Litigation

LEADERS

Overview

Acclaimed as a litigation powerhouse, Gibson, Dunn & Crutcher and the members of the Litigation Practice Group have a long record of outstanding successes. The American Lawyer named Gibson Dunn a Finalist in its 2022 Litigation Department of the Year competition, noting that “when news breaks and the pressure rises, clients call Gibson Dunn’s litigators to regain control.”  This award follows our unprecedented four wins in this biennial competition.

The members of our litigation practice group are not just litigators, they are first-rate trial lawyers.  Each year, we try numerous cases to verdicts before juries, judges and arbitrators.  Our clients have trusted us to try their most significant disputes to verdict, and we believe our trial win-loss record is unsurpassed.

We have tried cases and argued appeals before the U.S. Supreme Court and state supreme courts in addition to federal and state courts across the United States involving almost every foreseeable area of controversy.  We also handle disputes before a wide variety of nonjudicial forums, from federal and state agencies to international arbitrations.

Gibson Dunn’s approach emphasizes the full spectrum of services for our clients.  Our litigators are trained to evaluate actual and potential cases at the earliest stages, to first determine if litigation can be avoided, or, if it is filed, whether the matter can be resolved quickly and economically.  We pride ourselves on handling our litigation matters as efficiently as possible.  For the largest cases, we can bring all necessary resources to bear, but for smaller matters, we believe in lean staffing and small teams of litigators with the right knowledge and experience.  Critically, our litigators think not just as lawyers, but as business men and women, tapping into key resources and devising optimal strategies for the most efficient and favorable results.  Gibson Dunn lawyers are fully familiar with a wide array of alternative dispute resolution techniques, including arbitration, mediation, “mini-trials” and the like.  In addition, the conduct of litigation at every stage is done in full and close consultation with our clients.

Gibson Dunn’s trial practice is enhanced by first-rate case management support and technology resources.  Our lawyers utilize technology in a manner that not only enhances their practice, but reduces the cost of litigation.  Our trial technology includes the latest systems available for document storage, retrieval and imaging.  We provide our clients dedicated extranet capabilities where they can access relevant case information and share documents on secure sites developed specifically for each case.  These technology tools allow us to avoid reinventing the wheel; when we begin work on a new case, we are able to access a vast database of research, writing and analysis, and thereby deliver the highest quality work product as efficiently as possible.

Experience

Recent representations include:

