Litigation
Trials
Gibson Dunn is home to the most preeminent trial
practice in the world. We lead the market in trial victories across industries, practices and venues.
Our trial lawyers have collectively tried thousands of cases
Our elite team includes members of the American College of Trial Lawyers and former federal judges
Dozens of former federal prosecutors and government trial attorneys, including four U.S. Attorneys
We handle high-profile trials across every industry and jurisdiction at a level unmatched by any other firm
Overview
Clients call on us to handle their most consequential and bet-the-company matters. We win cases that change our world and make a major difference for our economy and society. Our winning track record is unparalleled. When the stakes are highest and the evidentiary and legal challenges appear insurmountable, clients turn to Gibson Dunn to take control and win.
Gibson Dunn’s first-chair trial lawyers consistently litigate and win high-profile, headline-grabbing cases at the cutting edge of the law before juries, judges, arbitrators, and administrative agencies, setting both industry standards and legal precedent. With the diversity and scope of these matters, the firm has come to “specialize” in virtually every type of major litigation.
We owe our success to our extraordinary team of seasoned and renowned trial lawyers who have a passion for winning and a unique ability to see the big picture in order to achieve the best possible results. Our litigators leverage their skills and proficiency as trial lawyers throughout the life cycle of a case to skillfully present complex and challenging information in order to secure a victory, including pre-trial knockouts on a motion to dismiss or on summary judgment. Our best-in-class appellate lawyers are integral to our trial teams and help to drive effective legal strategy and craft case-shaping motions.
We are routinely brought in as trial counsel at the outset of a matter, but when a case being handled by another firm is headed in the wrong direction, companies frequently turn to Gibson Dunn’s trial team throughout the life-span of a litigation—whether during discovery, before or after summary judgment, or on the eve of trial—to take over the case, chart a new path, and save the day. Our trial team boasts an exceptional track record of re-engineering cases for our clients’ benefit, with the resources to rapidly ramp up onboarding and the industry reputation and the skill to turn around a case. Dubbed the “Rescue Squad” by The American Lawyer, the publication noted that “when other firms and conventional strategies come up short, clients in deep trouble turn to Gibson Dunn for fresh, aggressive thinking and innovative rescues.”
Our practice draws from a deep bench of talent across offices and disciplines, offering clients unique perspectives and strategic insights. This includes seven fellows of the American College of Trial Lawyers, three fellows of the International Academy of Trial Lawyers, and numerous former federal prosecutors and government trial attorneys, including four former presidentially appointed United States Attorneys, more than three dozen former Assistant U.S. Attorneys, two former federal judges, multiple former SEC lawyers, 35 U.S. Supreme Court clerks, over 270 circuit court clerks, and over 250 district court clerks.
Gibson Dunn has repeatedly been recognized by Benchmark Litigation as one of the “Top 20 Trial Law Firms” and one of Law360’s “Trial Groups of the Year.” The firm’s litigators have been named leading trial attorneys by numerous publications, including Benchmark, Chambers USA, and Legal 500.
“When the stakes are highest and the spotlight is brightest, Gibson Dunn answers the call.” The American Lawyer
“Gibson Dunn is a litigation powerhouse, with clients and peers recognizing its lawyers as top trial attorneys who consistently achieve remarkable victories in high-stakes cases.”
Chambers USA
Experience
Recent representations include:
- Apple: Secured a historic victory for Apple in Epic v. Apple, a landmark antitrust case challenging the core business model of the iPhone App Store under Sections 1 and 2 of the Sherman Act. Gibson Dunn successfully defended Apple through a three-week bench trial, with the Ninth Circuit affirming the decision on appeal, marking a decisive win in what has been called the “Super Bowl of Antitrust” by legal observers.
- Grubhub: Obtained a complete victory for Grubhub in a landmark gig economy trial, successfully defending the company in an enterprise-threatening class action. The plaintiff, a Grubhub delivery partner, challenged his classification as an independent contractor and sought tens of millions in damages and penalties. Following a six-day trial in the Northern District of California, the court entered judgment in favor of Grubhub, affirming the company’s contractor model and setting a critical precedent for the gig economy.
- AMC Networks: Secured a sweeping bench trial victory for AMC in a high-stakes lawsuit where the executive producers of The Walking Dead sought hundreds of millions in alleged unpaid profits under their “profits participation” contracts. In a case with significant industry-wide implications, Gibson Dunn demonstrated that the plaintiffs’ efforts to retroactively rewrite their contracts would disrupt the industry standard, leading the court to rule in AMC’s favor on every issue presented at trial and rejecting plaintiffs’ interpretation of their contracts.
