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
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
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
The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.
Webcasts | January 13, 2022
Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.
Webcasts | January 13, 2022
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
In this recorded webcast, Gibson Dunn lawyers and an accounting expert examine purchase price adjustments in detail. The webcast includes discussions of the following: - A review of the issues that arise in negotiating purchase price adjustment provisions, and drafting tips for corporate counsel - A discussion of the common sources of post-closing adjustment disputes, and accountants’ views on how these disputes may be resolved - A litigator’s views on litigating purchase price adjustment disputes
Webcasts | May 10, 2022
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
Los Angeles partner Michael Holecek and Washington, D.C. associates Andrew Kilberg and Logan Billman are the authors of "The FTC’s Foray Into Worker Classification Is Misguided and Unlawful" published by The National Law Journal on April 12, 2022.
Article | April 14, 2022
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
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
This year’s Annual ERISA Litigation Update summarizes key legal opinions and developments to assist plan sponsors and administrators navigating the rapidly changing ERISA litigation landscape.
Client Alert | February 22, 2022
In what one Member of Congress described as “the most significant labor legislation of this century,” Congress just passed a bill that would allow employees to avoid enforcement of any pre-dispute agreements that require employees to arbitrate sexual assault or harassment claims, which President Biden seems prepared to sign into law.
Client Alert | February 11, 2022
The Daily Journal recognized three Gibson Dunn wins in its annual feature on the Top Verdicts in California for 2021.
Firm News | February 11, 2022
This update provides an overview and summary of key class action developments during the fourth quarter of 2021 (October through December).
Client Alert | January 27, 2022
Law360 named Gibson Dunn a Firm of the Year for 2021 in its January 17, 2022 article "The Firms That Dominated in 2021,” featuring nine firms that received the most Practice Group of the Year awards.
Firm News | January 19, 2022
This update provides an overview of key class action developments during the third quarter of 2021.
Client Alert | November 2, 2021
Law360 named six Gibson Dunn partners among its 2021 MVPs. The Law360 MVP Awards 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 August 30, 2021.
Firm News | September 8, 2021
Gibson Dunn lawyers examine key class action developments during the second quarter of 2021, particularly court decisions surrounding Article III standing.
Client Alert | August 23, 2021
The Daily Journal named Los Angeles partner Bradley Hamburger among California’s top 40 lawyers under age 40. The profile was published on July 28, 2021.
Firm News | July 28, 2021
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.
Client Alert | June 25, 2021
Los Angeles partner Bradley Hamburger and associate Jeremy Smith are the authors of "A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal" [PDF] published by the Daily Journal on May 26, 2021.
Article | June 7, 2021
Mass arbitrations can create significant cost and risk for a company. Being proactive and drafting an arbitration agreement with an eye toward mass arbitration can help reduce that cost and risk.
Client Alert | May 24, 2021
Los Angeles partner Theane Evangelis is the author of "Don't turn classrooms into courtrooms and retraumatize victims," [PDF] published by the Daily Journal on April 28, 2021.
Publications | May 4, 2021
Gibson Dunn lawyers provides an overview and summary of key class action developments during the first quarter of 2021.
Client Alert | April 28, 2021
Gibson Dunn's year-end 2020 report provides an update on the application of Article III in class and other complex litigation.
Client Alert | January 22, 2021
This update provides an overview and summary of key class action developments during the third quarter of 2020 (July through September).
Client Alert | November 10, 2020
The Daily Journal named Los Angeles partner Theane Evangelis and Palo Alto partner Carrie LeRoy to its 2020 list of Top Women Lawyers. The profiles were published on November 4, 2020.
Firm News | November 5, 2020
Dallas associate Bennett Rawicki is the author of "Numerosity Analysis Fix Can Improve Class Cert. Decisions," [PDF] published by Law360 on July 28, 2020.
Publications | July 28, 2020
This update provides an overview and summary of key class action developments during the second quarter of 2020 (April through June).
