Appellate and Constitutional Law

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Supreme Court Holds That 2017 Mandatory Repatriation Tax Does Not Violate The Sixteenth Amendment

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

California Supreme Court Holds That An Insured Can Access Its First-Level Excess Policy After Exhausting Only The Underlying Primary Insurance For That Policy Period

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

Supreme Court Rejects Lower Standard For Preliminary Injunctions Sought By The National Labor Relations Board

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

Supreme Court Upholds Prohibition On Registration Of Trademarks That Incorporate Personal Names Without Consent

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 Ranked in 2024 U.S. Legal 500

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

Federal Circuit Update (May 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

Gibson Dunn Earns 112 Top-Tier Rankings in Chambers USA 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

Supreme Court Holds That A Corporation’s Life Insurance Proceeds Used To Redeem A Decedent’s Shares Must Be Included In Federal Estate Tax Calculation

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

Supreme Court Holds That Insurers With Financial Responsibility For Bankruptcy Claims May Be Heard In Reorganization Proceedings

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

Petitioners and AG Bonta Ask California Supreme Court to Review Constitutionality of Death Penalty

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

Supreme Court Announces Standard For Determining Whether Federal Law Preempts State Laws Regulating National Banks

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

The Two Teds – Episode 8 – Media Relations

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

Texas Supreme Court Holds Courts Cannot Certify Issue Classes Unless Underlying Claim Is Certifiable

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

Supreme Court Holds That Courts Must Decide Conflict Between Arbitration Delegation Clause And Later Forum Selection Clause

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

California Supreme Court Holds That COVID-19 Does Not Create “Direct Physical Loss Or Damage” To Insured Property

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

Supreme Court Holds CFPB’s Funding Structure Constitutional

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

Supreme Court Holds That The Federal Arbitration Act Requires Courts To Stay Cases That Are Subject To Arbitration

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

U.S. Supreme Court Round-Up (May 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

Federal Circuit Update (April 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

Supreme Court Holds That Copyright Act Has No Time Limit For Damages But Declines To Decide When Infringement Claims Are Timely

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

First Quarter 2024 Update on Class Actions

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

California Supreme Court Holds That Employers Have A Good-Faith Defense To Statutory Penalties For Wage-Statement Violations

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

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 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

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

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