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Profile Picture

Blaine H. Evanson

Blaine
Evanson

Partner

CONTACT INFO

bevanson@gibsondunn.com

TEL:+1 949.451.3805

FAX:+1 949.475.4768

Orange County

3161 Michelson Drive, Irvine, CA 92612-4412 USA

Los Angeles

333 South Grand Avenue, Los Angeles, CA 90071-3197 USA

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PRACTICE

Appellate and Constitutional Law Class Actions Global Trial Intellectual Property Labor and Employment Litigation Media, Entertainment and Technology

BIOGRAPHY

Blaine H. Evanson’s practice focuses on complex commercial litigation both in the trial court and on appeal. He is a member of the firm’s Appellate and Constitutional Law, Class Actions, Labor and Employment, and Intellectual Property practice groups.

Mr. Evanson has represented clients in a wide variety of appellate matters in the Supreme Court of the United States and federal and state appellate courts around the country. He has briefed several dozen appeals across almost every federal court of appeals and many state appellate courts, and has argued several appeals in the Ninth Circuit and California’s Courts of Appeal. In the trial court, Mr. Evanson has broad commercial litigation experience, particularly with complex motion practice before, during, and after trial.

Law360 named Mr. Evanson one of five national appellate “Rising Stars” under 40 in 2018, and Euromoney named him the 2018 “Best in Litigation: Appellate” under 40. He has been included in the appellate practice section of The Best Lawyers in America since 2013; Benchmark Litigation for several years included him on its “40 & Under Hot List”; and Super Lawyers has named him a Southern California Super Lawyer. Mr. Evanson is also a member of the California Academy of Appellate Lawyers.

Recent representative matters include:

  • Persuading the Supreme Court to grant certiorari and then reverse an award of non-taxable expenses on behalf of a software support provider in a complex copyright infringement action.
  • Representing film studios before the Supreme Court in a case involving the application of the laches defense to copyright infringement.
  • Obtaining a new trial on damages and then reversal from the Federal Circuit on the eligibility of patent claims under Section 101, in a case where a jury had awarded $533 million for patent infringement, and successfully opposing certiorari.
  • Prevailing before the First and Ninth Circuits on the scope of the Section 1 exemption to the Federal Arbitration Act, on behalf of a rideshare platform company.
  • Convincing the Third Circuit to reverse a $36 million judgment against an insurer based on the district court’s erroneous interpretation of an asbestos exclusion.
  • Successfully compelling arbitration and opposing public injunctive relief in multiple cases on behalf of a rideshare platform company.
  • Obtaining reversal from the Federal Circuit of a multi-million-dollar contempt sanction against a software company alleged to have infringed a competitor’s patents, and successfully opposing certiorari.
  • Obtaining reversal from the Federal Circuit on the ineligibility of patents directed to a secure transaction system for untrusted computer networks, and successfully opposing certiorari.
  • Convincing the Ninth Circuit to affirm the dismissal of a complaint against an international bank for lack of personal jurisdiction.
  • Successfully defending before the Federal Circuit a district court decision holding the asserted patent claims ineligible under Section 101.
  • Obtaining reversal by the Fifth Circuit of an order denying a motion to compel arbitration, and interlocutory review and vacatur of an order certifying a nationwide ERISA class action.
  • Convincing the Ninth Circuit to affirm the denial of class certification and grant of summary judgment in favor of an automobile manufacturer in a product defect class action.
  • Obtaining reversal from the California Court of Appeal of a significant punitive damages award and a dramatic reduction in compensatory damages following a jury trial in a product liability suit, and successfully opposing review by the California Supreme Court.
  • Obtaining reversal from the Federal Circuit of a district court decision dismissing a complaint involving California’s unfair competition law, obtaining affirmance of summary judgment in a subsequent appeal, and successfully opposing certiorari.
  • Successfully defending the dismissal of two securities class actions before the Tenth Circuit.

Before joining the firm, Mr. Evanson served as a law clerk for Judge A. Raymond Randolph of the United States Court of Appeals for the D.C. Circuit. He graduated from Columbia Law School, where he was a James Kent Scholar and a Senior Editor on the Columbia Law Review. He received his Bachelor of Science degree in Information Systems from Brigham Young University.

Mr. Evanson has taught advanced constitutional law seminars at the University of Southern California and University of California, Irvine Law Schools, and has lectured and written on a wide variety of subjects (sample list below), including the Supreme Court, class actions, arbitration, copyright law, patent law, punitive damages, appellate procedure, and constitutional law. Mr. Evanson serves or has served in leadership for several bar organizations, including Community Legal Aid SoCal, the appellate section of the Orange County Bar Association, the J. Reuben Clark Law Society, and the Federalist Society. He oversees the pro bono efforts of the firm’s Orange County office, and maintains an active pro bono practice himself, representing clients in cases involving religious liberty, immigration, voting rights, and domestic violence.