Client Alert | July 24, 2020
Best Lawyers in Germany 2021 has recognized 19 Gibson Dunn attorneys as leading lawyers in their respective practice areas. Frankfurt attorneys recognized include: Alexander Klein – Banking and Finance Law; Jens-Olrik Murach – Competition/Antitrust Law, and Litigation; Dirk Oberbracht – Corporate Law, Mergers and Acquisitions Law, and Private Equity Law; Wilhelm Reinhardt – Corporate Law, and Mergers and Acquisitions Law; Sebastian Schoon – Banking and Finance Law; and Finn Zeidler – Arbitration and Mediation, Criminal Defense, and Litigation.
Firm News | June 26, 2020
Los Angeles partner Bradley Hamburger, Los Angeles associate Lauren Blas and Washington, D.C. associate Kelley Pettus are the authors of "9th Circ. Unequal Class Cert.
Publications | June 23, 2020
On June 1, 2020, 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 of their lives.
Client Alert | June 1, 2020
In the wake of closures and cancellations, consumer frustration has mounted, and scores of class action lawsuits have followed. Gibson Dunn examines the industries facing these lawsuits, describes the theories that plaintiffs are asserting, and provides some practical considerations and potential defenses for these lawsuits.
Client Alert | May 19, 2020
Washington, D.C. partner Chantale Fiebig and associate Kelley Pettus are the authors of "Mitigating Class Action Exposure From COVID-19 Disruptions," [PDF] published by Law360 on May 13, 2020.
Publications | May 14, 2020
Gibson Dunn lawyers provide an overview and summary of key class action developments during the first quarter of 2020 (January through March).
Client Alert | April 24, 2020
Gibson Dunn lawyers provide practical guidance for companies considering competitor collaborations or discussing such plans with competitors during the COVID-19 pandemic, in compliance with antitrust and competition laws..
Client Alert | March 25, 2020
Law360 named Gibson Dunn one of its six Class Action Groups of the Year for 2019. The firm’s Class Action practice was profiled on February 4, 2020.
Firm News | February 4, 2020
Gibson Dunn lawyers provide an overview and summary of key class action developments during the fourth quarter of 2019 (October through December).
Client Alert | January 31, 2020
Law360 named Gibson Dunn a Firm of the Year for 2019 in its article, “The Firms That Dominated in 2019,” featuring seven firms that received the most Practice Group of the Year awards.
Firm News | January 13, 2020
Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 13 new partners, effective January 1, 2020. “We congratulate our new partners on this important and well-deserved professional achievement,” said Ken Doran, Chairman and Managing Partner of Gibson Dunn.
Press Releases | November 20, 2019
Law360 named nine Gibson Dunn partners among its 2019 MVPs and noted that Gibson Dunn was one of two law firms with the most MVPs this year. 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 November 12, 2019.
Firm News | November 12, 2019
This update provides an overview and summary of key class action developments during the third quarter of 2019 (July through September).
Client Alert | November 6, 2019
The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.
Firm News | August 15, 2019
An overview and summary of key class action developments during the second quarter of 2019 (March through June).
Client Alert | July 25, 2019
On May 28, 2019, the Supreme Court held 5-4 that when a defendant in a state court action files a counterclaim against a third party as a class action, the third-party defendant may not remove the class action counterclaim to federal court.
Client Alert | May 28, 2019
This update provides an overview and summary of key class action developments during the first quarter of 2019 (January through March), as well as an important decision concerning class arbitration that the Supreme Court issued in April.
Client Alert | May 14, 2019
On April 24, 2019, the Supreme Court held 5-4 that the Federal Arbitration Act (FAA) preempts state laws that require class arbitration where an arbitration agreement is ambiguous as to whether the parties consented to such a procedure.
Client Alert | April 24, 2019
On March 20, 2019, the Supreme Court determined that questions concerning plaintiffs’ standing to challenge Google’s alleged violations of user privacy prevented the Court from deciding whether cy pres-only class action settlements are fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e).
