Join us for an insider view of what to expect at the SEC in the new administration. During this 60-minute webcast we discuss our expectations for the regulatory agenda of the U.S. Securities and Exchange Commission in 2025 and beyond. This will impact all public companies, funds, and financial market participants.

Our panelists include Gibson Dunn Partner Brian Lane, who served as Counsel to SEC Chairman Arthur Levitt and was the Director of the Division of Corporation Finance from 1996 to 1999; Gibson Dunn Partner Tom Kim, who served as Chief Counsel and Associate Director of the Division of Corporation Finance from 2007 to 2013, and as Counsel to SEC Chairman Christopher Cox from 2006 to 2007; Gibson Dunn Partner Tina Samanta, who has represented clients in investigations conducted by the SEC and the Financial Industry Regulatory Authority; and Gibson Dunn Counsel Lauren Cook Jackson, who is an expert in broker-dealer regulation and regularly represents registrants in investigations and enforcement proceedings.

Key topics covered include:

  • Crypto – what are the possible paths forward for issuers and intermediaries? Is there a best path? What about “tokenization” of securities?
  • Climate disclosures – will any version of the final rule ever take effect? What about other ESG disclosures?
  • Gensler-era rulemakings in general – what should be revisited and revised?
  • Areas of reform for public companies, investment companies, broker-dealers and Wall Street?
  • Is the SEC too big?
  • What to expect from the new chairman-designee and a Republican-majority Commission

MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.



PANELISTS:

Thomas J. Kim is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher, LLP, where he is a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Kim focuses his practice on a broad range of SEC disclosure and regulatory matters, including capital raising and tender offer transactions and shareholder activist situations, as well as corporate governance, environmental social governance and compliance issues. He also advises clients on SEC enforcement investigations – as well as boards of directors and independent board committees on internal investigations – involving disclosure, registration, corporate governance and auditor independence issues. Mr. Kim has extensive experience handling regulatory matters for companies with the SEC, including obtaining no-action and exemptive relief, interpretive guidance and waivers, and responding to disclosures and financial statement reviews by the Division of Corporation Finance. Mr. Kim served at the SEC for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance, and for one year as Counsel to the Chairman.

Brian Lane, a partner with Gibson, Dunn & Crutcher, is a corporate securities lawyer with extensive expertise in a wide range of SEC issues. He counsels companies on the most sophisticated corporate governance and regulatory issues under the federal securities laws. He is a nationally recognized expert in his field as an author, media commentator, and conference speaker. Mr. Lane ended a 16-year career with the Securities and Exchange Commission (“SEC”) as the Director of the Division of Corporation Finance where he supervised over 300 attorneys and accountants in all matters related to disclosure and accounting by public companies (e.g. M&A, capital raising, disclosure in periodic reports and proxy statements). In his practice, Mr. Lane advises a number of companies undergoing investigations relating to accounting and disclosure issues.

Tina Samanta, is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation, Securities Enforcement, White Collar Defense and Investigations, and Securities Litigation Practice Groups. Her practice focuses on representing financial institutions, corporations, and individuals in sensitive and high-stakes securities-related investigations and litigation. She has represented clients in investigations conducted by the Securities and Exchange Commission, the Financial Industry Regulatory Authority, the New York Attorney General’s Office, and numerous other regulatory authorities. She has also represented a diverse range of clients in all phases of litigation, including trial, before federal and state courts across the country. Tina is a frequent speaker and author on matters relating to enforcement of the securities laws. She is a co-author of the Securities Enforcement chapter in the Practicing Law Institute Treatise, Securities Litigation: A Practitioner’s Guide.

Lauren Cook Jackson is counsel in the Washington D.C. office of Gibson, Dunn & Crutcher. Ms. Jackson’s practice focuses on securities regulatory compliance and enforcement matters. She serves as regulatory compliance counsel to retail and institutional broker-dealers and investment advisers. She has also represented global financial institutions, public companies, broker-dealers, investment advisers, private fund issuers, swap dealers, and commercial commodities traders as well as other regulated entities and professionals in responding to examinations, investigations, and enforcement proceedings brought by securities regulators and self-regulatory organizations including: the SEC, CFTC, FINRA, NYSE, DOJ, OCC, CBOE, CME, NFA, NASAA task force groups, and state securities divisions and attorneys general. Ms. Jackson regularly assists clients in conducting internal investigations into potential violations of state and federal securities laws and in identifying steps necessary to obtain compliance with such regulations, as well as self-reporting to securities regulators when required. She similarly has extensive experience designing and advising on the execution of large-scale remediation programs that balance the concerns and priorities of a firm’s internal constituents, mitigate potential follow-on litigation risk, and fulfill the requirements of relevant regulatory undertakings.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Following the presidential election in November, attorneys from Gibson Dunn’s Antitrust and Competition Law Practice Group explore current policies and priorities, and forecast how those may evolve with the new administration. The speakers discuss what companies can expect regarding merger enforcement, civil antitrust investigations and enforcement, and other policy initiatives.



PANELISTS:

Jamie France represents clients in antitrust merger and non-merger investigations before the U.S. Federal Trade Commission, U.S. Department of Justice Antitrust Division, state Attorneys General, and international competition authorities, as well as in complex private and government antitrust litigation. She also counsels clients on a range of antitrust merger and conduct matters. Jamie joined the firm after six years as an attorney in the Mergers IV Division of the Federal Trade Commission’s Bureau of Competition, where she served in lead roles on high-profile merger investigations and enforcement actions. Jamie has significant experience litigating merger challenges and was an integral member of the FTC’s trial teams on FTC v. Thomas Jefferson University, FTC v. Hackensack Meridian Health, FTC v. Sanford Health, FTC v. Advocate Health Care Network, and FTC v. Benco Dental Supply. She was twice honored with the FTC’s Janet D. Steiger Award for her contributions to the Sanford and Advocate litigations.

Admissions: District of Columbia Bar, New York Bar

Svetlana Gans focuses on complex consumer protection and competition matters before the Federal Trade Commission and Department of Justice Antitrust Division, and related Hill advocacy. Svetlana previously served in multiple roles at the Federal Trade Commission for almost a decade. Most recently, she served as the FTC chief of staff in the first Trump Administration and advisor to Acting FTC Chairman Maureen K. Ohlhausen on agency investigations and litigation, interagency coordination, and other matters. In addition to other work, Svetlana led the process reform, regulatory reform, agency transparency, and economic liberty initiatives for the Chairman’s Office. Prior to her elevation to Chief of Staff, Svetlana uniquely served as a senior attorney in both the Bureau of Competition and the Bureau of Consumer Protection, handling merger and consumer protection investigations and litigation.

In addition to her other volunteer work mentoring young lawyers and law students interested in consumer protection and antitrust law, Svetlana serves as an Officer of the ABA Antitrust Law Section and the Chairman of the Federalist Society Corporations, Securities, and Antitrust Executive Committee.