Mr. Evanson is a member of the California bar, and is admitted to practice before the Supreme Court of the United States; the United States Courts of Appeals for the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, Federal, and D.C. Circuits; and the United States District Courts for the Northern, Central, and Eastern Districts of California.

EDUCATION

Columbia University - 2006 Juris Doctor

Brigham Young University - 2003 Bachelor of Science

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - March 6, 2023 | Federal Circuit Update (February 2023)
Client Alert - February 7, 2023 | Federal Circuit Update (January 2023)
Webcasts - January 12, 2023 | Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023
Client Alert - January 5, 2023 | Federal Circuit Update (December 2022)
Article - October 4, 2022 | The Roberts Court’s Continued Protection of Religious Liberty
Article - October 4, 2022 | The 2022 Term Was a Mixed Bag for Arbitration
Client Alert - September 8, 2021 | Federal Circuit Update (August 2021)
Client Alert - August 2, 2021 | Federal Circuit Update (July 2021)
Client Alert - July 6, 2021 | Federal Circuit Update (June 2021)
Client Alert - June 8, 2021 | Federal Circuit Update (May 2021)
Client Alert - May 3, 2021 | Federal Circuit Update (April 2021)
Client Alert - April 5, 2021 | Federal Circuit Update (March 2021)
Client Alert - March 3, 2021 | Federal Circuit Update (February 2021)
Client Alert - February 1, 2021 | Federal Circuit Update (January 2021)
Webcasts - January 19, 2021 | Webcast: Supreme Court Roundup
Publications - June 22, 2020 | COVID-19 Is No Excuse for Suspicionless Searches of Electronic Devices at the Border
Client Alert - May 6, 2020 | Federal Circuit Update (May 2020)
Publications - April 27, 2020 | Argued Vs. Submitted Cases At 9th Circ. During Pandemic
Publications - March 20, 2020 | Arguments shed light on justices’ thinking in Seila v. CFPB
Publications - February 7, 2020 | Rimini V. Oracle’s Ripple Effect On Textualism, Expenses
Client Alert - November 5, 2019 | Appointment of Administrative Patent Judges Held Unconstitutional
Client Alert - November 4, 2019 | Federal Circuit Update (November 2019)
Publications - October 15, 2019 | The 2018 Supreme Court Term Belonged to the Chief Justice
Publications - October 10, 2019 | The First Monday
Firm News - September 25, 2019 | Blaine Evanson Elected to California Academy of Appellate Lawyers
Firm News - August 15, 2019 | Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020
Firm News - August 13, 2019 | Benchmark Litigation Names Three Partners to 40 & Under Hotlist
Client Alert - August 13, 2019 | Federal Circuit Update (August 2019)
Client Alert - May 13, 2019 | Federal Circuit Update (May 2019)
Client Alert - January 31, 2019 | Federal Circuit Update (January 2019)
Article - January 15, 2019 | Ninth Circuit Judges Call for En Banc Review of the Federal Trade Commission’s Authority to Obtain Monetary Relief
Publications - December 17, 2018 | En banc 9th Circuit should reconsider FTC Act case
Client Alert - December 3, 2018 | Federal Circuit Update (December 2018)
Client Alert - October 1, 2018 | Federal Circuit Update (October 2018)
Firm News - September 27, 2018 | Three Gibson Dunn Partners Recognized Among Americas Rising Stars
Client Alert - July 31, 2018 | Federal Circuit Update (July 2018)
Firm News - July 29, 2018 | Law360 Names Eight Gibson Dunn Lawyers as Rising Stars
Article - July 12, 2018 | Kennedy, Kavanaugh and the OT 2017 Term
Firm News - July 10, 2018 | Benchmark Litigation Recognizes Gibson Dunn Partners
Client Alert - May 30, 2018 | Federal Circuit Update (May 2018)
Article - April 30, 2018 | Reining In Abusive Alien Tort Statute Cases
Client Alert - March 29, 2018 | Federal Circuit Update (March 2018)
Article - February 1, 2018 | Midway Through the Momentous 2017 Supreme Court Term
Client Alert - January 31, 2018 | Alert – Federal Circuit Update (January 2018)
Client Alert - November 30, 2017 | Federal Circuit Update (November 2017)
Article - October 2, 2017 | Ginsburg was right: It will be ‘momentous’
Client Alert - September 26, 2017 | Federal Circuit Update (September 2017)
Client Alert - July 31, 2017 | Federal Circuit Update (July 2017)
