507 Search Results

September 10, 2021 |
California Supreme Court Reinforces Strong Presumption Against Liability for Companies Hiring Independent Contractors Based on Injuries to Contract Workers

On September 9, the Supreme Court of California issued its ruling in Sandoval v. Qualcomm Inc., No. S252796, ___ Cal.5th ___.  The decision is the latest in a line of cases reinforcing the strong presumption under California law that a person who hires an independent contractor delegates to the contractor all responsibility for the

September 8, 2021 |
Federal Circuit Update (August 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes new petitions for certiorari in cases originating in the Federal Circuit concerning the Patent Trial and Appeal Board’s NHK-Fintiv Rule.  This Update also discusses recent Federal Circuit decisions.  Notably, starting with the September 2021 court sitting, the cour

August 23, 2021 |
Second Quarter 2021 Update on Class Actions

This update provides an overview of key class action developments during the second quarter of 2021.  Part I covers TransUnion v. Ramirez, 141 S. Ct. 2190 (2021), an important decision from the Supreme Court about Article III standing and its application to damages class actions.  Significantly, the Supreme Court for the first ti

August 23, 2021 |
Randy Mastro and Akiva Shapiro Named Litigators of the Week

The Am Law Litigation Daily named New York partners Randy Mastro and Akiva Shapiro as its Litigators of the Week for their “extraordinary SCOTUS win for New York landlords” in securing a writ of injunction in a constitutional challenge to New York State's COVID‑19 eviction moratorium.  The publication noted their “knack for getting the att

August 13, 2021 |
Supreme Court Enjoins Enforcement of New York State’s Eviction Moratorium

Decided August 12, 2021 Chrysafis v. Marks, No. 21A8 On Thursday, August 12, 2021, the Supreme Court granted Gibson Dunn’s request for an extraordinary writ of injunction pending appeal and held that New York State’s eviction moratorium law (“CEEFPA”)—which bars landlords from commencing or continuing eviction proceed

August 4, 2021 |
Alice at Six: Patent Eligibility Comes of Age

Washington, D.C. partner Mark Perry and San Francisco associate Jaysen Chung are the authors of "Alice at Six: Patent Eligibility Comes of Age," [PDF] published by the Chicago-Kent Journal of Intellectual Property on August 2, 2021.

August 2, 2021 |
Federal Circuit Update (July 2021)

This edition of Gibson Dunn’s Federal Circuit Update discusses recent Federal Circuit decisions concerning pleading requirements, obviousness, and more Western District of Texas venue issues.  Also this month, the U.S. Senate voted to confirm Tiffany P. Cunningham to be United States Circuit Judge for the Federal Circuit and Feder

July 9, 2021 |
Supreme Court Round-Up (July 2021)

Gibson Dunn’s Supreme Court Round-Up provides summaries of the Court’s opinions from this Term, a preview of cases set to be argued next Term, and other key developments on the Court’s docket.  In the October 2020 Term, the Court heard argument in 57 cases, including 2 original-jurisdiction cases, and Gibson Dunn was counsel

July 6, 2021 |
Federal Circuit Update (June 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the Supreme Court’s decisions in Arthrex and Minerva Surgical.  It also discusses recent Federal Circuit decisions concerning patent eligibility, subject matter jurisdiction, prosecution laches, and more Western District of Texas venue issues.  The Federal Circuit

July 1, 2021 |
Supreme Court Holds That California’s Donor Disclosure Law Violates The First Amendment

Decided July 1, 2021 Americans for Prosperity Foundation v. Bonta, No. 19-251, consolidated with Thomas More Law Center v. Bonta, No. 19-255 Today, the Supreme Court held 6-3 that California’s requirement that non-profit organizations disclose their donor lists unconstitutionally burdens those organizations’ expressive asso

June 29, 2021 |
Supreme Court Holds That Private Parties Can Sue States To Seize State Property Along Federally Approved Pipeline Routes

Decided June 29, 2021 PennEast Pipeline Co. v. New Jersey, No. 19-1039 Today, the Supreme Court held in a 5-4 decision that the Natural Gas Act authorizes a private party who has obtained federal government approval to exercise eminent domain power along a federally approved pipeline route to sue a State to condemn state land.