Admissions: District of Columbia Bar

Kristen Limarzi represent clients in merger and non-merger investigations before the DOJ, the Federal Trade Commission, and foreign antitrust enforcers, as well in as appellate and civil litigation. Prior to joining the firm, she served as a top enforcement official in the U.S. Department of Justice’s Antitrust Division, where, as Section Chief, she helped shape and implement the agency’s enforcement priorities and policies for both mergers and other business practices across industries.

Recognized as “Dealmaker of the Year” for 2023 by Global Competition Review, Kristen brings a practical approach to helping clients navigate the increasingly complex antitrust enforcement environment, employing her deep experience with agency practice to achieve successful results in an efficient manner.

Admissions: District of Columbia Bar

Michael Perry represents clients in merger and non-merger related investigations before the U.S. Federal Trade Commission and the U.S. Department of Justice, and complex private and government antitrust litigation. His practice spans a variety of industries, including healthcare and life sciences, energy, and technology, and he is experienced in issues at the intersection of antitrust and intellectual property law. Michael previously served as Counsel to the Director of the Federal Trade Commission’s Bureau of Competition from 2015 to 2016 and as an attorney in the agency’s healthcare division. During his tenure at the FTC, Michael played an integral role in many of the agency’s most significant antitrust enforcement actions, including FTC v. Actavis FTC v. Cephalon, FTC v. Sysco, and FTC v. St. Luke’s Health System.

Admissions: District of Columbia Bar, California Bar

Ryan Foley counsels clients on all aspects of antitrust law, with a focus on complex transactions. He has extensive experience representing clients in all phases of merger review before the U.S. Department of Justice Antitrust Division, Federal Trade Commission, and other competition authorities globally. He has expertise across a broad range of industries, including pharmaceuticals, technology, media, consumer products, and energy. Prior to joining Gibson Dunn, Ryan was the lead antitrust counsel for the Americas at Novartis, where he helped manage deal, litigation, government investigation, and compliance strategy for the global branded and generic pharmaceutical manufacturer.

Admissions: District of Columbia Bar, Virginia Bar


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Every large corporation risks legal and regulatory scrutiny, and certain individuals within those organizations may also face personal exposure if their organization fails to maintain adequate corporate compliance. These gatekeepers — tasked with protecting their companies’ financial and reputational well-being — should remain alert to their own risk of liability for wrongdoing, failing to prevent it, or missteps taken in response to misconduct.

Discussion topics:

  • Recent trends and enforcement developments affecting gatekeeper liability
  • Best practices for in-house gatekeepers
  • Special topics for gatekeeper consideration


PANELISTS:

David Ware is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Securities Enforcement, Securities Litigation, Accounting Firm Advisory and Defense, and White Collar Defense and Investigations Practice Groups. David’s practice focuses on government investigations and enforcement actions, internal investigations, and litigation in the areas of auditing and accounting, securities fraud, and related aspects of federal regulatory and criminal law. He also counsels clients concerning compliance with SEC and PCAOB rules and standards. David serves as a member of the Auditing Standards Board, which promulgates auditing standards for private companies in the United States. He is admitted to practice in the District of Columbia and Massachusetts, as well as before the U.S. District Court for the District of Columbia and the U.S. Courts of Appeals for the First Circuit and Third Circuit.

Michael Scanlon is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the firm’s Securities Regulation and Corporate Governance, Securities Enforcement, and Corporate Transactions Practice Groups, and has an extensive practice representing U.S. and foreign public company and audit firm clients on regulatory, corporate governance, and enforcement matters. Michael advises corporate clients on SEC compliance and disclosure issues, the Sarbanes-Oxley Act of 2002, and corporate governance best practices, with a particular focus on financial reporting matters. He frequently represents both accounting firms and public company clients on SEC and PCAOB accounting and auditing matters, including financial statement materiality and restatement issues, internal control issues, auditor independence, and other accounting-related disclosure issues. He also is experienced in conducting internal investigations involving accounting irregularities for management, audit committees, and other Board committees, and represents clients on these matters before the SEC. Michael also represents several public company boards of directors and audit committees, as well as not-for-profit organizations, with respect to corporate governance and other compliance matters. Michael is admitted to practice in the District of Columbia.

Allison Kostecka is of counsel in the Denver office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department, where she focuses on securities litigation, antitrust investigations and litigation, other complex commercial litigation, and data privacy. Allison represents companies in a range of complex, civil litigation matters. She has defended multiple companies in derivative lawsuits and securities class actions before federal and state courts. In addition, Allison has represented clients in a variety of antitrust and consumer protection matters before administrative bodies and federal courts. For over 10 years, she represented a large energy company in multiple federal court actions that exposed a fraudulently obtained, multi-billion dollar judgment against the company. In addition to working on extensive discovery, preliminary injunction actions, and both pre-and post-judgment motions practice related to this transnational matter, Allison was on both the trial and appellate teams for this matter. Allison is registered to practice law in the State of Colorado, as well as in the U.S. Courts of Appeal for the Sixth, Tenth, and Eleventh Circuits and the U.S. District Courts for the District of Colorado and the Northern District of Ohio.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Latin America is one of the most important regions for the U.S. and other companies conducting business abroad. Not only is it geographically proximate to the U.S., but the region’s economic promise is substantial. Indeed, the World Bank estimates that, region-wide, the middle class has grown by 50% during the last decade. Some markets, including Mexico and Colombia, have made particularly noteworthy strides in boosting the ranks of their middle classes. Yet, despite its economic promise, conducting business in Latin America continues to be challenging. One key challenge has been corruption, which The Economist recently described as “surging across Latin America,” due in part to “political blowback from a period of intense anti-corruption campaigns[.]” Several governments in the region have collapsed in recent years due to corruption scandals, and in various countries, widely heralded anti-corruption reforms have not yielded the expected results.

This webcast surveys anti-corruption enforcement and developments in the region, including overviews of:

  • Recent U.S. Foreign Corrupt Practices Act (“FCPA”) enforcement actions involving the region;
  • Recent, locally led anti-corruption enforcement actions;
  • Noteworthy legislative and judicial developments; and
  • Potential mitigation strategies for businesses operating in the region.


PANELISTS:

Michael M. Farhang is a former federal prosecutor and a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s White Collar Defense and Investigations and Securities Litigation Practice Groups. Michael is an experienced litigator and trial attorney who has earned recoveries totaling nearly $70 million for private equity and corporate clients pursuing fraud, contract, and M&A-related claims. In the white collar area, Michael regularly represents corporate and individual clients and has specific subspecialties in Foreign Corrupt Practices Act (FCPA) and Anti-Money Laundering (AML) matters and Latin American corporate investigations. Michael has conducted investigations and compliance work relating to FCPA, AML, and OFAC issues in ten countries and regularly leads investigations for clients conducted in Spanish. Michael is a member of the California Bar and is admitted to practice in the Central District of California and the Ninth Circuit.

