angeles partner Julian Poon was elected to the American Academy of Appellate Lawyers.
Firm News | February 29, 2024
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