June 29, 2021 |
Supreme Court Upholds, But Limits, The Doctrine Of Patent Assignor Estoppel

Decided June 29, 2021 Minerva Surgical Inc. v. Hologic Inc., No. 20-440 Today, the Supreme Court upheld the doctrine of assignor estoppel in patent cases, concluding in a 5-4 decision that a patent assignor cannot, with certain exceptions, subsequently challenge the patent’s validity. Background: Csaba Truckai co-invented t

June 30, 2021 |
The Two Teds – Episode 4 – Marriage Equality

On this episode of the podcast, Ted Olson and Ted Boutrous talk about the landmark court cases that helped to define marriage equality in the United States, including their work in overturning California’s Proposition 8. You’ll hear them discuss the legal strategies at play and why it was important to win over the hearts and minds of the Americ

June 25, 2021 |
Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages

Decided June 25, 2021 TransUnion LLC v. Ramirez, No. 20-297 Today, the Supreme Court ruled 5-4 that every member of a class certified under Rule 23 must establish Article III standing in order to be awarded individual damages. Background: In February 2011, Sergio Ramirez was unable to purchase a car after a TransUnion credit

June 25, 2021 |
Supreme Court Upholds Broad Eligibility For Small Refineries Seeking Hardship Exemptions From Compliance With The EPA’s Renewable Fuel Standards

Decided June 25, 2021 HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, No. 20-472 Today, the Supreme Court held 6-3 that the Clean Air Act authorizes the EPA to exempt a small refinery from compliance with the renewable fuel standards program, even if the small refinery had not received an exemption each yea

June 23, 2021 |
Supreme Court Holds Federal Housing Finance Agency’s Structure Unconstitutional; Remands For Further Proceedings On Appropriate Remedy

Decided June 23, 2021 Collins v. Yellen, No. 19-422 Yellen v. Collins, No. 19-563 Today, the Supreme Court held 6-3 that the structure of the Federal Housing Finance Agency—led by a single Director, removable only “for cause”—violates the Constitution’s separation of powers, but ruled 8-1 that a remand is necessary t

June 21, 2021 |
Supreme Court Holds That The Constitution Requires Administrative Review of PTAB Decisions

Decided June 21, 2021 United States v. Arthrex, Inc., No. 19-1434; Smith & Nephew, Inc. v. Arthrex, Inc., No. 19-1452; Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458 Today, the Supreme Court held 5-4 that the absence of Executive Branch review of decisions rendered by Administrative Patent Judges (APJs) of the

June 21, 2021 |
Supreme Court Holds That Sherman Act Bars NCAA From Limiting Education-Related Benefits For Student-Athletes

Decided June 21, 2021 Nat’l Collegiate Athletic Ass’n v. Alston, No. 20-512; and Am. Athletic Conf. v. Alston, No. 20-520 Today, the Supreme Court unanimously held that the NCAA’s current limits on education-related benefits for student-athletes violate the Sherman Act. Background: The NCAA imposes eligibility rules fi

June 21, 2021 |
Supreme Court Tells Second Circuit To Clarify Securities Class Certification Ruling, And Holds That Defendants Have The Burden Of Persuasion In Rebutting The Basic Presumption

Decided June 21, 2021 Goldman Sachs Group Inc. v. Arkansas Teacher Retirement System, No. 20-222 Today, the Supreme Court held 8-1 that the Second Circuit must clarify its reasoning in its certification of a securities class action against Goldman Sachs, and held 6-3 that the defendant bears the burden of persuasion when attemp

June 21, 2021 |
New York Court of Appeals Adds Two New Judges

On June 8, 2021, the New York Senate confirmed the appointment of Anthony Cannataro and Madeline Singas to the seven-member New York Court of Appeals.  Judge Cannataro, who was formerly the Administrative Judge of the Civil Court of the City of New York, will fill the vacancy left by Judge Paul Feinman, who recently passed away.  J

June 17, 2021 |
Supreme Court Holds That The First Amendment Prohibits Philadelphia From Requiring Catholic Foster-Placement Agency To Certify Same-Sex Couples As Foster Parents

Decided June 17, 2021 Fulton v. City of Philadelphia, No. 19-123 Today, the Supreme Court held 9-0 that Philadelphia violated the First Amendment by refusing to contract with a Catholic agency for declining to certify same-sex couples as foster parents. Background: Philadelphia contracts with private agencies to place chil

June 17, 2021 |
Supreme Court Rejects A Challenge To The Affordable Care Act’s Individual Mandate Because Plaintiffs Have No Standing

Decided June 17, 2021 Texas v. California, No. 19-1019, consolidated with California v. Texas, No. 19-840 Today, the Supreme Court rejected another challenge to the Affordable Care Act’s individual mandate because the plaintiffs lacked standing to challenge it. Background: In 2012, the Supreme Court rejected constitutiona

June 17, 2021 |
Supreme Court Limits Extraterritorial Reach Of The Alien Tort Statute

Decided June 17, 2021 Nestlé USA, Inc. v. Doe, No. 19-416, consolidated with Cargill, Inc. v. Doe, No. 19-453 Today, the Supreme Court held 8-1 that plaintiffs suing domestic corporations for aiding and abetting international law violations overseas had failed to allege a sufficient domestic nexus for the conduct to support l

June 16, 2021 |
Webcast: The Supreme Court’s Omnicare Decision: A Key Tool for Defending Securities Litigation Brought Against Life Sciences Companies