Patrick Stokes is a litigation partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He is the co-chair of the Anti-Corruption and FCPA Practice Group and a member of the firm’s White Collar Defense and Investigations, National Security, Securities Enforcement, Trials, and Litigation Practice Groups. Prior to joining Gibson Dunn, Patrick headed the FCPA Unit of the U.S. Department of Justice, where he managed the FCPA enforcement program and all criminal FCPA matters throughout the United States. Patrick also served as the DOJ’s principal representative at the OECD Working Group on Bribery, working with law enforcement and policymakers from 41 signatory countries on anti-corruption enforcement policy issues. He is a member of the Maryland State Bar and the District of Columbia Bar.

Pedro G. Soto is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations group, and his practice focuses primarily on anti-corruption and fraud matters. He has more than 13 years of experience representing corporations and individuals under investigation by government authorities. He has also conducted compliance due diligence for over 100 transactions around the world. Pedro has particularly deep experience in Latin America, where he has worked on matters in more than 15 different countries. He also represents foreign governments and private claimants in significant litigation and arbitration matters.

A native Spanish speaker, Pedro has extensive experience in Latin America. He has worked on matters involving Argentina, Bolivia, Chile, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Mexico, Panama, Paraguay, Peru, Puerto Rico, Uruguay, and Venezuela. Pedro also has experience in matters throughout Asia, Europe, and the Middle East. Pedro is admitted to the District of Columbia Bar.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Join us for a 45-minute briefing covering several M&A practice topics. The program is part of a series of quarterly webcasts designed to provide quick insights into emerging issues and practical advice on how to manage common M&A problems. Steve Glover, a partner in the firm’s Global M&A Practice Group, acts as moderator.

Topics discussed:

  • Update on developments in the law governing earn-outs
  • Review of the new HSR rules
  • Briefing on the proposed new rules governing outbound investments
  • Recent case law addressing fraud liability in M&A transactions


PANELISTS:

Branden C. Berns is a partner in the San Francisco office of Gibson, Dunn & Crutcher, where he practices in the firm’s Corporate Transactions Practice Group, focusing on representing leading life sciences companies and investors. Mr. Berns advises clients in connection with a variety of financing transactions, including initial public offerings, secondary equity offerings and venture and growth equity financings, as well as complex corporate transactions, including mergers and acquisitions, asset sales, spin-offs, joint ventures, PIPEs and leveraged buyouts. Mr. Berns regularly serves as principal outside counsel for numerous publicly-traded companies and advises management and boards of directors on corporate law matters, SEC reporting and corporate governance.

Andrew Cline is Counsel in Gibson, Dunn & Crutcher’s Washington, D.C. office. He currently practices in the firm’s Antitrust Practice Group.

Michelle Weinbaum is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher LLP where she is a member of the firm’s National Security and International Trade practices. Michelle advises clients on cross-border transactions and national security compliance matters including reviews before the Committee on Foreign Investment in the United States (CFIUS), the Defense Counterintelligence and Security Agency (DCSA), and Team Telecom, as well as export controls (ITAR/EAR), sanctions, foreign direct investment, and government contracts matters.

Michael M. Farhang is a former federal prosecutor and a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the firm’s White Collar Defense and Investigations and Securities Litigation Practice Groups. Michael is an experienced litigator and trial attorney who has earned recoveries totaling nearly $70 million for private equity and corporate clients pursuing fraud, contract, and M&A-related claims. He specializes in private M&A litigation matters, including rep and warranty, earnout, and working capital disputes, as well as the defense of companies, directors, and executives in DOJ and SEC investigations and in shareholder class actions, derivative suits and other commercial litigation. Michael has tried more than 25 cases in government and private practice.

Ryan Foley is Of Counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. Ryan counsels clients on all aspects of antitrust law, with a focus on complex transactions. He has extensive experience representing clients in all phases of merger review before the U.S. Department of Justice Antitrust Division, Federal Trade Commission, and other competition authorities globally. He has expertise across a broad range of industries, including pharmaceuticals, technology, media, consumer products, and energy.

Stephen I. Glover is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher who has served as Co-Chair of the firm’s Global Mergers and Acquisitions Practice. Mr. Glover has an extensive practice representing public and private companies in complex mergers and acquisitions, joint ventures, equity and debt offerings and corporate governance matters. His clients include large public corporations, emerging growth companies and middle market companies in a wide range of industries. He also advises private equity firms, individual investors and others.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of .50 credit hour, of which .50 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of .75 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

The Economic Crime and Corporate Transparency Act, enacted in December 2023, introduced some of the most significant changes to UK criminal and corporate law for a generation.

As well as significantly lowering the bar for UK authorities to bring prosecutions against international companies for economic crimes, and introducing a new corporate offence of ‘failing to prevent fraud’, the legislation introduced steps to ensure the integrity of information held on the register at Companies House. It also significantly expanded UK law enforcement’s ability to seize and sell crypto assets.

This session covers the headline changes around economic crime but also the areas which have gathered less attention and explains how those rule changes can impact national and international companies.



PANELISTS:

Allan Neil is an English qualified partner in the dispute resolution group of Gibson Dunn’s London office. His recent work involves large-scale multi-jurisdictional disputes and investigations (both regulatory and internal investigations) in the financial institutions sector. His work covers investment banking, asset management and compliance matters. Allan is recognised by The Legal 500 UK 2024 for Commercial Litigation and Regulatory investigations and corporate crime (advice to corporates), and has been awarded the Client Choice Award 2015 in recognition of his excellence in client service in the area of UK Litigation. He is also recognised in the 2016 Legal Week Rising Stars in Litigation list, which profiles the up-and-coming litigation stars at UK top 50 and top international firms in London. He is admitted to the Bar of England & Wales.

John Chesley is a litigation partner in Gibson Dunn’s Washington, D.C. Office. He focuses his practice on white collar criminal enforcement and government-related litigation. He represents corporations, board committees, and executives in internal investigations and before government agencies in matters involving the Foreign Corrupt Practices Act, procurement fraud, environmental crimes, securities violations, sanctions enforcement, antitrust violations, and whistleblower claims. He also has significant trial experience before federal and state courts and administrative tribunals nationwide, with a particular focus on government contract disputes. John is a member of the bars of the State of Maryland and the District of Columbia and has held a Secret security clearance.

Christopher Loudon is a Scottish qualified of counsel in Gibson Dunn’s London office, and practises in the firm’s Dispute Resolution Group. He has broad-based commercial litigation and dispute resolution experience, with a particular focus on the financial services sector.

Since joining Gibson Dunn, Christopher has worked on disputes before the English, French, Swiss, German, Dutch, Italian, US, BVI and Cayman courts, and in particular on a large number of cases in Luxembourg, including commercial, administrative and criminal matters. He also has considerable fraud investigation experience, both in private practice and while seconded to the in-house Legal function at UBS in London. Christopher is admitted to the Bar of Scotland.