Client Alert | March 20, 2019
Los Angeles partner Christopher Chorba and associate Jeremy Smith are the authors of "So will a Martian invasion extend the Rule 23(f) deadline?" [PDF] published by The Daily Journal on March 13, 2019.
Publications | March 13, 2019
On February 26, 2019, the U.S. Supreme Court held 9-0 that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for filing a petition for permission to appeal an order granting or denying class certification is not subject to equitable tolling.
Client Alert | February 26, 2019
A panel of Gibson Dunn partners from the United Kingdom, France, Germany, and the United States provide insights into emerging trends in class actions in Europe and offer practical guidance to in-house attorneys for managing associated risks.
Webcasts | January 23, 2019
Law360 named Gibson Dunn one of its five Class Action Practice Groups of the Year [PDF] for 2018. The practice group was recognized “as a leader in ‘gig economy’ lawsuits.” The firm’s Class Action practice was profiled on January 22, 2019.
Firm News | January 22, 2019
This update provides an overview and summary of key class action developments during the fourth quarter of 2018 (October through December). Part I summarizes amendments to Rule 23 that went into effect on December 1, 2018.
Publications | January 18, 2019
Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.
Firm News | January 13, 2019
Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. 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.”
Firm News | November 28, 2018
This update provides an overview and summary of significant class action developments during the third quarter of 2018 (July through September), as well as a brief look ahead to some of the key class action issues anticipated for the end of 2018 and into 2019.
Client Alert | October 24, 2018
This update provides an overview and summary of significant class action developments during the second quarter of 2018 (April through June), as well as a brief look ahead to some of the key class action issues anticipated later this year.
Client Alert | July 18, 2018
China Agritech Inc. v. Resh, No. 17-432 Decided June 11, 2018 Today, the Supreme Court held that the filing of a class action does not toll the statute of limitations for putative class members to file their own class actions.
Client Alert | June 11, 2018
Los Angeles partners Kahn Scolnick and Bradley Hamburger are the authors of "A Better Method For Achieving Broader Class Action Reform," [PDF] published in Law360 on June 5, 2018.
Article | June 5, 2018
Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; National Labor Relations Board v. Murphy Oil USA, No. 16-307 Decided May 21, 2018
Client Alert | May 21, 2018
This update provides an overview and summary of significant class action developments during the first quarter of 2018 (January through March), as well as a brief look ahead to some of the key class action issues anticipated later this year.
Client Alert | May 4, 2018
Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 Decided March 20, 2018 Today, the Supreme Court held 9-0 that class actions alleging only federal claims under the Securities Act of 1933 may be heard in state court and, if brought in state court, cannot be removed to federal court.
Client Alert | March 20, 2018
The Am Law Litigation Daily named partners Michele Maryott and Theane Evangelis as its Litigators of the Week [PDF] for their trial victory on behalf of Grubhub “in a bellwether case that could have a lasting impact on how gig-economy workers are classified.”
Firm News | February 15, 2018
This update provides an overview and summary of key class action developments during the fourth quarter of 2017 (October through December), and a brief look ahead to some of the key class action issues anticipated in 2018.
Client Alert | January 30, 2018
This update provides an overview of key class action developments during the third quarter of 2017 (July through September):
Client Alert | November 7, 2017
This update provides an overview of key class action developments during the second quarter of 2017 (April through June): Part I explores a significant decision from the Supreme Court concerning defeating novel attempts by plaintiffs to obtain appellate review of denials of class certification. Part II addresses rulings from the Supreme Court and Ninth Circuit regarding the breadth of the American Pipe tolling doctrine for statutes of limitations in class actions. Part III analyzes recent decisions interpreting and applying the Supreme Court's Article III standing decision in Spokeo, Inc.
Client Alert | August 1, 2017
Los Angeles partner Kahn Scolnick and associate Sheldon Evans are the authors of "Viewing Class Settlements Through a New Lens: Part 1 and Part 2," [PDF] published by Law360 on July 25, 2017 and July 26, 2017, respectively.
Article | July 25, 2017
On June 26, 2017, the Supreme Court of the United States held in CalPERS v.
