Jeremy Christiansen is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law, Administrative and Regulatory, Intellectual Property, and Litigation practice groups.
Mr. Christiansen represents clients from a wide variety of industries in high-stakes appellate, administrative law, and litigation matters, ranging from constitutional law and separation-of-powers litigation, to copyright infringement and Administrative Procedure Act cases. His practice includes launching strategic litigation, consulting with trial and agency counsel regarding appellate matters, pre- and post-trial briefing, emergency stays and injunctions, briefing, and arguing before federal appellate and district courts. Mr. Christiansen has briefed numerous cases for both parties and amici curiae before the federal appellate courts, including the Supreme Court of the United States. He has been named by SuperLawyers as a 2020 Rising Star and by Best Lawyers as a 2021 “One to Watch” in Appellate Practice.
Representative matters include:
- Rimini St., Inc. v. Oracle USA, Inc., 586 U.S. ___ (2019): Obtained unanimous reversal of the Ninth Circuit’s judgment which had erroneously awarded $12.8 million in expert witness fees, jury consulting fees, and other non-taxable litigation expenditures as part of the “full costs” available under the Copyright Act, 17 U.S.C. § 505.
- Aurelius Investment, LLC v. Puerto Rico, No. 18-1475 (U.S.); Financial Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Investment, LLC, No. 18-1334 (U.S.): Representing general obligation bondholders and insurers before United States Supreme Court in historic separation-of-powers case presenting questions whether the Financial Oversight and Management Board for Puerto Rico is unconstitutional under the Appointments Clause, and whether, if it is, the actions of an unconstitutional agency can be validated by the de facto officer doctrine.
- Cedar Band of Paiutes v. U.S. Dep’t of Housing and Urban Develop., No. 4:19-cv-30 (D. Utah 2019) (argued): Secured preliminary injunction in bet-the-business litigation on behalf of tribally owned corporations; holding that HUD-issued Mortgagee Letter purporting to limit provision of down-payment assistance for Federal Housing Authority-insured loans violated the Administrative Procedure Act. Agency fully the withdrew Mortgagee Letter.
- Fitisemanu v. United States, — F. Supp. 3d — (D. Utah 2019) (pro bono): Secured historic ruling, striking down 8 U.S.C. § 1408(1), which purports to deny birthright citizenship to those born in American Samoa, as unconstitutional under the Fourteenth Amendment’s Citizenship Clause.
- Claiborne v. Blauser, 934 F.3d 885 (9th Cir. 2019) (argued) (pro bono): Secured unanimous reversal of district court order denying pro se prisoner inmate’s motion for a new trial, and established, for the first time in the Ninth Circuit, the constitutional right against visible shackling of prisoners in civil cases.
- Oracle America, Inc. v. Hewlett Packard Enterprise Co., No. 19-15506 (9th Cir.): Representing HPE on appeal, defending the district court’s order dismissing all claims of direct and secondary liability copyright infringement and various state-law causes of action on summary judgment.
- CFPB v. All American Check Cashing, No. 18-60302 (5th Cir.): Representing target of enforcement action challenging constitutionality of the CFPB on the grounds that the agency’s structure violates Article II of the Constitution and the separation of powers.
- Oracle USA, Inc. v. Rimini St., Inc., 783 F. App’x 707 (9th Cir. 2019): Obtained vacatur of overbroad sections of permanent injunction in copyright infringement case.
- Aurelius Investment, LLC v. Puerto Rico, 915 F.3d 838 (1st Cir. 2019): Obtained historic separation-of-powers victory, reversing the district court’s judgment and invalidating the appointments of the Financial Oversight and Management Board for Puerto Rico in largest municipal bankruptcy proceeding in history.
- BWP Media USA, Inc. v. Polyvore.com, 922 F.3d 42 (2d Cir. 2019): Secured affirmance of dismissal of secondary and vicarious copyright infringement liability claims brought against fashion-oriented social media company.
- In re U.S. Office of Personnel Mgmt. Data Security Breach Litig., 928 F.3d 42 (D.C. Cir. 2019): Represented government contractor in high-profile data breach case, defending district court’s dismissal of class plaintiffs’ claims on Article-III-standing and contractor-immunity grounds.
- Oracle USA, Inc. v. Rimini Street, Inc., 879 F.3d 948 (9th Cir. 2018): Overturned $14 million state-law computer hacking verdict entered against third-party software service company and CEO, and vacated computer hacking and copyright infringement permanent injunctions and $28 million attorneys’ fees award.
- Garcia-Martinez v. Sessions, 886 F.3d 1291 (9th Cir. 2018) (pro bono): Vacated order of removal against lawful permanent resident on grounds that administrative agency could not lawfully apply a new rule retroactively.
Mr. Christiansen sits on the pro bono committee for the Firm’s D.C. office and maintains an active pro bono docket.
Before joining the firm, Mr. Christiansen served as a law clerk to the Honorable Jay S. Bybee of the United States Court of Appeals for the Ninth Circuit, and to the Honorable Thomas R. Lee of the Utah Supreme Court.
Mr. Christiansen graduated summa cum laude and Order of the Coif from the S.J. Quinney College of Law at the University of Utah, where he served on the Executive Board of the Utah Law Review.