For the past several years, life sciences companies have been a frequent target of securities class action lawsuits. These lawsuits often arise from statements regarding the development, efficacy, and/or success of an emerging drug or life sciences product. Among the key arguments that life sciences companies can make in defending against these law

June 9, 2021 |
New York Court of Appeals Clarifies Reach of New York Consumer Protection Statute

Last week, the New York Court of Appeals issued an important decision clarifying the reach of New York’s consumer protection statute, which broadly prohibits any deceptive, “consumer-oriented” business conduct.[1]  The Court’s holding confirms the expansive reach of what constitutes “consumer-oriented” conduct, making cl

June 8, 2021 |
Federal Circuit Update (May 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes a new petition for certiorari in a case originating in the Federal Circuit concerning anticipation of method-of-treatment claims.  It also discusses recent Federal Circuit decisions concerning assignment agreements, personal jurisdiction, and more Western District of

June 3, 2021 |
Supreme Court Narrows Scope Of Computer Fraud and Abuse Act, Holding It Does Not Prohibit Accessing Otherwise Available Information For An Improper Purpose

Decided June 3, 2021 Van Buren v. United States, No. 19-783 Today, the Supreme Court held 6-3 that the Computer Fraud and Abuse Act does not cover obtaining information for an improper purpose if the user is otherwise authorized to access that information. Background: The Computer Fraud and Abuse Act of 1986 (CFAA) creates cr

May 25, 2021 |
Supreme Court Holds That Only Superfund-Specific Settlements Can Trigger Contribution Under CERCLA Section 113(f)(3)(B)

Decided May 24, 2021 Guam v. United States, No. 20-382 Yesterday, the Supreme Court held 9-0 that only the resolution of CERCLA-specific liability could give rise to a contribution claim under the Superfund statute. The Court’s decision revives Guam’s cost recovery action against the U.S. Navy for the cleanup of hazardous w

May 20, 2021 |
Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021

In its 2021 edition, Chambers USA awarded Gibson Dunn 94 first-tier rankings, of which 33 were firm practice group rankings and 61 were individual lawyer rankings. Overall, the firm earned 323 rankings – 96 firm practice group rankings and 227 individual lawyer rankings. Gibson Dunn earned top-tier rankings in the following practice group cate

May 17, 2021 |
Supreme Court Holds That Anti-Injunction Act Does Not Bar Pre-Enforcement Challenges To Reporting Mandates Backed By Both Tax Penalties And Criminal Punishment

Decided May 17, 2021 CIC Services, LLC v. IRS, No. 19-930 Today, the Supreme Court unanimously held that the Anti-Injunction Act does not bar pre-enforcement judicial review of reporting mandates enforced by tax penalties, at least when a mandate is also enforced by criminal punishment. Background: CIC Services, LLC advises c

May 17, 2021 |
Supreme Court Confirms That Appellate Courts Have Broad Authority To Review Entirety Of Appealable Remand Orders

Decided May 17, 2021 BP plc v. Mayor & City Council of Baltimore, No. 19-1189 Today, the Supreme Court held 7-1 that appellate courts have jurisdiction to review all grounds for removal in a remand order so long as removal is premised in part on the federal-officer removal statute or the civil-rights removal statute. Back

May 6, 2021 |
Appeals 2021: United States

Washington, D.C. partner Mark Perry and Los Angeles partner Perlette Michèle Jura are the authors of the "United States" [PDF] chapter in Appeals 2021 published by Lexology in May 2021.

May 3, 2021 |
Federal Circuit Update (April 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes a new petition for certiorari in a case originating in the Federal Circuit concerning the Kessler preclusion doctrine, it addresses the Federal Circuit’s announcement that Judge Moore will become Chief Judge on May 22, 2021, and it discusses recent Federal Circuit d

April 22, 2021 |
Supreme Court Restricts Power Of The Federal Trade Commission To Seek Monetary Relief In Courts

Decided April 22, 2021 AMG Capital Management v. FTC, No. 19-508 Today, the Supreme Court held 9-0 that Section 13(b) of the Federal Trade Commission Act, which authorizes federal courts to issue “permanent injunction[s]” in FTC enforcement actions, does not include the power to award equitable monetary relief such as rest

April 19, 2021 |
The Two Teds – Episode 3 – The First Amendment

Protecting First Amendment rights has long been a hallmark of Gibson Dunn’s practice. In particular, we have vigilantly defended freedom of the press and its indispensable role in a healthy democracy. On this episode of the podcast, Ted Boutrous and Ted Olson discuss some of the most important and interesting First Amendment cases they've worked

April 5, 2021 |
Federal Circuit Update (March 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes key petitions for certiorari in cases originating in the Federal Circuit, addresses the Federal Circuit’s announcement that Judge Wallach will be taking senior status and the court’s updated Rules of Practice, and discusses recent Federal Circuit decisions concerni

