Appellate and Constitutional Law

LEADERS

Overview

The Appellate and Constitutional Law Practice Group’s lawyers participate in appeals in all 13 federal courts of appeals and state appellate courts throughout the United States and have presented arguments in front of the Supreme Court of the United States more than 100 times.  The group has broad experience in complex appellate litigation at all levels of the U.S. federal and state court systems.

In addition to traditional appellate litigation activities, the Appellate and Constitutional Law group provides a wide range of services on constitutional and related issues that include:

  • Formulating and briefing new legal arguments in the trial courts to ensure that legal arguments are developed and preserved for appeal
  • Developing and advancing constitutional and policy arguments on proposed legislation and regulations
  • Managing complex litigation
  • Developing novel or complex legal theories, sometimes long before the suit is filed
  • Advising on possible constitutional challenges to statutes and the effects of regulations on proposed transactions or business plans
  • Analyzing proposed legislation and regulations from legal and policy perspectives, testifying before the U.S. Congress and state legislatures, and engaging in other forms of legislative and public policy advocacy
  • Counseling government entities, allowing them to anticipate legal challenges and to avoid needless litigation

In recognition of its achievements, Gibson Dunn was named a Finalist by The American Lawyer in its 2018 Litigation Department of the Year competition.  This award followed our firm’s unprecedented three wins in this biennial competition – as the 2016, 2012 and 2010 Litigation Department of the Year – and 2014 Finalist honors.  Recognized by additional top legal publications including Chambers and The National Law Journal, we are proud of our reputation as aggressive, creative appellate lawyers and constitutional law practitioners.

The Appellate and Constitutional Law group has been involved in matters that cover a wide array of constitutional, statutory, regulatory and common-law issues.  Our experience and expertise extend beyond the courts in the U.S. jurisdictions where we maintain offices — California, Colorado, New York, Texas and Washington, D.C. — to include many others.

The Appellate and Constitutional Law group’s team of lawyers has a winning track record for grants of certiorari petitions, exceeding by far the Supreme Court’s average grant rate.  Our partners include the former Solicitor General of the United States Theodore B. Olson, former Assistant to the Solicitor General and Deputy Solicitor General Thomas G. Hungar, and former Assistant to the Solicitor General Miguel A. Estrada.  In addition, Frederick R. Yarger served as Solicitor General for the State of Colorado.  Daniel M. Kolkey previously served as an Associate Justice on the California Court of Appeal, Third Appellate District.

Our strong, high-profile and successful presence before the Court includes appearances on behalf of clients that have included major U.S. corporations, U.S. states and presidential candidates.  Our group aims to win each case, but we also seek to address the root causes of your legal difficulties and, if possible, improve the legal, social and policy environments in which your rights will be decided.

RECENT PUBLICATIONS

The 2018 Supreme Court Term Belonged to the Chief Justice

-October 15, 2019

The First Monday

-October 10, 2019

Supreme Court Round-Up (October 2019)

-October 7, 2019

Blaine Evanson Elected to California Academy of Appellate Lawyers

-September 25, 2019

Theodore Boutrous, Richard Doren, Daniel Kolkey and Debra Wong Yang Named to Daily Journal’s Top 100 List

-September 18, 2019

What To Consider Before Filing For A Rule 57 Speedy Hearing

-September 13, 2019

Theodore J. Boutrous Jr. Named Litigator of the Week

-September 9, 2019

New York Court of Appeals Round-Up & Preview (September 2019)

-September 3, 2019

Three Keys to Amicus Brief Success

-August 21, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

-August 15, 2019

Getting the Deal Through: Appeals 2019

-August 13, 2019

Federal Circuit Update (August 2019)

-August 14, 2019

Benchmark Litigation Names Three Partners to 40 & Under Hotlist

-August 13, 2019

Gibson Dunn Ranked in 2019 U.S. Legal 500

-July 11, 2019

Supreme Court Round-Up (July 2019)

-July 2, 2019

Supreme Court Sends 2020 Census Citizenship Question Back to the Department of Commerce, Citing Contrived Rationale