Marija Bračković is an associate in Gibson Dunn’s London office, where she is a member of the firm’s Litigation, White Collar Defense and Investigations, Fintech and Digital Assets and Privacy, Cybersecurity and Data Innovation Practice Groups. Marija has substantial experience in both domestic and international dispute resolution, including litigation and investigations, and regulatory compliance and counselling across sectors, with a focus on fintech and emerging digital regulations. Her practice has an emphasis on high-profile and politically sensitive matters, such as cases relating to bribery, money laundering and allegations of cross-border and international crimes. Marija regularly advises on complex regulatory and compliance issues, including the scope and implementation of the emerging digital regulatory regime across the UK and EU, including the Digital Services Act, Online Safety Act and EU AI Act. She is admitted to the Bar of England & Wales.

Amy Cooke is an English qualified barrister and associate in Gibson Dunn’s London office, where she practices in the firm’s Dispute Resolution Group and specializes in white collar investigations. Her recent work includes large-scale multi-jurisdictional disputes and investigations in the financial services sector. Prior to joining Gibson Dunn, Amy was a lawyer at the Serious Fraud Office where she gained extensive experience of complex fraud and bribery investigations and prosecutions involving both corporate entities and high net worth individuals. She also dealt with a number of confiscation and restraint matters. Amy also has a wide range of advocacy experience from her time at the independent bar, during which she handled a variety of criminal and civil cases. Amy is admitted to the Bar of England & Wales.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hour, of which 1.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

This webinar discusses recent developments in two key national security topics. We focus on the Department of Justice’s increased enforcement of the Foreign Agents Registration Act (FARA) and the more muscular approach the Committee on Foreign Investment in the United States (CFIUS) recently has taken.

The FARA discussion covers:

  • The Department of Justice’s increased use of FARA as an enforcement tool
  • The current status and implications of Attorney General vs. Wynn (D.C. Cir. 2024)
  • Recent FARA prosecutions, such as the indictment of former N.Y. state official Linda Sun
  • Recent congressional legislative proposals to amend FARA
  • The outlook for potential state-level FARA regimes

The CFIUS and Outbound Investment discussion addresses:

  • Enforcement trends for CFIUS filings and mitigation monitoring and compliance
  • The evolution of CFIUS’s use of civil monetary penalties and recent examples
  • CFIUS’s expanded authority to use subpoena power in reviews
  • CFIUS’s evolving approach to identifying and reviewing non-notified transactions
  • The contours of the new Outbound Investment Security Program
  • What financial investors and strategic companies are doing now to prepare for compliance with outbound investment restrictions


PANELISTS:

David P. Burns is a litigation partner in Gibson Dunn’s Washington, D.C., office where he is the co-chair of the firm’s National Security Practice Group, and a member of the White Collar and Investigations and Crisis Management practice groups. His practice focuses on white-collar criminal defense, internal investigations, national security, and regulatory enforcement matters.

Prior to re-joining the firm, David served in senior positions in both the Criminal Division and National Security Division of the U.S. Department of Justice. Most recently, he served as Acting Assistant Attorney General of the Criminal Division, where he led more than 600 federal prosecutors who conducted investigations and prosecutions involving securities fraud, health care fraud, Foreign Corrupt Practices Act violations, public corruption, cybercrime, intellectual property theft, money laundering, Bank Secrecy Act violations, child exploitation, international narcotics trafficking, human rights violations, organized and transnational crime, gang violence, and other crimes, as well as matters involving international affairs and sensitive law enforcement techniques. Prior to joining the Criminal Division, David served as the Principal Deputy Assistant Attorney General of the National Security Division from September 2018 to December 2020. In that role, he supervised the Division’s investigations and prosecutions, including counterterrorism, counterintelligence, economic espionage, cyber hacking, FARA, disclosure of classified information, and sanctions and export controls matters. David is admitted to practice in the District of Columbia.

Stephenie Gosnell Handler is a partner in Gibson Dunn’s Washington, D.C. office, where she is a member of the International Trade and Privacy, Cybersecurity, and Data Innovation practices. She advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity, and technology matters. Stephenie’s legal advice is deeply informed by her operational cybersecurity and in-house legal experience at McKinsey & Company, and also by her active duty service in the U.S. Marine Corps.

Stephenie returned to Gibson Dunn after serving as Director of Cybersecurity Strategy and Digital Acceleration at McKinsey & Company. In this role, she led development of the firm’s cybersecurity strategy and advised senior leadership on public policy and geopolitical trends relating to cybersecurity, technology, and data. Stephenie frequently advised at the intersection of cybersecurity, technology, and data and export control and sanctions requirements. Previously, Stephenie was a senior associate at a leading international law firm, where she focused her practice on international trade matters including CFIUS, export controls, and sanctions, and cybersecurity matters across the cybersecurity risk management and incident lifecycle, including assessments, incident response preparedness, incident response, regulatory compliance, transactional due diligence, and regulatory enforcement actions. She is admitted to practice in the District of Columbia and the States of Maine and New York.

Amanda H. Neely is of counsel in Gibson Dunn’s Washington, D.C. office, and is a member of the Public Policy, Congressional Investigations, White Collar, and National Security practice groups. Amanda has extensive experience working on Capitol Hill. She leverages that expertise to advise clients regarding their interactions with Congress and the executive branch.

Over the course of ten years, Amanda held several senior staff positions in Congress. She served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs and General Counsel to Senator Rob Portman. Under Senator Portman’s chairmanship, she also served as Deputy Chief Counsel for the Permanent Subcommittee on Investigations. In those roles, she managed Senator Portman’s regulatory reform agenda and led oversight of federal government agencies and investigations into private entities. She previously served in several other Capitol Hill offices including as Oversight Counsel for the House of Representatives Committee on Ways and Means. Amanda also has participated in a variety of litigation matters before state and federal trial and appellate courts, including several class action defense and False Claims Act cases. She is admitted to practice law in the District of Columbia and before the United States Courts of Appeals for the District of Columbia Circuit.

Michelle Weinbaum is of counsel in Gibson Dunn’s Washington, D.C. office, where she is a member of the firm’s National Security and International Trade practices.

Michelle advises clients on cross-border transactions and national security compliance matters including reviews before the Committee on Foreign Investment in the United States (CFIUS), the Defense Counterintelligence and Security Agency (DCSA), and Team Telecom, as well as export controls (ITAR/EAR), sanctions, foreign direct investment, and government contracts matters. In addition to leading national security reviews of hundreds of transactions, she has significant experience negotiating complex national security agreements with CFIUS and DCSA (including Proxy Board arrangements, Special Security Agreements, Security Control Agreements, and specialized board resolutions). Previously, Michelle was a partner in the international trade group at a global law firm where she focused her practice on CFIUS, DCSA and international trade matters. She is admitted to practice in the District of Columbia and in New York.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Please join us for a 60-minute webcast where we will explore the common challenges facing U.S. businesses subject to the European Union’s Corporate Sustainability Reporting Directive, or CSRD. We will delve into CSRD reporting approaches and considerations, the implications of the double materiality assessment, and the interplay of the CSRD with other reporting regimes and voluntary initiatives. This session is designed for U.S.-based companies expecting to report under the CSRD and will provide recommendations and practical insights to support in-house counsel, sustainability teams, and corporate advisors who are or may soon be preparing for the CSRD and the shift to mandatory sustainability reporting.