April 5, 2021 |
Supreme Court Holds That Google’s Use Of Oracle’s Java Software Interface Is Fair Use

Decided April 5, 2021 Google LLC v. Oracle America, Inc., No. 18-956 Today, the Supreme Court held 6-2 that Google’s use of the Java interface in the Android platform falls within the fair use doctrine.  Background: Sun Microsystems launched the Java platform in the 1990s to allow software developers to write and run appli

April 5, 2021 |
Former Solicitor General of Texas Kyle Hawkins Returns to Gibson Dunn

Gibson, Dunn & Crutcher LLP is pleased to announce that Kyle D. Hawkins has rejoined the firm as a partner in the Houston office.  Hawkins recently served as the Solicitor General of Texas and will focus on appellate and constitutional law, class actions and commercial litigation. “We are pleased to welcome Kyle back to the firm and to ou

April 5, 2021 |
Thomas Dupree Named Litigator of the Week

The Am Law Litigation Daily named Washington, D.C. partner Thomas Dupree a Litigator of the Week for successfully securing a California Court of Appeal ruling unanimously in favor of FCA US in a case involving California’s lemon law that was closely watched by the automobile industry. The profile was published on April 2, 2021. Tom Dupree is a

April 5, 2021 |
Gibson Dunn Wins Six Awards at 2021 Benchmark Litigation US Awards Ceremony

Benchmark Litigation recognized Gibson Dunn at its 2021 Benchmark US awards ceremony with six awards. Gibson Dunn was named East Coast Appellate Firm of the Year, California Antitrust Firm of the Year and California Labor & Employment Firm of the Year.  Additionally, Los Angeles partner Theane Evangelis was named California Labor & Emplo

April 1, 2021 |
Supreme Court Declines To Extend Telephone Consumer Protection Act’s Coverage Of Automatic Telephone Dialing Systems

Decided April 1, 2021 Facebook, Inc. v. Duguid, No. 19-511 Today, the Supreme Court unanimously held that a device counts as an automatic telephone dialing system under the Telephone Consumer Protection Act only if it stores or produces telephone numbers using a random or sequential number generator.  Background: Facebook us

April 1, 2021 |
Supreme Court Holds That FCC Permissibly Relaxed Media Ownership Limits

Decided April 1, 2021 FCC v. Prometheus Radio Project, No. 19 1231; and Nat’l Ass’n of Broadcasters v. Prometheus Radio Project, No. 19 1241 Today, the Supreme Court held 9-0 that the Federal Communications Commission (FCC) permissibly relaxed three decades-old rules limiting ownership of broadcast stations as part of

March 18, 2021 |
The Two Teds – Episode 2 – Bush v Gore and Election Litigation

When Ted Olson argued Bush v Gore before the Supreme Court, it was one of the most important and historic moments in recent legal history. On this episode of “The Two Teds,” Olson and Ted Boutrous take a deep dive and explain what it took to manage the sprawling legal team and prepare for arguments. They also tackle the most recent election and

March 17, 2021 |
The Two Teds – Episode 1 – Opening Statements

In this first episode of “The Two Teds,” Ted Boutrous and Ted Olson discuss the paths that led them to become two of America’s leading litigators. They delve into their backgrounds and what drove them to become lawyers. They also touch on legal cases they’ve worked on together and Ted Olson’s first Supreme Court case. Next Episode A

March 3, 2021 |
Federal Circuit Update (February 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three pending Supreme Court cases originating in the Federal Circuit and key filings for certiorari review.  We address the Federal Circuit’s announcement that it will now offer a live audio streaming program for oral argument.  And we discuss other recent Fede

February 26, 2021 |
The Case of the Century – The French Administrative Court Issues a Groundbreaking Ruling on State Responsibility for Climate Change

In response to a claim brought by several environmental advocacy groups (the Associations), which sought to obtain the recognition of the French State’s failure to act in response to climate change, the Administrative Court of Paris (the Court) ruled, for the first time in French law, in a judgment of February 3, 2021, that such a

February 16, 2021 |
Three Gibson Dunn Cases Named Top Verdicts of the Year 2020

The Daily Journal recognized three Gibson Dunn wins in its annual feature on the top verdicts in California for 2020.  The publication named Judd v. Weinstein and Pico Neighborhood Association v. City of Santa Monica among its Top 5 Appellate Reversals and Kirkman et al. v. AMC Film Holdings et al. among its Top 20 Defense Results. The feature was

February 1, 2021 |
Federal Circuit Update (January 2021)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three pending Supreme Court cases originating in the Federal Circuit and key filings for certiorari review. We address the Federal Circuit’s updates to its Oral Argument Guide and its new procedures for handling highly sensitive information.  And we discuss othe

January 27, 2021 |
First Circuit Narrows Scope of the Wire Act, Reversing Office of Legal Counsel Opinion