-June 28, 2019

Reinforcing Limits On Its Use, Supreme Court Upholds Auer Deference In Veterans Affairs Dispute

-June 26, 2019

Supreme Court Upholds Dormant Commerce Clause Challenge To Tennessee’s Durational Residency Requirement For Liquor Retailers

-June 26, 2019

Supreme Court Holds That A Federal Ban on “Immoral or Scandalous” Trademarks Violates the First Amendment

-June 24, 2019

Supreme Court Avoids Answering Question On Hobbs Act Deference To FCC Orders

-June 20, 2019

Supreme Court Holds That The First Amendment Does Not Apply To Private Operators Of Public Access Television Channels

-June 18, 2019

Matthew McGill Named Litigator of the Week

-June 7, 2019

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

-June 6, 2019

Supreme Court Holds That Title VII’s Administrative Exhaustion Requirement Is Not A Jurisdictional Prerequisite To Suit

-June 3, 2019

Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court

-May 28, 2019

Webcast: Is It Bad To Be Big? An Antitrust Update On Monopoly Law And Enforcement

-May 28, 2019

Supreme Court Rules That Trademark Licensee Retains License Rights Following Rejection in Bankruptcy

-May 28, 2019

Supreme Court Holds That Courts, Not Juries, Must Decide Whether The FDA’s Rejection Of A Proposed Warning Label Provides “Clear Evidence” To Preempt A State-Law Failure-To-Warn Claim

-May 20, 2019

Supreme Court Holds That iPhone Users Have Standing To Seek Federal Antitrust Damages From Apple For App Store Purchases

-May 14, 2019

Federal Circuit Update (May 2019)

-May 13, 2019

Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

-April 25, 2019

Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent

-April 24, 2019

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

-April 10, 2019

Supreme Court Holds That Securities Fraud Liability Extends Beyond “Maker” Of False Statements

-March 27, 2019

Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns

-March 20, 2019

Supreme Court Holds Recovery Of “Full Costs” Under Copyright Act Is Limited To Those Costs Enumerated In The General Costs Statute

-March 5, 2019

Supreme Court Holds That Payments For Lost Wages Are Taxable “Compensation” Under The Railroad Retirement Tax Act

-March 5, 2019

Supreme Court Holds That Copyright Owners May Not Sue For Infringement Until Copyright Office Processes Registration

-March 4, 2019

Gibson Dunn Named Appellate and Labor & Employment Management Firm of the Year

-February 28, 2019

Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling

-February 26, 2019

Helgi Walker Elected to American Academy of Appellate Lawyers

-February 25, 2019

Several Gibson Dunn Cases Named Top Verdicts of the Year

-February 20, 2019

Supreme Court Holds That Eighth Amendment’s Prohibition Of Excessive Fines And Related Forfeitures Applies To The States

-February 20, 2019

California Supreme Court Winter 2019 Round-Up

-February 2, 2019

Federal Circuit Update (January 2019)

-February 1, 2019

Law360 Names Gibson Dunn Among Its Appellate 2018 Practice Groups of the Year

-January 14, 2019

Supreme Court Holds That Confidential Licensing Agreements Can Trigger The America Invents Act’s “On-Sale” Bar

-January 22, 2019

Fourth Quarter 2018 Update on Class Actions

-January 18, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

-January 16, 2019

Supreme Court Rejects “Wholly Groundless” Exception To Rule That Parties May Refer Arbitrability Disputes To Arbitration

-January 8, 2019

Federal Circuit Update (December 2018)

-December 4, 2018

Law360 Names Eight Gibson Dunn Partners as MVPs

-November 28, 2018

2017/2018 Federal Circuit Year in Review

-November 26, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

-November 2, 2018

National Law Journal Names Gibson Dunn to Appellate Hot List

-October 31, 2018

Third Quarter 2018 Update on Class Actions

-October 24, 2018

Federal Circuit Update (October 2018)

-October 1, 2018

Three Gibson Dunn Partners Recognized Among Americas Rising Stars

-September 28, 2018

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued This Term, and Other Developments

-September 27, 2018

Kennedy, Kavanaugh and the OT 2017 Term

-July 12, 2018

Federal Circuit Update (July 2018)