PANELISTS:

Ferdinand Fromholzer is a partner in the Munich office of Gibson, Dunn & Crutcher and a member of the firm’s corporate group. Ferdinand’s practice focuses on corporate law, in particular advising strategic and private equity investors on public and private M&A transactions. He also advises public companies on a wide range of legal issues, including disclosure requirements under capital market law, annual shareholders’ meetings, corporate structure measures and ESG aspects. He is also experienced in counseling on the duties and obligations of directors and officers, including in the context of compliance investigations.

Julia Lapitskaya is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Securities Regulation and Corporate Governance and its ESG (Environmental, Social & Governance) practices. Ms. Lapitskaya’s practice focuses on SEC, NYSE/Nasdaq and Securities Exchange Act of 1934 compliance, securities and corporate governance disclosure issues, corporate governance best practices, state corporate laws, the Dodd-Frank Act of 2010, SEC regulations, shareholder activism matters, ESG and sustainability matters and executive compensation disclosure issues, including as part of initial public offerings and spin-off transactions.

Lauren Assaf-Holmes is based in Gibson Dunn’s Orange County office, Lauren advises public companies across industries on ESG reporting and standards, regulatory compliance, and corporate governance matters as a member of the firm’s Environmental, Social, and Governance and Securities Regulation and Corporate Governance practice groups. Her practice benefits from more than a year serving as in-house securities counsel during her secondment with a global Fortune 100 semiconductor and technology company.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Although there are some commonalities between investigative approaches across all jurisdictions, there are some features peculiar to individual countries.

This session covers the basics of investigating in the UK but then zooms in on UK issues, including:

  • The cross-over of UK criminal and regulatory investigations and outcomes; Interaction with UK authorities;
  • UK authority powers to investigate and the implications for internal investigations;
  • UK approaches to legal professional privilege.


PANELISTS:

Patrick Doris is a partner in Gibson Dunn’s Dispute Resolution Group in London, where he specialises in global white-collar investigations, commercial litigation and complex compliance advisory matters. Patrick’s practice covers a wide range of disputes, including white-collar crime, internal and regulatory investigations, transnational litigation, class actions, contentious antitrust matters and administrative law challenges against governmental decision-making. He handles major cross-border investigations in the fields of bribery and corruption, fraud, sanctions, money laundering, financial sector wrongdoing, antitrust, consumer protection and tax evasion.

Patrick’s recent commercial disputes experience has extended to advising corporations, UK public bodies and sovereign states in claims in courts and tribunals in the UK and around Europe. He has particular expertise in antitrust cases, human rights disputes and collective actions.

Allan Neil is an English qualified partner in the dispute resolution group of Gibson, Dunn & Crutcher’s London office. His recent work involves large-scale multi-jurisdictional disputes and investigations (both regulatory and internal investigations) in the financial institutions sector.

Allan is recognised by The Legal 500 UK 2025 for Commercial Litigation, Banking Litigation: Investment and Retail and Regulatory investigations and corporate crime (advice to corporates), and has been awarded the Client Choice Award 2015 in recognition of his excellence in client service in the area of UK Litigation. Allan was called to the Bar by the Middle Temple in 2001, having been awarded the Queen Mother Scholarship in consecutive years, and named a Blackstone Entrance Exhibitioner.

Christopher Loudon is a Scottish qualified of counsel in the London office of Gibson, Dunn & Crutcher, and practises in the firm’s Dispute Resolution Group. He has broad-based commercial litigation and multi-jurisdictional investigations experience, with a particular focus on the financial services sector.

Since joining Gibson, Dunn & Crutcher, Christopher has worked on disputes before the English, French, Swiss, German, Dutch, Italian, US, BVI and Cayman courts, and in particular on a large number of cases in Luxembourg, including commercial, administrative and criminal matters. He also has considerable investigations experience, both in private practice and while seconded to the in-house Legal function at UBS in London. Most recently, this has included working on two criminal investigations in different jurisdictions arising out of the largest Ponzi scheme ever uncovered, and a high profile cross-border tax investigation. While on secondment at UBS, he was named responsible investigator for a multi-jurisdictional fraud investigation.

Marija Bračković is an associate in the London office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation, White Collar Defense and Investigations, Fintech and Digital Assets and Privacy, Cybersecurity and Data Innovation Practice Groups.

Marija has substantial experience in both domestic and international dispute resolution, including litigation and investigations, and regulatory compliance and counselling across sectors, with a focus on fintech and emerging digital regulations. Her practice has an emphasis on high-profile and politically sensitive matters, such as cases relating to bribery, money laundering and allegations of cross-border and international crimes. Marija regularly advises on complex regulatory and compliance issues, including the scope and implementation of the emerging digital regulatory regime across the UK and EU, including the Digital Services Act, Online Safety Act and EU AI Act.

Amy Cooke is an English qualified barrister and associate in the London office of Gibson, Dunn & Crutcher. She practices in the firm’s Dispute Resolution Group and specializes in white collar investigations. Her recent work includes large-scale multi-jurisdictional disputes and investigations in the financial services sector.

Prior to joining Gibson Dunn, Amy was a lawyer at the Serious Fraud Office where she gained extensive experience of complex fraud and bribery investigations and prosecutions involving both corporate entities and high net worth individuals. She also dealt with a number of confiscation and restraint matters.

Amy also has a wide range of advocacy experience from her time at the independent bar, during which she handled a variety of criminal and civil cases.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 1.0 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 1 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Since the recent explosion of artificial intelligence (AI) in the public consciousness, numerous U.S. regulators at both the federal and state level, regulating a wide range of industries, have put a stake in the ground and declared it a priority to investigate potentially unlawful conduct involving AI systems and technologies. These regulators include, among others, the Department of Justice, Department of Homeland Security, Department of Health and Human Services, Securities and Exchange Commission, Federal Trade Commission, Consumer Financial Protection Bureau, Equal Employment Opportunity Commission, and as well as state Attorneys General. Their areas of concern and potential theories of liability include discrimination and bias in AI systems, particularly with respect to financial, employment, and health-related decisioning; antitrust/competition concerns, including regarding AI-driven price recommendations, variable pricing algorithms, and potential market dominance within certain AI-related industries; and protection of intellectual property rights. Companies involved in the development and deployment of AI systems should be aware of these regulatory concerns and thoughtful in their planning to reduce these risks, including in how they use, test, monitor, and market AI technologies.