In a decision with far-reaching implications for the online gaming industry, on January 20, 2021, the U.S. Court of Appeals for the First Circuit held that the prohibition on the transmission of interstate wagers under the Wire Act, 28 U.S.C. § 1084, applies only to bets and wagers placed on sporting events, and not, as the Office o

January 25, 2021 |
California Attorney General End of Term Update

Introduction In December 2020, California Attorney General Xavier Becerra was announced to be President-Elect Joseph R. Biden, Jr.’s pick to lead the Department of Health and Human Services. The California Attorney General’s Office is the second largest Justice Department in the United States, second only to the U.S. Department

January 22, 2021 |
Year-End and Fourth Quarter 2020 Update on Class Actions

Our year-end 2020 report provides an update on the application of Article III in class and other complex litigation. First, we discuss the significance of the Supreme Court’s recent grant of certiorari in TransUnion LLC v. Ramirez, No. 20-297, __ S. Ct. __, 2020 WL 7366280 (U.S. Dec. 16, 2020), which concerns the propriety of cer

January 21, 2021 |
Five Gibson Dunn Attorneys Named Among Washingtonian Magazine’s 2020 Top Lawyers

Washingtonian magazine named five Washington, D.C. partners to its 2020 Top Lawyers, which features “Washington’s top legal talent,” in their respective practice areas: Miguel Estrada was named a Top Lawyer in the Supreme Court category – Miguel has argued 24 cases before the United States Supreme Court, and briefed many others. The

January 19, 2021 |
Webcast: Supreme Court Roundup

Summary and analysis of the significant and high-profile cases before the Supreme Court this Term, particularly those affecting the business community. View Slides (PDF) PANELISTS: Blaine Evanson & Lauren Blas MCLE CREDIT INFORMATION: This program has been approved for credit in accordance with the requirements of

January 7, 2021 |
Invalid appointments and the restoration of DACA

San Francisco partner Ethan Dettmer and Washington, D.C. associates Suria Bahadue and Matthew Rozen are the authors of "Invalid appointments and the restoration of DACA," [PDF] published by the Daily Journal on January 4, 2021.

January 11, 2021 |
2019/2020 Federal Circuit Year in Review

We are pleased to present Gibson Dunn’s eighth “Federal Circuit Year In Review,” providing a statistical overview and substantive summaries of the 130 precedential patent opinions issued by the Federal Circuit between August 1, 2019 and July 31, 2020. This term was marked by significant panel decisions with regard to the constitutionality of

December 23, 2020 |
Tips for District Court Amicus Brief Success

New York partner Akiva Shapiro and associates Lee Crain and Amanda LeSavage are the authors of "Tips for District Court Amicus Brief Success," [PDF] published by the New York Law Journal on December 23, 2020.

December 10, 2020 |
Supreme Court Holds That ERISA Does Not Preempt Arkansas’ Law Regulating Pharmacy Reimbursement Rates

Decided December 10, 2020 Rutledge v. Pharmaceutical Care Management Ass’n, No. 18-540 Today, the Supreme Court held 8-0 that ERISA does not preempt an Arkansas statute regulating the rates at which pharmacy benefit managers reimburse pharmacies for prescription drug costs.  Background: Section 514(a) of the Employee Retir

December 7, 2020 |
New York Court of Appeals Round-Up & Preview

This year presented unique challenges for the Court, as New York was situated at the national epicenter of the COVID-19 pandemic.  When the virus’s effects took hold in March, the Court responded by limiting access to its courthouse.  By the end of the month, the Governor issued an Executive Order suspending various litigation deadlines and iss

December 6, 2020 |
Holocaust Survivors Deserve Their Day in Court

New York partner Akiva Shapiro is the author of "Holocaust Survivors Deserve Their Day in Court," [PDF] published by The Wall Street Journal on December 6, 2020.

December 2, 2020 |
Gibson Dunn Named a 2020 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2020 in its November 30, 2020 article "The Firms That Dominated in 2020,” featuring eight firms that received the most Practice Group of the Year awards.  The publication noted that its Firms of the Year are honored “for guiding landmark deals, scoring victories in high-profile disputes and helpi

November 30, 2020 |
Gibson Dunn Secures Landmark Supreme Court Decision Enjoining COVID-19 Restrictions On Houses of Worship

Decided November 25, 2020 Roman Catholic Diocese of Brooklyn, New York v. Cuomo, No. 20A87 On Wednesday, November 25, 2020, the Supreme Court ruled in favor of Gibson Dunn client The Roman Catholic Diocese of Brooklyn, New York, holding that provisions of a New York Executive Order that imposed “severe” fixed-capacity restr

November 3, 2020 |
The National Law Journal Names Gibson Dunn to 2020 Appellate Hot List