  • Representing Chevron Corporation in its successful RICO suit against the purveyors of what The Wall Street Journal called the legal “fraud of the century,” Chevron Corp. v. Donziger et al., Case No. 11-cv-0691 (S.D.N.Y.).  Gibson Dunn was lead counsel in Chevron’s RICO and fraud suit against the U.S. lawyer and associates who masterminded an extortion scheme against Chevron that included fraudulently procuring a $9.2 billion Ecuadorian judgment against the company and carrying out an extortionate pressure campaign in the U.S.  Gibson Dunn obtained a trial verdict in favor of Chevron, in which the district court held that the scheme constituted racketeering in violation of RICO and federal laws prohibiting attempted extortion, wire fraud, money laundering, witness tampering, obstruction of justice, and the Foreign Corrupt Practices Act.  In its 485-page opinion, the court described the case as “extraordinary” and “includ[ing] things that normally come only out of Hollywood,” including “coded emails,” “payments out of a secret account,” videotaped evidence of crimes in progress, and blockbuster evidence that the defendants “wrote the [Ecuadorian] court’s Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment.”  The RICO verdict followed on the heels of dozens of discovery proceedings filed by Gibson Dunn in district courts around the country.  Gibson Dunn’s efforts led eight courts to apply the crime-fraud exception to the attorney-client privilege and order production of evidence related to the racketeering scheme.  As Chevron requested, the court imposed equitable relief preventing the conspirators from enforcing the judgment in the U.S. and ensuring that they “not be allowed to benefit from [the Ecuadorian judgment] in any way.”  The New York Times described the result as a “major victory,” and The Washington Post called it “resounding.”  Gibson Dunn subsequently obtained Second Circuit affirmance and continues to advise Chevron on a range of issues flowing from this high-stakes, complex matter.
  • Secured a U.S. Supreme Court affirmance for BlueMountain Capital Management, LLC in its closely watched challenge to Puerto Rico’s debt-restructuring law for municipal entities.  In 2014 the Commonwealth’s legislature enacted the Puerto Rico Public Corporation Debt Enforcement and Recovery Act (Recovery Act), a statute that purported to create a binding bankruptcy-like debt-restructuring regime for Puerto Rico’s highly indebted public entities, including its largest electric utility, PREPA.  Gibson Dunn filed suit on behalf of PREPA bondholder BlueMountain shortly after the law was enacted, the District of Puerto Rico agreed that the federal Bankruptcy Code preempts the Recovery Act, and the First Circuit unanimously affirmed.  The Supreme Court’s analysis in affirming the First Circuit is likely to impact express-preemption jurisprudence and provides important protections for holders of municipal bonds.
  • Resolved groundbreaking, multibillion-dollar litigation by NML Capital, Ltd. (an affiliate of Elliott Management Corporation) against the Republic of Argentina when Argentina paid NML more than $2.4 billion to satisfy NML’s claims on the country’s defaulted bonds.  This settlement marked the conclusion of what the Financial Times called the “sovereign debt trial of the century” and ended 13 years of litigation following Argentina’s default in 2001 on more than $80 billion in external debt.  While most of Argentina’s creditors accepted new bonds, worth much less, in exchange for the repudiated bond obligations, NML chose to fight.  After securing judgments, attachments and injunctions against Argentina, the tide turned with two decisive U.S. Supreme Court victories won for NML by Gibson Dunn.  Still unwilling to comply, Argentina continued to resist – and suffer the consequences – until the Republic’s new president initiated negotiations with creditors and the settlement agreement was reached.
  • For CLS Bank, which settles more than $5 trillion in foreign currency transactions daily, we obtained unanimous U.S. Supreme Court affirmance that ended a long-running patent infringement suit brought by Alice Corporation.  The Court affirmed an en banc Federal Circuit ruling, also argued successfully by Gibson Dunn, that Alice’s claims were patent-ineligible as the patents were drawn to the abstract idea of intermediated settlement.
    For Daimler AG, we obtained a U.S. Supreme Court win that limits the ability of plaintiffs to sue foreign companies in U.S. courts for acts that allegedly occurred overseas.  The Ninth Circuit had held that, because German corporation Daimler had an indirect subsidiary that did business in California, Argentine plaintiffs could sue Daimler in California for acts allegedly committed by an Argentine Daimler subsidiary in Argentina in the 1970s.  We persuaded the Court to reject that expansive view of U.S. jurisdiction – unanimously.
  • Representing Dole Food Company, Inc., we obtained dismissals of thousands of toxic tort claims after exposing the plaintiffs’ lawyer’s fraud.  Dole had been flooded with lawsuits filed on behalf of foreign agricultural workers claiming harm from exposure to the pesticide DBCP going back to the 1960s.  When Gibson Dunn took over the company’s defense there were nearly 10,000 claims pending in trial courts across the United States.  After a series of significant victories including appellate wins and the reversal of an early multimillion-dollar verdict, there remained only a single-plaintiff case pending against the company in a Delaware trial court.
  • For Facebook and its founder Mark Zuckerberg we defeated a breach of contract case filed by Paul Ceglia, who claimed he was entitled to an 84% ownership stake in Facebook based on a purported 2003 contract.  After being retained to replace another law firm, we uncovered evidence of fraud and a forgery scheme that resulted in the plaintiff’s arrest on federal felony charges.  In response to our motion to dismiss Ceglia’s breach of contract case, a federal magistrate judge ruled the lawsuit a fraud that should be dismissed with prejudice.  The federal judge presiding over the case adopted that ruling, dismissing the case with prejudice based on Ceglia’s lies, forgeries and litigation misconduct.  We then secured Second Circuit affirmance.
  • For Ford Motor Company we won a victory against the Equal Employment Opportunity Commission (EEOC) in a case of major importance to employers navigating the intersection between the Americans with Disabilities Act (ADA) and increased employee telecommuting.  The EEOC brought the case against Ford alleging that it violated the ADA by failing to provide a reasonable accommodation for an employee seeking to work from home because of a medical condition.  The EEOC further alleged that Ford retaliated against the employee, a documented underperformer, by firing her after she filed an EEOC charge.  The district court granted summary judgment to Ford on both claims but a divided Sixth Circuit panel reversed.  Gibson Dunn’s petition for rehearing en banc was granted, and the Circuit’s subsequent ruling reversed the panel decision on the ground that physical attendance is an essential function of most jobs and, thus, employers generally need not approve of open-ended telecommuting arrangements as an accommodation under the ADA.  The Sixth Circuit further held that no reasonable jury could find that Ford fired the employee for any reason other than poor performance.