-July 31, 2018

President Trump Nominates Judge Brett Kavanaugh To Supreme Court

-July 11, 2018

Second Quarter 2018 Update on Class Actions

-July 18, 2018

Allyson Ho Receives Outstanding Appellate Lawyer Award from Texas Bar Foundation

-July 9, 2018

Supreme Court Finds Failure to Prove a Sherman Act Section 1 Violation in Credit Card Market

-July 5, 2018

Supreme Court Round-Up (June 28, 2018)

-June 28, 2018

Supreme Court Holds That Public-Sector Union “Agency Fees” Violate The First Amendment

-June 27, 2018

Supreme Court Raises The Bar For Antitrust Plaintiffs Challenging Two-Sided Platforms

-June 25, 2018

Supreme Court Holds That Individuals Have Fourth Amendment Privacy Rights In Cell Phone Location Records

-June 22, 2018

Supreme Court Says That Patent Holders May Recover Lost Foreign Profits Resulting From Patent Infringement In The United States

-June 22, 2018

Supreme Court Holds That States Can Require Internet Retailers To Collect Sales Taxes

-June 21, 2018

Supreme Court Rules That SEC ALJs Were Unconstitutionally Appointed

-June 21, 2018

Supreme Court Rejects Tolling Of Statute Of Limitations For Successive Class Actions

-June 11, 2018

Supreme Court Holds That The Colorado Civil Rights Commission Violated Cake Baker’s Religious Freedom Rights

-June 4, 2018

Supreme Court Round-Up (June 1, 2018)

-June 1, 2018

California Supreme Court Spring 2018 Round-Up

-May 31, 2018

Federal Circuit Update (May 2018)

-May 30, 2018

Supreme Court Upholds Agreements To Individually Arbitrate Employment-Related Disputes

-May 21, 2018

Webcast: Supreme Court Strikes Down Federal Limits On Sports Gambling

-May 18, 2018

ATS Ruling Narrows the Judicial Role in International Law

-May 4, 2018

Reining In Abusive Alien Tort Statute Cases

-April 30, 2018

Supreme Court Strikes Down Federal Limits On Sports Gambling

-May 14, 2018

First Quarter 2018 Update on Class Actions

-May 4, 2018

Federal District Court Enjoins Philadelphia Ordinance Prohibiting Employers from Asking Applicants About Their Wage History

-May 2, 2018

Supreme Court Upholds PTO Inter Partes Review of Patent Validity

-April 24, 2018

Supreme Court Clarifies That Inter Partes Review Must Decide All Challenged Claims

-April 24, 2018

Supreme Court Holds That Foreign Corporations Cannot Be Sued Under The Alien Tort Statute

-April 24, 2018

Does a Nonresident Del. Officer’s Service to a Corporation Allow Courts to Compel Testimony?

-April 18, 2018

Supreme Court Holds That Recent Legislation Moots Dispute Over Emails Stored Overseas

-April 17, 2018

Percoco Highlights Pre-Verdict Remedies For False Testimony

-March 28, 2018

Supreme Court Says Car Dealership Service Advisors Are Exempt From FLSA Overtime Pay Requirements

-April 2, 2018

Supreme Court Round-Up: A Summary of the Court’s Opinions, Cases to Be Argued Next Term, and Other Developments (April 4, 2018)

-April 4, 2018

Federal Circuit Update (March 2018)

-March 29, 2018

Delaware Supreme Court Holds That Forum Non Conveniens Dismissals Do Not Require An Alternative Available Forum

-March 22, 2018

Supreme Court Holds States May Hear Securities Fraud Class Actions Under The 1933 Act

-March 20, 2018

D.C. Circuit Applies U.S. Copyright Law to Video Content Streamed from Abroad

-March 9, 2018

Midway Through the Momentous 2017 Supreme Court Term

-February 23, 2018

Supreme Court Says Whistleblowers Must Report to the SEC Before Suing for Retaliation Under Dodd-Frank

-February 21, 2018

Gibson Dunn Named Appellate Firm of the Year

-February 20, 2018

Alert – Federal Circuit Update (January 2018)

-January 31, 2018