The National Law Journal named Gibson Dunn to its 2020 Appellate Hot List, which features law firms that “tackled novel issues and undoubtedly overcame unprecedented challenges over the past year, boasting high-profile and high-stakes wins in the nation’s highest appellate courts across a number of practice areas.” The Appellate Hot List was

October 22, 2020 |
The Jurisprudence of Supreme Court Nominee Amy Coney Barrett

Today, a majority of the Senate Judiciary Committee voted to approve Judge Amy Coney Barrett to fill the seat on the Supreme Court of the United States vacated by the passing of Justice Ruth Bader Ginsburg. If confirmed by the full Senate, Judge Barrett would become the third female Justice to serve on the current Supreme Court, and

October 16, 2020 |
Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2021 edition and named 66 partners as Litigation Stars and Future Stars across the U.S.  Nationally, the firm received Tier 1 rankings in the Appellate, Competition/Antitrust, Commercial, Intellectual Property, Labor and Employment, Securities and Wh

October 5, 2020 |
Supreme Court Round-Up (October 2020)

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.  To date, the Court has granted certiorari in 34 cases and set 2 original-jurisdiction cases for argument for the 2020

October 5, 2020 |
Law360 Names Eight Gibson Dunn Partners as 2020 MVPs

Law360 named eight Gibson Dunn partners among its 2020 MVPs.  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.” The list was published on October 4, 2020. Gibson Dunn’s MVPs are: Thomas Dupree,

September 15, 2020 |
Supreme Court Round-Up (September 2020)

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.  To date, the Court has granted certiorari in 30 cases and set 1 original-jurisdiction case for argument for the 2020

September 9, 2020 |
Matthew McGill Named a Washington, D.C. Trailblazer

The National Law Journal named Washington, D.C. partner Matthew McGill among its 2020 Washington, D.C. Trailblazers. McGill was recognized for his work convincing the Supreme Court to strike down the Professional and Amateur Sports Protection Act of 1992. The report was published in September 2020. Matthew McGill is an appellate litigator who ha

August 21, 2020 |
California Supreme Court Round-Up – August 2020

The California Supreme Court Round-Up previews upcoming cases and summarizes select opinions issued by the Court.  This edition includes opinions handed down from December 2019 through August 2020, organized by subject.  Each entry contains a description of the case, as well as a substantive analysis of the Court’s decision. Upd

August 14, 2020 |
California Supreme Court Announces 7-Factor “Good Cause” Test for Third-Party Subpoenas

On August 13, 2020, the California Supreme Court issued its ruling in Facebook v. Superior Court (“Touchstone”), No. S245203, ___Cal.5th___. The decision provides a framework for courts evaluating a criminal defendant’s third-party subpoena of records relating to a crime victim or prosecution witness. In Touchstone, a crimina

August 4, 2020 |
California Supreme Court Answers Important Questions About The Bounds Of Legitimate Business Competition Under California Tort And Antitrust Law

On August 3, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on important questions about the bounds of legitimate business competition under California tort and antitrust law in Ixchel Pharma, LLC v. Biogen, Inc., No. S256927. The Court issued a unanimous opinion addressing two

August 4, 2020 |
INSIGHT: The SEC’s Failing Report Card on Regulatory Losses

Washington, D.C. partner Thomas Hungar is the author of "INSIGHT: The SEC's Failing Report Card on Regulatory Losses," [PDF] published by Bloomberg Law on July 31, 2020.

August 3, 2020 |
Developments in Immigration and Customs Enforcement of Foreign Student Visa Policy Under COVID-19

The COVID-19 pandemic has posed challenges for international students, and the universities and colleges they attend, as they prepare for the Fall 2020 school semester. Post-secondary education institutions responded to these challenges by considering the best interests, as well as the health and safety, of their students in shaping

July 21, 2020 |
Supreme Court quietly eliminates critical constitutional protections

Washington, D.C. partner Joshua Lipshutz and San Francisco associates Warren Loegering and Zach Tan are the authors of "Supreme Court quietly eliminates critical constitutional protections," [PDF] published by the Daily Journal on July 20, 2020.

July 20, 2020 |
Supreme Court 2019 Term – Summary Of Decisions Affecting Business Litigation

The COVID-19 pandemic made this an unprecedented Term at the Supreme Court. The Court heard telephonic oral arguments in May, issued opinions well into July, and deferred ten cases until the October 2020 Term. Despite all of this, the Court’s business docket continued largely uninterrupted. Gibson Dunn has previously published its

July 15, 2020 |
Supreme Court Round-Up (July 2020)

Following the close of the Supreme Court’s 2019 Term, Gibson Dunn’s Supreme Court Round-Up provides summaries of the Court’s opinions, the questions presented in cases that the Court will hear next Term, and other key developments on the Court’s docket.  Gibson Dunn presented 5 oral arguments during the 2019 Term, and was involved in 18 ad