RECENT PUBLICATIONS

A View from the Bench – Episode 4 – Sentencing with (Ret.) Judge Nancy Gertner

-February 28, 2024

Texas Supreme Court Allows Claimant to Sue Insurers Directly After Settlement, But Holds Settlement Agreement Does Not Bind Insurers

-February 27, 2024

Webcast: Today’s Key First Amendment Battles. Who Gets to Say It and Who Gets to Stop It?

-February 14, 2024

A View from the Bench – Episode 3 – The Future of Civil Jury Trials with (Ret.) Judge Mark Drummond

-February 8, 2024

Fourth Quarter 2023 Update on Class Actions

-January 31, 2024

Former Deutsche Bank Head of Litigation and Regulatory Enforcement Joins Gibson Dunn in Hong Kong

-January 25, 2024

Theodore Boutrous, Theane Evangelis and Orin Snyder Named Among Leading Commercial Litigators

-January 24, 2024

A View from the Bench – Episode 1 – Introductions

-January 23, 2024

A View from the Bench – Episode 2 – Appellate Advocacy with (Ret.) Judge Andre Davis

-January 23, 2024

Texas Supreme Court Holds Courts Cannot Create New Duties When Existing Duty Rules Apply

-January 22, 2024

Gibson Dunn Ranked in 2024 Chambers Greater China Region Guide

-January 18, 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

-January 18, 2024

Webcasts: Gibson Dunn’s Annual California MCLE Blitz – 2024

-January 16, 2024

Lawdragon Names 22 Partners Among its 2024 500 Leading Lawyers in America and Hall of Fame Honorees

-January 12, 2024

Who’s Who Legal 2023 Recognizes Eight Gibson Dunn Partners in Commercial Litigation

-January 11, 2024

Emerging Issues and Trends in Class Actions: Three Splits and Four Issues on the Horizon for 2024

-December 28, 2023

Tiaunia Henry and Steve Tsoneff named among Leading Professionals in Los Angeles

-December 19, 2023

Gibson Dunn Files Amicus Brief in U.S. Supreme Court in Two Cases with Significant First Amendment Implications

-December 7, 2023

Webcast: The Role of ESG in U.S. Capital Markets

-December 7, 2023

Webcast: M&A Insights – How to Use CVRs to Bridge Valuation Gaps, DOJ Self-Disclosure Guidelines for M&A, and Shareholder Activism Update

-December 6, 2023

The Founders’ Broad Views of Press Freedom in Online-Speech Cases Should Be Upheld

-December 6, 2023

UK to Update Arbitration Act and Join Hague Convention on Recognition and Enforcement of Foreign Judgments

-December 5, 2023

Abu Dhabi Global Market Court of Appeal Deepens ADGM’s Wholesale Adoption of English Law

-November 29, 2023

Tiaunia Henry Recognized as a 2023 DEIA Visionary by Los Angeles Times

-November 27, 2023

Gibson Dunn Named Texas Regional Litigation Department of the Year by The American Lawyer

-November 16, 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

-November 14, 2023

Gibson Dunn Named Among 2024 Litigation Powerhouses by BTI Consulting Group

-November 2, 2023

National Law Journal Names Veronica Moyé a General Litigation Trailblazer

-November 2, 2023

Ashlie Beringer, Kristin Linsley and Rosemarie Ring Named Among California’s Women Leaders in Tech Law