PANELISTS:

Eric Vandevelde is a litigation partner in Gibson Dunn’s Los Angeles office. He is co-chair of the Artificial Intelligence practice group and a member of the firm’s White Collar, Privacy & Cybersecurity, and Intellectual Property practice groups. As a former federal prosecutor who previously supervised the Cyber & IP Crimes section of the U.S. Attorney’s Office in the Central District of California, Eric has significant first-chair trial experience, both while at the DOJ and in the private sector. He has a deep technical background, with a degree in computer science from Stanford and having worked as a software engineer in Silicon Valley and Latin America. He has repeatedly been ranked by Chambers and recognized by Super Lawyers and the Daily Journal, including as one of the Top 20 Cyber/Artificial Intelligence lawyers in California.

Eric has a broad practice—handling criminal and civil trials, internal investigations, enforcement matters, advisory work for boards and management, and product counseling—but nearly all of his matters lie at the intersection of technology and the law, and involve cutting edge issues in AI, cryptocurrency, data privacy, cybersecurity, biotech, fintech, gaming, and software. He has also represented clients in some of the highest profile, highest stakes cases in the country concerning government demands for personal data and technical assistance in connection with criminal and national security-related investigations. Eric is admitted to practice in the State of California.

Chris Whittaker is a partner in Gibson Dunn’s Orange County office. He is a member of the firm’s Litigation Department and its Antitrust & Competition, Intellectual Property, and Labor & Employment groups. Chris represents clients in a wide range of high-stakes, complex commercial cases, and he has significant experience in a broad range of subject areas, including pharmaceuticals, software development and maintenance, oil and gas, app store and handheld phone technology, semiconductors, logistics operations, health and beauty products, and direct-sales business models. Chris is experienced in all phases of litigation, including pleadings, discovery, dispositive motions, trials, and appeals. He currently serves on the national leadership team of the Federal Bar Association’s Antitrust and Trade Regulation Section. Chris has been recognized by Best Lawyers: Ones to Watch® in America for Appellate Practice, and Litigation – Intellectual Property (2024). He is admitted to practice in the State of California.

Poonam Kumar is of counsel in Gibson Dunn’s Los Angeles office and a member of its White Collar Defense & Investigations and Litigation practice groups. She is a former federal prosecutor with significant first-chair trial experience and an extensive background in handling high-stakes criminal and civil matters across a broad range of practice areas.

From 2014 to 2022, Poonam served as an Assistant United States Attorney in the United States Attorney’s Office for the Central District of California where she investigated and prosecuted complex financial crimes, including corporate and securities fraud, embezzlement, healthcare fraud, bank fraud, import/export crimes, tax crimes, and money laundering. Poonam was a Deputy Chief of the Major Frauds section where she supervised a large team of federal fraud prosecutors. Representative matters from her time at the U.S. Attorney’s Office include the investigation and prosecution of a multinational scheme to inflate revenue of a company publicly traded on a foreign exchange and to evade nearly $2 billion in import duties as well as the conviction at trial of a South Korean official for laundering bribes he received in connection with his government position. For her work with the Department of Justice, Poonam received the United States Attorney General’s John Marshall Award for Outstanding Achievement in 2020. She is admitted to practice in the States of California and New York.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Join us for a 30-minute briefing covering several Executive Compensation practice topics. The program is the first in a new series of quarterly webcasts designed to provide quick insights into emerging issues and practical advice.

Topics discussed:

  • Learn about current practices in private company management compensation
  • Get up to speed on emerging public company compensation trends and top areas of focus for Compensation Committees
  • Be prepared for compensation-related litigation and enforcement trends


PANELISTS:

Krista Hanvey is Co-Chair of Gibson Dunn’s Employee Benefits and Executive Compensation practice group and Co-Partner in charge of the firm’s Dallas office. She counsels clients of all sizes across all industries, both public and private, using a multi-disciplinary approach to compensation and benefits matters that crosses tax, securities, labor, accounting and traditional employee benefits legal requirements. Ms. Hanvey has significant experience with all aspects of executive compensation, health and welfare benefit plan, and retirement plan compliance, planning, and transactional support. She also routinely advises clients with respect to general corporate and non-profit governance matters. Ms. Hanvey also oversees the Dallas office’s pro bono adoption program.

Michael Collins is a partner in the Washington, DC office of Gibson, Dunn & Crutcher. His practice focuses on all aspects employee benefits and executive compensation. His practice runs the full gamut of tax, ERISA, accounting, corporate, and securities law aspects of stock option, SAR, restricted stock, and employee stock purchase plans; tax-qualified retirement plans, nonqualified deferred compensation; SERPs; executive employment agreements, golden parachutes and other change in control arrangements; severance, confidentiality, and noncompete contracts; performance bonus and incentive plans; director’s pay; rabbi trusts; split dollar life insurance; excess benefit and top hat plans; and the like. He represents both executives and companies in drafting and negotiating employment arrangements.

Ekaterina (Kate) Napalkova is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Employee Benefits and Executive Compensation Practice Group. Kate advises public and private companies, private investment funds, boards of directors and management teams on a broad range of compensation and employee benefits matters. Her advice focuses on the compensation and employee benefits aspects of mergers and acquisitions, restructurings, public offerings, spin-offs and other corporate transactions. She is experienced in the negotiation and implementation of benefit and compensation plans, as well as compensation-related securities reporting and corporate governance matters.

John Curran is an associate in the New York office of Gibson, Dunn & Crutcher. He is a member of the firm’s Corporate Department and a member of the firm’s Executive Compensation and Employee Benefits Practice Group. His practices focuses on all aspects of executive compensation and employee benefits, including tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans, qualified and nonqualified retirement and deferred compensation plans and executive employment and severance arrangements, including in connection with complex domestic and international business transactions. Prior to joining Gibson, Dunn & Crutcher, John was a corporate associate in the Executive Compensation Group at Davis Polk & Wardwell in New York, where he advised clients on equity-based incentive compensation, employment, severance plans and other executive compensation arrangements.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 0.5 credit hour, of which 0.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 0.5 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 0.5 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 0.5 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia and Washington State Bars.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Please join us for a briefing where we explore corporate governance and ESG considerations in preparing for an Initial Public Offering (IPO) and becoming a public company. We delve into state-of-the-art corporate governance policies and practices that companies should implement in connection with the IPO process, ensuring alignment with market practices and evolving trends. Attendees will gain insights into investor and proxy advisor expectations, key issues under Delaware law and stock exchange listing standards.

This session is designed for executives, board members, inhouse counsel and corporate advisors preparing for an IPO or seeking to enhance their tailored and thoughtful governance and ESG practices.

Key topics include:

  1. Market Practices and Trends: An overview of current governance trends, including board composition, board operations, and shareholder rights, and how companies should be thinking about positioning themselves.
  2. Investor and Proxy Advisor Expectations: Understanding the criteria used by institutional investors and proxy advisors to evaluate a company’s corporate governance framework, including in the context of ESG.
  3. Law Regulatory and State Law Requirements: Navigating the complexities and evolving landscape of corporate law in Delaware and Texas, including fiduciary duties and shareholder agreements, and stock exchange listing requirements and SEC requirements and disclosures.
  4. ESG Considerations: Considerations regarding evolving ESG expectations, risks and practices, including their impact on marketing, investor relations, corporate governance, compliance with regulatory requirements.


