January 23, 2023
The Fifth Circuit recently has been at the forefront of dramatic changes to administrative law. In the last year alone, the court has issued landmark rulings holding that SEC administrative proceedings require a jury, that the funding structure of the CFPB is unconstitutional, and that a federal law regulating horseracing violates the private nondelegation doctrine. And the court issued other significant decisions affecting the business community in the areas of arbitration, bankruptcy, class action, and constitutional law. Three Gibson Dunn partners—a former Fifth Circuit judge; a co-chair of the firm’s administrative and regulatory practice; and a Texas appellate partner who clerked on the Fifth Circuit—discuss these developments, their impact on industry, and what this means for clients’ future litigation strategy.
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Gregg Costa is a partner in the Houston office of Gibson, Dunn & Crutcher and co-chair of the firm’s Global Trial Practice Group. Mr. Costa previously served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022, following his nomination by President Obama and confirmation by the U.S. Senate with a vote of 97-0. His broad experience—having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge—allows him to offer invaluable skills and strategic insights.
Helgi Walker is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. She is Co-Chair of the firm’s global Litigation Practice Group and a member of the firm’s Executive Committee. She is also Co-Chair of the Administrative Law and Regulatory Practice Group and a member of the Appellate and Constitutional Law Group. Ms. Walker’s work focuses on appellate, regulatory and complex litigation matters. She has extensive experience in appellate challenges to agency rulemakings and in other high-stakes commercial litigation.
Brad Hubbard is a partner in the Dallas office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law Practice Group. He has represented clients in their most complex, high-stakes, time-sensitive matters before the U.S. Supreme Court, the Texas Supreme Court, and state and federal courts of appeals throughout the country. Mr. Hubbard has also helped clients preserve significant wins in the U.S. Supreme Court, the Texas Supreme Court, and the Fifth, Sixth, and Seventh Circuits.
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