July 13, 2020 |
U.S. Supreme Court to Weigh FTC Restitution Authority

On Thursday, July 9, 2020, the U.S. Supreme Court consolidated and agreed to review two closely watched cases, FTC v. Credit Bureau Center, LLC (case number 19-825) and AMG Capital Management, LLC v. FTC (case number 19-508), concerning whether Section 13(b) of the Federal Trade Commission Act (“FTC Act”) authorizes the FTC

July 10, 2020 |
Ninth Circuit Asks The New York Court of Appeals Whether Litigation Financing Agreements Are “Usurious”

The New York Court of Appeals recently accepted a certified question from the United States Court of Appeals for the Ninth Circuit that could have far-reaching consequences for the litigation funding industry. Litigation funding typically involves a funder lending money to a client and/or her counsel on a non-recourse basis to pursue

July 6, 2020 |
Supreme Court Upholds TCPA’s Robocall Ban, But Strikes Government-Debt Exception As Unconstitutional Under First Amendment

Decided July 6, 2020 Barr v. American Association of Political Consultants, Inc., No. 19-631 Today, the Supreme Court held 6-3 that the federal-debt-collection exception to the TCPA’s robocall ban violates the First Amendment, but also held 7-2 that the proper remedy is to sever the exception—leaving in place the entirety o

July 6, 2020 |
Westlaw: Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic

New York partner Avi Weitzman, Washington, D.C. partner Mark Perry and New York partner Akiva Shapiro are the authors of "Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic," [PDF] published by Westlaw on July 1, 2020.

July 1, 2020 |
California Supreme Court Answers Critical Questions on Jurisdictional Scope of Certain Labor Laws and Minimum Wage Compliance for Employers Utilizing Non-Hourly Wage Units

On June 29, 2020, in response to a request from the Ninth Circuit, the California Supreme Court provided guidance on pressing questions of California employment law in Oman v. Delta Airlines, Inc., No. S248726, ___Cal.5th___ (Oman). The Court issued a unanimous opinion on (1) the scope and applicability of California Labor Code Sec

June 29, 2020 |
Supreme Court Holds That Consumer Financial Protection Bureau’s Structure Is Unconstitutional

Decided June 29, 2020 Seila Law LLC v. Consumer Financial Protection Bureau, No. 19-7 Today, the Supreme Court held 5-4 that the single-Director structure of the Consumer Financial Protection Bureau violates the Constitution’s separation of powers, but ruled 7-2 that the proper remedy is to sever the Director’s statutory fo

June 26, 2020 |
California Supreme Court Holds That District Attorneys May Seek Statewide Civil Penalties and Restitution Under Unfair Competition Law

On June 25, 2020, the California Supreme Court issued its second major Unfair Competition Law (“UCL”) opinion of the term, unanimously deciding in Abbott Laboratories v. Superior Court, No. S249895, ___Cal.5th___, that local prosecutors have the power to seek civil penalties for violations in California that occur outside the

June 25, 2020 |
High Court Should Review Goldman’s Maintenance Theory

Washington, D.C. partners Miguel Estrada and Mark Perry and associate Kellam Conover are the authors of "High Court Should Review Goldman's Maintenance Theory," [PDF] published by Law360 on June 24, 2020.

June 22, 2020 |
Supreme Court Limits Disgorgement Remedy In SEC Civil Enforcement Actions

Decided June 22, 2020 Liu v. Securities and Exchange Commission, No. 18-1501 Today, the Supreme Court held 8-1 that although the SEC may seek disgorgement in civil enforcement actions, the remedy must be limited to the wrongdoer’s net profits and be awarded for the benefit of victims.  Background: When alleging securities

June 22, 2020 |
COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border

Orange County partner Blaine Evanson and Los Angeles associates Daniel Adler and William Cole are the authors of "COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border," [PDF] published by Reason on June 19, 2020.

June 18, 2020 |
Supreme Court Rejects DHS’s Decision To Terminate DACA

Decided June 18, 2020 Department of Homeland Security, et al., v. Regents of the University of California, et al. and related cases, Nos. 18-587, 18-588, and 18-589 Today, in a 5-4 decision, the Supreme Court held that DHS’s decision to terminate the Deferred Action for Childhood Arrivals policy is unlawful.  Background:

June 15, 2020 |
Supreme Court Holds That Title VII’s Prohibition On Discrimination Because Of Sex Includes Sexual Orientation And Transgender Status Discrimination

Decided June 15, 2020 Bostock v. Clayton County, Georgia, No. 17-1618; Altitude Express, Inc. v. Zarda, No. 17-1623; and R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, No. 18-107 Today, the Supreme Court held 6-3 that the prohibition on sex discrimination in Title VII of the Civil R

June 1, 2020 |
Supreme Court Holds That The New York Convention Permits The Use Of Equitable Estoppel To Enforce An Arbitration Agreement Among Nonsignatories