PANELISTS:

Aaron Briggs is a partner in Gibson Dunn’s San Francisco, CA office, where he works in the firm’s Securities Regulation and Corporate Governance practice group. Mr. Briggs’ practice focuses on advising public companies of all sizes (from pre-IPO to mega-cap), with a focus on technology and life sciences companies, on a wide range of securities and governance matters.

Hillary Holmes is co-chair of the firm’s Capital Markets practice group and a member of the firm’s Securities Regulation & Corporate Governance, Mergers & Acquisitions, ESG, and Energy & Infrastructure Practice Groups. Hillary also serves as co-partner-in-charge of the Houston office and as a member the firm’s Executive Committee.

Lori Zyskowski is a partner in Gibson Dunn’s New York office and Co-Chair of the Firm’s Securities Regulation and Corporate Governance Practice Group. Ms. Zyskowski advises public companies and their boards of directors on corporate governance matters, securities disclosure and compliance issues, shareholder engagement and activism matters, shareholder proposals, environmental, social and governance matters, and executive compensation practices.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

The False Claims Act (FCA) is one of the most powerful tools in the government’s arsenal to combat fraud, waste, and abuse involving government funds—particularly federal health care program expenditures. DOJ and qui tam relators continued to pursue longstanding theories of fraud and abuse aggressively during the Biden Administration, while experimenting with new enforcement theories periodically. Meanwhile, newly filed FCA cases remain at historical peak levels, and the government has recovered nearly $3 billion or more annually under the FCA for over a decade. As much as ever, any company that receives government funds—especially in the life sciences and health care sectors—needs to understand how the government and private whistleblowers alike are wielding the FCA, and how they can defend themselves.

Please join us to discuss developments in the FCA, including:

  • The latest trends in FCA enforcement actions and associated litigation affecting life sciences and health companies.
  • Novel and aggressive theories advanced by DOJ and/or qui tam relators.
  • Updates on DOJ’s approach to FCA enforcement, including efforts to reward exemplary cooperation and to deter problematic qui tam filings.
  • The latest trends in FCA jurisprudence, including the U.S. Supreme Court’s Schutte decision on scienter, as well as appellate courts’ approach to causation issues in Anti-Kickback Statute-based FCA cases and the statute’s procedural bars.
  • Recent FDA developments that may contribute to FCA enforcement risk.


PANELISTS:

John Partridge, a Co-Chair of Gibson Dunn’s FDA and Health Care Practice Group and Chambers-ranked white collar defense and government investigations lawyer, focuses on government and internal investigations, white collar defense, and complex litigation for clients in the life science and health care industries, among others. John has particular experience with the Anti-Kickback Statute, the False Claims Act, the Foreign Corrupt Practices Act, and the Federal Food, Drug, and Cosmetic Act, including defending major corporations in investigations pursued by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC). John is admitted to practice law in the states of California and Colorado, as well as in the District of Columbia and the U.S. Courts of Appeal for the Eighth and Tenth Circuits, the U.S. District Courts for the District of Colorado and the Northern District of California.

Jonathan M. Phillips is a partner in Gibson Dunn’s Washington, D.C. office where he focuses on compliance, enforcement, and litigation in the health care and government contracting fields, as well as other white collar enforcement matters and related litigation. A former Trial Attorney in DOJ’s Civil Fraud section, he has particular experience representing clients in enforcement actions by the DOJ, Department of Health and Human Services, and Department of Defense brought under the False Claims Act and related statutes. Jonathan is a member of the bars of the State of Maryland and the District of Columbia.

Katlin McKelvie is a partner in Gibson Dunn’s Washington, D.C. office and a member of the firm’s Food and Drug Administration (FDA) and Health Care Practice Group. With over two decades of experience in food and drug law, including as Deputy General Counsel of the Department of Health and Human Services (HHS), Katlin offers clients expansive knowledge of the complex legal and policy issues associated with FDA regulation of food, drugs, medical devices, and cosmetics.

As Deputy General Counsel at HHS, Katlin was responsible for advising senior HHS officials on FDA-related regulatory, enforcement, and litigation matters. Prior to joining HHS, she served as Deputy Health Policy Director and Senior FDA Counsel to the Senate Committee on Health, Education, Labor, and Pensions for Chair Patty Murray. As Committee staff, Katlin played a pivotal role in shaping multiple pieces of legislation the FDA is currently working to implement, most notably the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Food and Drug Omnibus Reform Act of 2022 (FDORA). Before her time in the Senate, Katlin spent 11 years at FDA, first as Regulatory Counsel in the Office of Prescription Drug Promotion in the Center for Drug Evaluation and Research and then as Associate Chief Counsel for Drugs in the Office of the Chief Counsel. She is admitted to practice law in the District of Columbia.

Jim Zelenay is a partner in Gibson Dunn’s Los Angeles office where he practices in the firm’s Litigation Department. Jim has extensive experience in defending clients involved in white collar investigations, assisting clients in responding to government subpoenas, and in government civil fraud litigation. Jim has represented clients in connection with alleged violations of environmental regulations, regulations governing trade with sanctioned countries, Department of Education rules and regulations, Food and Drug Administration regulations, Federal Emergency Management Agency regulations, government construction contracting matters, patent and telecommunication proceedings, and other administrative matters. Jim also has substantial experience with the federal and state False Claims Acts and whistleblower litigation, in which he has represented a breadth of industries and clients, including educational institutions, financial institutions, insurers, pharmaceutical companies, construction companies, telecommunication clients, emergency services personnel, and accounting firms, among others. Jim is a member of the California Bar.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.5 credit hour, of which 1.5 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.5 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

This year has reflected a dichotomy in SEC Enforcement. On one hand, the Enforcement Division has continued to pursue an aggressive agenda pressing expansive legal theories, increasing sanctions and broad rulemaking.

At the same time, certain Commissioners have publicly dissented from the some of the Division’s more aggressive positions, and the SEC has suffered a number of notable defeats in the courts, all of which have potentially broad implications for the Enforcement program.

Added to all of that is the potential for a shift enforcement focus with the upcoming change in administration, regardless of the outcome of the Presidential election.

Gibson Dunn attorneys, including two former SEC regional directors, will cover the latest hot topics in SEC Enforcement, including:

  • Implications of recent court decisions
  • Latest trends in SEC Enforcement
  • Strategies for mitigating risk of investigations and enforcement actions
  • Looking ahead to 2025 and beyond


PANELISTS:

Mark K. Schonfeld is a litigation partner in the New York office of Gibson, Dunn & Crutcher and co-chair of Gibson Dunn’s Securities Enforcement Practice Group. He is also a member of the firm’s Crisis Management, Accounting Firm Advisory and Defense and White Collar Defense and Investigations Practice Groups. Mark’s practice focuses on the representation of financial institutions, public companies, hedge funds, accounting firms and private equity firms in investigations conducted by the Securities and Exchange Commission (SEC), Department of Justice (DOJ), States Attorneys General, Financial Industry Regulatory Authority (FINRA) and other regulatory organizations. Mark also conducts internal investigations and counsels clients on compliance and corporate governance matters.