Client Alert | June 26, 2017
This update provides an overview and summary of key class action developments during the first quarter of 2017 (January through March). Part I explores significant class-certification decisions from the Seventh, Eighth, and Ninth Circuits. Part II addresses decisions from the Third, Seventh, and Ninth Circuits adopting conflicting approaches to determining whether putative class representatives have standing to sue for statutory violations under the Supreme Court's decision in Spokeo, Inc.
Client Alert | May 19, 2017
As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence and to assess how he might affect the Supreme Court should the Senate approve his nomination. We are publishing these analyses in a series of client alerts focusing on individual subject matters. This alert focuses on class actions.
Client Alert | March 13, 2017
Over the past few years, interest in corporate social responsibility ("CSR") has increased significantly. The spotlight on CSR has led companies to expand and strengthen their CSR efforts.
Client Alert | March 9, 2017
Last year saw continued attention to class action issues across the federal appellate courts, with the U.S. Supreme Court issuing three decisions on important issues to practitioners--Spokeo, Inc. v.
Client Alert | February 1, 2017
Washington, D.C. partner Mark Perry and associate Kevin Barber are the authors of "Will the High Court Resolve Circuit Split on Class Waivers in Employee Arbitration Agreements?" [PDF] published on November 10, 2016 by Legal Backgrounder, a Washington Legal Foundation publication.
Article | November 10, 2016
For several years, Gibson Dunn has been reporting significant legal developments involving class actions on an annual basis, most recently in our 2015 Year-End Update on Class Actions. We are pleased to announce that, in addition to our annual year-end updates, we will now be providing quarterly updates of significant appellate class action decisions and trends.This update provides an overview and summary of key class action developments during the third quarter of 2016. Part I addresses recent decisions from the Third, Fifth, and Ninth Circuits regarding the impact of damages issues on Rule 23(b)(3)'s predominance requirement. Next, Part II discusses important class settlement decisions from the Second, Sixth, and Seventh Circuits. Finally, Part III
Client Alert | October 27, 2016
Orange County partner Thomas Manakides and associate Ryan Card are the authors of "Individual Issues Predominate In Toxic Tort Class Actions" [PDF] published on October 4, 2016 by Law360.
Article | October 4, 2016
Washington, D.C. partner Mark Perry is co-author of "The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II" [PDF] published on October 3, 2016 in the Annual Survey of American Law by New York University School of Law.
Article | October 3, 2016
San Francisco partner Ethan Dettmer, Los Angeles partner Alex Mircheff and Palo Alto associate Noah Stern are the authors of "Removing Securities Act Cases: MoneyGram Bucks the Trend" [PDF] published on September 9, 2016 by Law360.
Article | September 9, 2016
Washington, D.C. partner Mark Perry is the author of "Spokeo and Absent Class Member Standing" [PDF] published on August 12, 2016 by Bloomberg BNA's Class Action Litigation Report.
Article | August 12, 2016
Los Angeles partner Theane Evangelis, and associates Daniel Adler and Lauren Blas are the authors of "The Consumer Financial Protection Bureau and the Future of Class Action Waivers" [PDF] published on July 8, 2016 by Bloomberg BNA's Class Action Litigation Report.
Article | July 7, 2016
On May 16, 2016, the Supreme Court issued Spokeo, Inc.
Client Alert | May 17, 2016
Dallas associate Olivia Adendorff is the author of "Plaintiffs Face High Class Cert. Bar In Antitrust Cases" [PDF] published on February 8, 2016 by Law360.
Article | February 8, 2016
For both courts and litigants alike, class actions continued to dominate the litigation landscape in 2015. By most accounts, companies are facing greater-than-ever monetary and reputational exposure from these lawsuits. A recent survey of several hundred corporations reported that 54% of all major companies are currently engaged in class litigation, that the number of "bet the company" matters--valued at tens of billions of dollars or more in exposure--more than tripled in the last four years, and that companies dedicated 10% of their entire litigation spend on defending class actions. It is likely not a coincidence that during this same four-year period between 2011 and 2015, the U.S.