-November 2, 2023

Third Quarter 2023 Update on Class Actions

-November 1, 2023

Webcast: CFIUS Updates and Outbound Investment Preview (US)

-October 18, 2023

New Class Action Regime in Germany

-October 17, 2023

Benchmark Litigation Names Two Gibson Dunn Partners Among its 2024 Top 100 Trial Lawyers

-October 10, 2023

Benchmark Litigation US 2024 Gives Top Marks to Gibson Dunn

-October 6, 2023

Gibson Dunn Ranked in The Legal 500 UK 2024

-October 4, 2023

Gibson Dunn Named Among 2024 “Fearsome Foursome” by BTI Consulting Group

-October 4, 2023

Law360 Names Eight Gibson Dunn Partners as 2023 MVPs

-October 2, 2023

Tiaunia Henry Honored with CenterForce’s DEI Leadership Award

-September 22, 2023

National Law Journal Names Theane Evangelis an Employment Law Trailblazer

-September 21, 2023

ESG And The Board: Avoiding Risky Business

-September 20, 2023

Accessing the Courts: Why New York Should Eliminate the Dreaded, Needless and Unduly Complex ‘Certificate of Conformity’

-September 19, 2023

Lawdragon Names 44 Partners Among 2024 500 Leading Litigators in America

-September 8, 2023

Theane Evangelis and Samuel Liversidge Named Among California’s Top 100 Lawyers

-September 7, 2023

How NY SLAPP Defendants Can Recover Fees In Fed. Court

-August 30, 2023

Who’s Who Legal 2023 Recognizes Two Gibson Dunn Partners in Thought Leaders – Mainland China & Hong Kong SAR

-August 24, 2023

Hong Kong Court Clarifies Application of the Guy Lam Approach to Arbitrable Cross-Claims

-August 22, 2023

11 Gibson Dunn Lawyers Named Lawyers of the Year for 2024

-August 17, 2023

Webcast: Asia Compliance Risks and Mitigation Strategies

-August 15, 2023

Theane Evangelis and Katherine Smith Named Among California’s Top Employment Lawyers for 2023

-August 10, 2023

Benchmark Names Veronica Moyé Among the Top 10 Women in Litigation and Recognizes 10 Partners Among the Top Women in Litigation 2023

-August 8, 2023

Second Quarter 2023 Update on Class Actions

-August 2, 2023

UK Supreme Court Rules That Many Litigation Funding Agreements Are Unenforceable in England & Wales

-August 2, 2023

Four Gibson Dunn Partners Recognized in Three Who’s Who Legal 2023 Guides

-July 25, 2023

Lawdragon 500 Names 39 Partners Among its 2023 Leading Global Litigators

-July 25, 2023

Texas Creates New Business Court

-July 25, 2023

Gibson Dunn Recognized in Chambers High Net Worth 2023

-July 20, 2023

Recent Changes Mark A Key Moment For New York High Court

-July 11, 2023

Coming Soon to Court: General Personal Jurisdiction of All Out-of-State Businesses in NY

-July 6, 2023

California Supreme Court Holds Employers Have No Duty Of Care To Prevent The Spread Of COVID-19 To Employees’ Households

-July 6, 2023

Gibson Dunn Ranked in 2023 U.S. Legal 500

-June 23, 2023

Daily Journal Names Theane Evangelis and Debra Wong Yang Among 2023 Top Women Lawyers in California

-June 21, 2023

Webcast: Recent Developments at the New York Court of Appeals

-June 14, 2023

Employers Should Take a Fresh Look at Their COVID-Era Vaccination and Testing Policies

-June 13, 2023

Eleven Gibson Dunn Lawyers Named 2023 BTI Client Service All-Stars

-June 12, 2023

Webcast: New York City’s AI Employment Law – Key Legal Risks and Considerations

-June 9, 2023

Gibson Dunn achieves seminal win in the United States Bankruptcy Court in Serta Simmons Bedding dispute

-June 7, 2023

Gibson Dunn Earns 108 Top-Tier Rankings in Chambers USA 2023

-June 1, 2023

Gibson Dunn Ranked in Benchmark Litigation Asia-Pacific 2023

-May 17, 2023

Child and Forced Labor Risks Global Task Force

-May 17, 2023

Hong Kong Court of Final Appeal Upholds Dismissal of Bankruptcy Petition Where Debt Under Dispute Was Subject to Exclusive Jurisdiction Clause