Article - June 23, 2017 | Giving Offense is a Viewpoint
Client Alert - June 19, 2017 | United States Supreme Court Limits Power of State Courts to Exercise Specific Personal Jurisdiction over Defendants
Client Alert - June 15, 2017 | TC Heartland—A Renewed Opportunity to Challenge Venue in Patent Infringement Cases
Client Alert - May 24, 2017 | Federal Circuit Update (May 2017)
Client Alert - March 28, 2017 | Federal Circuit Update (March 2017)
Article - February 21, 2017 | Executive Power and Neil Gorsuch
Client Alert - January 26, 2017 | Federal Circuit Update (January 2017)
Article - January 18, 2017 | Offensive Trademark Arguments at High Court
Client Alert - November 30, 2016 | Federal Circuit Update (November 2016)
Client Alert - September 29, 2016 | Federal Circuit Update (September 2016)
Article - September 2, 2016 | Appealing After A Win: How To Use Conditional Cross-Appeal
Client Alert - July 27, 2016 | Federal Circuit Update (July 2016)
Client Alert - May 26, 2016 | Federal Circuit Update (May 2016)
Client Alert - May 17, 2016 | U.S. Supreme Court Holds That Violation of a Statutory Right, Without a Resulting “Concrete” Injury, Does Not Satisfy Article III’s Injury-in-Fact Requirement
Client Alert - March 24, 2016 | Federal Circuit Update (March 2016)
Article - February 17, 2016 | Enhanced Patent Damages Arguments at High Court
Client Alert - January 27, 2016 | Federal Circuit Update (January 2016)
Article - April 29, 2015 | Judging Uninjured Plaintiffs’ Standing
Article - March 4, 2015 | States must reassess regulatory boards
Article - December 23, 2014 | Judicial Campaign Rules Go to Court
Client Alert - November 20, 2014 | 2013/2014 Federal Circuit Year in Review
Article - October 24, 2014 | Emerging Issues in the Law of Class Certification
Article - September 11, 2014 | Justices to Weigh ‘State Action’ Antitrust Exemption
Article - August 15, 2014 | The True Threshold of Patent Eligibility
Article - August 6, 2014 | Duran, Due Process, and the Class Action Device
Client Alert - June 25, 2014 | U.S. Supreme Court Rules That Aereo’s Streaming of Broadcast Television Programming Violates the Copyright Act
Client Alert - June 5, 2014 | Second Circuit Requires “Significant Deference” to SEC’s Decision to Enter into Consent Decrees in Regulatory Enforcement Actions
Client Alert - January 23, 2014 | U.S. Supreme Court Places the Burden of Proving Infringement on Patent Holders in Declaratory Judgment Actions
Article - January 1, 2014 | The Next Supreme Court Cases To Shape Patent Law
Article - November 22, 2013 | The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion
Article - April 30, 2013 | The Enduring and Universal Principle of “Fair Notice”
Article - December 14, 2012 | The “Next Wave” of Class Certification Issues
Client Alert - June 29, 2012 | U.S. Supreme Court Issues Long-Awaited Decision on the Constitutionality of the Affordable Care Act
Client Alert - April 13, 2012 | California Supreme Court Hands Down Long-Anticipated Wage-and-Hour Class Action Decision in Brinker v. Superior Court
Article - October 18, 2011 | The Essential Role of New Lawyers in Pro Bono Work
Article - August 1, 2011 | Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart
Client Alert - April 5, 2011 | Seventh Circuit Issues Important Decision on Key Class-Certification Issues
Article - February 1, 2011 | Class Distinctions
Article - September 1, 2010 | Aggregation or Stacking of Penalties or Punitive Measures
Article - September 1, 2010 | Other Due Process Challenges To The Class Device
Client Alert - July 14, 2009 | Ninth Circuit Issues A Trilogy Of Decisions That May Significantly Enhance Defendants’ Ability To Contest Class Certification And Liability
Article - March 31, 2009 | Interlocutory Appellate Review of Class-Certification Rulings under Rule 23(f): Do Articulated Standards Matter?
Client Alert - February 26, 2009 | Must Employers Include Meal-Period Premium Payments in the “Regular Rate” Used to Compute the Overtime Owed to Their Employees?
Client Alert - June 26, 2008 | U.S. Supreme Court’s Decision Limits the Amount of Punitive Damages Available under Federal Common Law and Comments on Due Process Limitations on Punitive Damages in Class Actions
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