Client Alert | February 1, 2016
Denver associate Timothy Zimmerman is the author of "U.S. Supreme Court Hears Argument in Big Data Case with Far-Reaching Implications" [PDF] published on November 9, 2015 by Law Week Colorado.
Article | November 9, 2015
Los Angeles partners Katherine Smith and Jesse Cripps are the authors of "Summary Judgment Strategies In Class, Collective Actions" [PDF] published on October 21, 2015 by Law360.
Article | October 21, 2015
On October 7, 2015, the United States Consumer Financial Protection Bureau announced that it is "launch[ing] a rulemaking process" that is intended to impede the use of "pre-dispute arbitration agreements for consumer financial products and services." The proposal currently under consideration by the Bureau would (1) "prohibit companies from blocking group lawsuits through the use of arbitration clauses in their contracts;" and (2) "require companies to send to the Bureau all filings made by or against them in consumer financial arbitration disputes" and any resulting decisions, "which might be made public."
Client Alert | October 13, 2015
The UK Consumer Rights Act 2015 ("the CRA") came into force on 1 October 2015, fundamentally transforming the cartel claims environment in the UK, and introducing class actions (as US litigators might understand the term) for the first time to English law.Schedule 8 of the CRA creates a new collective proceedings regime for damages claims before the Competition Appeals Tribunal ("the CAT").
Client Alert | October 2, 2015
Los Angeles partner Theane Evangelis and Washington D.C. partner Cynthia Richman are the authors of "The Need to Establish Absent Class Member Standing in Antitrust Class Actions" [PDF] published in the October 2015 issue of The Antitrust Source.
Article | October 1, 2015
Washington D.C. partner Theodore B. Olson and associate Lucas C. Townsend are the authors of "Supreme Court Should Use Trio of Cases to Reaffirm That Uninjured Plaintiffs Have No Place in Class Actions" [PDF] published on September 25, 2015 by Washington Legal Foundation.
Article | September 25, 2015
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
Los Angeles partner Blaine Evanson and associate Bradley Hamburger are the authors of “Judging uninjured plaintiffs’ standing” [PDF] published in the April 29, 2015 issue of the Daily Journal.
Article | April 29, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
Client Alert | February 17, 2015
In 2014, with the dust finally starting to settle following the Supreme Court's blockbuster class action rulings in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp.
Client Alert | January 30, 2015
On January 12, 2015, the United States Court of Appeals for the Second Circuit issued an unprecedented decision holding that a company's failure to disclose a known trend or uncertainty in its Form 10-Q filings, as required by Item 303 of SEC Regulation S-K, can give rise to liability under Section 10(b) of the Securities Exchange Act of 1934.
Client Alert | January 22, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
An important new Ninth Circuit case holds that class action settlements may limit the remedies available in subsequently filed state enforcement actions. In California v. IntelliGender, Case No.
Client Alert | November 13, 2014
Washington, D.C. partner Michael Murphy and associate David Fotouhi are the authors of "11th Circ. Message: Be Careful With Lone Pine Orders" [PDF] published by Law360 at www.law360.com on November 10, 2014.
Article | November 10, 2014
Los Angeles partner Julian W. Poon, associates Blaine H. Evanson and Bradley J. Hamburger are authors of "Emerging Issues in the Law of Class Certification" [PDF] published in the October 24, 2014 issue of Bloomberg/BNA's Class Action Litigation Report.
Article | October 24, 2014
Los Angeles associates Blaine Evanson and Brandon Stoker are the authors of “Duran, Due Process, and the Class Action Device” [PDF] published in the Summer 2014 issue of the ABTL Report.
Article | August 6, 2014
Washington, D.C. partner Peter Seley and associates Stacie Fletcher and Rohan Pai are the authors of “Dukes May Have Doomed Toxic Tort Class Certification” [PDF] published by Law360 on July 30, 2014.
Article | July 30, 2014