Decided June 1, 2020 GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, No. 18-1048 Today, the Supreme Court unanimously held that the New York Convention permits the use of state-law equitable estoppel doctrines to compel arbitration between parties that did not sign the arbitration agreement.  Background

June 1, 2020 |
Supreme Court Upholds The Appointments Of The Members Of The Puerto Rico Financial Oversight And Management Board

Decided June 1, 2020 Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, Nos. 18-1334, 18-1475, 18-1496, 18-1514, 18-1521 Today, the Supreme Court held that the appointments of the members of the Financial Oversight and Management Board for Puerto Rico did not violate the Appointments Clause o

June 1, 2020 |
Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach

Decided June 1, 2020 Thole v. U.S. Bank, N.A., No. 17-1712 Today, the Supreme Court held 5-4 that participants in defined-benefit pension plans lack Article III standing to sue under ERISA for alleged breach of fiduciary duties because, whether or not they prevail in the action, they will receive the same payments for the rest

May 19, 2020 |
Recent Constitutional Litigation Challenging Governmental Responses to the COVID-19 Pandemic

I. Overview In previous alerts, we discussed the constitutional limitations on governmental responses to COVID-19 under the Takings, Contracts, Due Process, and Equal Protection Clauses of the U.S. Constitution, and have also considered how the constitutional right to travel and the Dormant Commerce Clause limits governmental ac

May 18, 2020 |
Supreme Court Holds That Amendments To The Foreign Sovereign Immunities Act Retroactively Authorized Punitive Damages Against Foreign State Sponsors Of Terrorism

Decided May 18, 2020 Opati v. Republic of Sudan, No. 17-1268 Today, the Supreme Court held 8-0 that the Foreign Sovereign Immunities Act (“FSIA”) amendments of 2008 authorize punitive damages in suits against foreign states based on conduct predating the amendments.  Background: In 1998, al Qaeda set off truck bombs outs

May 14, 2020 |
Supreme Court Casts Doubt On “Defense Preclusion”

In a case brought under federal trademark law, the Supreme Court held 9-0 that preclusion does not bar a defendant from raising new defenses in response to new claims.  Background: The doctrine of claim preclusion prevents parties from raising an issue that could have been raised in a prior action between the parties. Claim preclu

May 12, 2020 |
New York Appellate Division, First Department Lifts March 2020 Suspension Order, Reinstating Key Appellate Deadlines and Effectively Reopening the Court for New Appeals

New York State’s Appellate Division, First Department handles over 3,000 appeals each year—more than the number of appeals pending in eight of the federal appellate courts in 2019.  Its docket includes some of the most high-profile and significant commercial appeals in the State and the nation, as it reviews trial-level decisi

May 7, 2020 |
Supreme Court Holds That Copyright Protection Does Not Extend To Annotations Accompanying Statutory Text

On April 27, 2020, a divided Supreme Court held in Georgia v. Public.Resource.Org, Inc. that Copyright protection does not extend to the annotations contained in Georgia’s official annotated code. 590 U.S. ___, No. 18-1150, 2020 WL 1978707, at *3 (U.S. Apr. 27, 2020). The “government edicts” doctrine, the Court held, puts

May 6, 2020 |
Federal Circuit Update (May 2020)

This edition of Gibson Dunn’s Federal Circuit Update summarizes the three Supreme Court decisions in cases originating in the Federal Circuit decided in April and key filings for certiorari review. We address the court’s proposed amendment to the Federal Circuit Rules of Practice, announced last month, and observed changes in i

May 1, 2020 |
California Supreme Court Holds No Right to Jury Trial for Unfair-Competition or False-Advertising-Law Claims

On April 30, 2020, the California Supreme Court issued a long-awaited opinion in Nationwide Biweekly Administration Inc. v. Superior Court, No. S250057, ___ Cal.5th ___ regarding whether civil actions brought by governmental entities on behalf of the People, seeking statutory penalties under the Unfair Competition Law, Business and

May 1, 2020 |
The Constitutional Consequences of Governmental Responses to COVID-19:  The Right to Travel and the Dormant Commerce Clause

The COVID-19 pandemic has resulted in unprecedented governmental actions at the federal, state, and local levels.  Those actions have raised substantial constitutional questions.  In previous alerts, we discussed the constitutional implications of various proposed legislative and executive actions in response to COVID-19, includi

April 27, 2020 |
Supreme Court Holds That The Federal Government Must Reimburse Health Insurers For $12 Billion In Losses

Decided April 27, 2020 Maine Community Health Options v. United States, Nos. 18-1023, 18-1028, 18-1038 Today, the Supreme Court held 8-1 that Congress failed to effectively repeal the government’s obligation to make more than $12 billion in payments to insurers under the Patient Protection And Affordable Care Act risk corrido