-May 10, 2023

First Quarter 2023 Update on Class Actions

-May 8, 2023

In Axon, Justices Continue Reining In Administrative State

-April 21, 2023

Webcast: Mass Arbitration – Defense Strategies and Arbitration Agreement Drafting

-April 19, 2023

Supreme Court Holds That Federal District Courts Have Jurisdiction To Hear Structural Challenges To FTC And SEC

-April 14, 2023

Gibson Dunn Ranked in Legal 500 EMEA 2023

-April 13, 2023

A Federal Jury Verdict Rules on Policing the Police at Protests

-March 29, 2023

Reed Brodsky and Eric J. Stock Win Antitrust Writing Award

-March 29, 2023

Allyson Ho and Mike Raiff Named Litigators of the Week

-March 24, 2023

Kate Hahm Receives Pro Bono Award from Harriett Buhai Center

-March 13, 2023

Matthew Ball Named a 2023 Up and Coming Lawyer

-March 13, 2023

Historic Federal Jury Verdict In Civil Rights Case Against LAPD Officer For Shooting Protestor in Face With Rubber Bullet

-March 9, 2023

Former U.S. District Judge George Hazel to Join Gibson Dunn in Washington, D.C.

-March 1, 2023

Daily Journal Named Kevin Rosen Among California’s Top Professional Responsibility Lawyers

-March 1, 2023

Webcast: Bank Secrecy Act / Anti-Money Laundering and Sanctions Enforcement and Compliance Update

-February 28, 2023

Webcast: Federal Infrastructure Permitting – FAST-41 Reforms and What’s Next on Capitol Hill

-February 21, 2023

Three Gibson Dunn Cases Named Top Verdicts of 2022

-February 17, 2023

Ties to U.S. must be considered in criminal-related deportations

-February 16, 2023

Gibson Dunn Ranked in The Legal 500 Deutschland 2023

-February 16, 2023

Webcast: 2023 Environmental Update

-February 15, 2023

Year-End and Fourth Quarter 2022 Update on Class Actions

-January 26, 2023

Webcast: Fifth Circuit Round-Up: Shaping Business Law at the Circuit and National Level

-January 23, 2023

Lawdragon Names 19 Partners Among its 2023 500 Leading Lawyers in America and Hall of Fame Honorees

-January 17, 2023

Gibson Dunn Ranked in 2023 Chambers Greater China Region Guide

-January 13, 2023

Webcasts: Gibson Dunn’s Annual California MCLE Marathon – 2023

-January 12, 2023

Webcast: Internal Investigations

-January 11, 2023

Theodore Boutrous and Kristin Linsley Appointed to the Advisory Board of the Ninth Circuit

-January 3, 2023

Gibson Dunn Promotes 37 Lawyers to Partnership

-November 15, 2022

Gibson Dunn Named 2022 California Regional Litigation Department of the Year

-November 15, 2022

Who’s Who Legal 2022 Recognizes Nine Gibson Dunn Partners in Commercial Litigation

-November 9, 2022

Gibson Dunn Named California Tech Industry Litigation Department of the Year Winner

-November 4, 2022

Handling tax disputes in Hong Kong – ‘pay first, argue later’

-November 1, 2022

Standing Requirements in California Law

-November 1, 2022

Third Quarter 2022 Update on Class Actions

-October 31, 2022

European Court of Human Rights President to Join Gibson Dunn in London

-October 27, 2022

Theane Evangelis and Katherine Smith Named Among Los Angeles’ 2022 Leaders of Influence in Labor & Employment

-October 25, 2022

Potential Costs Exposure for Directors of an Insolvent Company Wound Up in Hong Kong for Causing the Company to Oppose a Winding-Up Petition

-October 11, 2022

Benchmark Litigation US 2023 Gives Top Marks to Gibson Dunn

-October 6, 2022

Benchmark Litigation Names Three Gibson Dunn Partners Among its 2023 Top 100 Trial Lawyers

-October 6, 2022