- Uber Technologies: Secured a favorable settlement for Uber after a three-week bench trial in Massachusetts brought by the Attorney General over the misclassification of drivers as independent contractors. The case focused on Massachusetts’ ABC test, and Gibson Dunn effectively countered the Commonwealth’s claims by highlighting weaknesses in their arguments and proving drivers had flexibility and autonomy. The settlement resulted in Uber agreeing to commitments for drivers similar to those established by California’s Prop 22, marking a significant victory for the company.
- Ottogi Corporation and Ottogi America: Won a complete defense verdict in hours after a 5-week jury trial in a first-of-its-kind concurrent trial of direct and indirect purchaser antitrust claims. The jury rejected $415 million in damages (pre-trebling) and found no unlawful agreement in Section 1 conspiracy class actions.
- Serta Simmons Bedding Bankruptcy Dispute: Achieved a sweeping victory at trial for an ad hoc group of lenders in the U.S. Bankruptcy Court for the Southern District of Texas, validating a transaction that provided Serta Simmons Bedding with new liquidity and a decreased debt load in order to ensure its survival during the early days of the COVID-19 pandemic. The case was tried on an expedited basis in adversary proceeding as part of Serta Simmons Bedding’s bankruptcy case, and included a successful summary judgment motion followed by a month of extensive discovery leading up to a week-long trial.
Recent representations include:
- Deon Jones: Secured a groundbreaking federal jury verdict in a historic civil rights case for pro bono client Deon Jones, where an LAPD officer was found to have violated Mr. Jones’s Fourth Amendment rights by shooting him in the face with a rubber bullet during a protest following George Floyd’s murder. After a seven-day trial in the U.S. District Court for the Central District of California, the jury unanimously ruled in favor of Mr. Jones, rejecting the officer’s defense and awarding $375,000 in damages, marking a first-of-its-kind verdict against police misconduct involving protestors.
- Vergara: Won a historic civil rights victory in Vergara v. California when the California Superior Court struck down five provisions of the state’s Education Code governing teacher tenure, dismissal, and layoffs. After a two-month trial, the court ruled that these laws disproportionately harmed poor and minority students by forcing schools to retain ineffective teachers, violating students’ constitutional right to educational equality. The California Court of Appeal ultimately reversed and the California Supreme Court declined to review over the dissent of three Justices.
- Proposition 8: Won marriage equality for all Californians in Hollingsworth v. Perry, persuading the U.S. Supreme Court to rule that the proponents of Proposition 8, which had banned same-sex marriage in California, lacked standing to appeal a district court decision that invalidated the measure on due process and equal protection grounds. This ruling left the lower court’s decision intact, following a full trial on the merits in the Northern District of California and a successful defense of the trial court victory in the Ninth Circuit.
Recent representations include:
- TikTok and ByteDance: Secured a complete defense verdict for TikTok and ByteDance in a federal trademark case where the plaintiff alleged that TikTok’s “stitch” tool infringed on its video editing service trademark. After parachuting in before trial and dismantling key elements of the plaintiff’s case, the Gibson Dunn team convinced the jury that there was no likelihood of confusion, resulting in a unanimous defense verdict after just three hours of deliberation, saving the companies from hundreds of millions in damages.
- VMware and Dell: Achieved an unprecedented victory for VMware and Dell in a $435 million patent infringement case in the Western District of Texas. Staring down the barrel of an unfavorable outlook, defendants called Gibson Dunn to develop a world-class trial strategy. After narrowing the case from 12 patents to three through strategic motions, Gibson Dunn secured a pivotal ruling during the trial’s opening that barred key infringement theories. Following a series of successful arguments, including preventing the plaintiff’s expert from testifying, the court granted a rare directed verdict of no infringement after the plaintiff’s case, marking a first for Judge Albright in a patent trial. This decisive outcome not only cleared VMware and Dell but set a significant precedent in patent litigation.
- Abbott Laboratories: Secured a decisive victory for Abbott Laboratories in a jury trial involving claims of age discrimination under the ADEA and New Jersey law. After taking over the case post-summary judgment, Gibson Dunn’s meticulous preparation of witnesses and strategic cross-examination dismantled the plaintiff’s claims, resulting in a unanimous jury verdict in under an hour that found Abbott had not terminated the plaintiff due to his age.