Prior to joining Gibson Dunn, Mark concluded a 12-year career with the SEC, the last four years as the Director of the New York Regional Office, the largest of the SEC’s regional offices. Mark oversaw professional staff of nearly 400 enforcement attorneys, accountants, investigators and compliance examiners engaged in the investigation and prosecution of enforcement actions and the performance of compliance inspections of more than 4,000 SEC registered financial institutions in the region. Mark led the New York Office through one of the most vibrant and rapidly evolving periods in the history of the SEC and securities law enforcement and brought many of SEC’s major landmark cases dealing with complex accounting fraud, mutual fund trading, hedge fund abuses, foreign bribery, insider trading and market manipulation. He is admitted to practice law in the State of New York.

David Woodcock is a partner in the Dallas and Washington offices of Gibson, Dunn & Crutcher. He is a co-chair of the firm’s Securities Enforcement Practice Group, and a member of the firm’s Securities Regulation and Corporate Governance, Accounting Firm Advisory and Defense; White Collar Defense and Investigations; Energy, Regulation and Litigation; Securities Litigation; and Oil and Gas Practice Groups. His practice focuses on internal investigations and SEC defense, with a particular emphasis on accounting and financial reporting, corporate compliance, and audit/special committee investigations. Mr. Woodcock regularly advises clients on corporate securities and governance, the role of the board, shareholder activism, and ESG-related issues, including the energy transition, climate disclosures, enterprise risk management practices, cybersecurity, and related U.S./European regulations. He also counsels investment advisors and private equity funds in the context of SEC examinations and investigations, ESG matters, and portfolio due diligence and compliance. David is admitted to practice law in the District of Columbia and the State of Texas.

Tina Samanta is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of the firm’s Litigation, Securities Enforcement, White Collar Defense and Investigations, and Securities Litigation Practice Groups. Tina’s practice focuses on representing financial institutions, corporations, and individuals in sensitive and high-stakes securities-related investigations and litigation. She has represented clients in investigations conducted by the Securities and Exchange Commission, the Department of Justice, the Financial Industry Regulatory Authority, the New York Attorney General’s Office, and numerous other regulatory authorities. She has also represented a diverse range of clients in all phases of litigation, including trial, before federal and state courts across the country. Tina is admitted to practice in the State of New York, as well as in the United States District Courts for the Southern and Eastern Districts of New York. She is a Co-Chair of the New York Office Women’s Committee.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 1.0 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 1 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

For the first time, the U.S. Environmental Protection Agency (EPA) has announced its intention to pursue a coordinated “strategic civil-criminal enforcement policy,” with targeted enforcement priorities that include mitigating climate change, addressing exposure to PFAS, and reducing air pollution in Environmental Justice communities. Working hand-in-hand with the Department of Justice’s Environmental Crimes Section (ECS), EPA has indicated that it will leverage the full array of compliance monitoring and enforcement tools to address violations of environmental laws and pursue new and innovative enforcement theories and remedies. Understanding these policies and trends, and critically examining recent criminal case studies, will help regulated parties anticipate, avoid, and defend against environmental criminal enforcement.

Please join our panelists from Gibson Dunn’s White Collar Defense and Investigations and Environmental Litigation and Mass Tort practice groups as they discuss the current environmental criminal enforcement landscape, analyze lessons learned from recent criminal resolutions of note, and anticipate potential changes in environmental criminal enforcement as a result of the 2024 presidential election.



PANELISTS:

Michael S. Diamant is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he is a member of the White Collar Defense and Investigations Practice Group and serves on the firm’s Finance Committee. His practice focuses on white collar criminal defense, internal investigations, and corporate compliance. He has represented clients in an array of matters, including accounting and securities fraud, antitrust violations, and environmental crimes, before law enforcement and regulators, including the U.S. Department of Justice and the Securities and Exchange Commission. Among Michael’s environmental crime representations are investigations involving diesel emissions and related criminal issues. Michael also has managed numerous internal investigations for publicly traded corporations and conducted fieldwork in nineteen different countries on five continents. He is admitted to practice in the District of Columbia and the Commonwealth of Virginia.

Rachel Levick is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she practices in the firm’s Litigation Department and is a member of the Environmental Litigation and Mass Tort and Environmental, Social and Governance (ESG) Practice Groups. Rachel represents companies across multiple industries in a wide range of federal and state litigation, agency enforcement actions, and administrative rulemaking proceedings. She works with her clients to assess compliance, navigate enforcement actions, and defend against litigation under a variety of environmental statutes and programs, including the Clean Air Act (CAA), the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund). Rachel was recognized by Law360 as a 2023 Environmental “Rising Star,” and in the 2023 Lawdragon 500 X – The Next Generation edition. She was also named by Best Lawyers as “One to Watch” in Environmental Litigation for 2022 and 2023. Rachel is admitted to practice law in Maryland and the District of Columbia, and before the United States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia.

Stacie B. Fletcher is a litigation partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and is co-chair of the Environmental Litigation and Mass Tort Practice Group. Stacie has handled a wide variety of cases under federal and state environmental statutes, including serving as lead counsel on numerous high-profile enforcement defense matters with U.S. EPA and state agencies. Stacie has been recognized by Chambers USA as a leading environmental lawyer in the District of Columbia each year since 2021. According to Chambers USA, clients note that Stacie is “[h]ighly skilled in federal and state environmental enforcement matters,” “has a tremendous grasp of environmental issues and she is dialed in on what is going on at the agencies,” and is “thorough, extraordinarily attentive to detail and great at managing relationships with parties on both sides of a matter.” Stacie is admitted to practice in the Commonwealth of Virginia and the District of Columbia.

David Fotouhi is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he practices in the firm’s Litigation Department and is a member of the firm’s Environmental Litigation and Mass Tort practice group. David previously served as Acting General Counsel and Principal Deputy General Counsel at the U.S. Environmental Protection Agency (EPA). David combines his expertise in administrative and environmental law with his litigation experience and a deep understanding of EPA’s inner workings to represent the firm’s clients in environmental enforcement actions, regulatory challenges, and other environmental litigation. He has provided legal counsel and managed litigation under every major environmental statute, including the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and Toxic Substances Control Act (TSCA). According to Chambers USA, which recognized David as a leading environmental lawyer in the District of Columbia, clients praised David as a “sophisticated lawyer” with “in-depth knowledge of the dynamics of a case and its interaction with the authorities” and “unique experience and expertise from his work at the EPA.” The National Law Journal recognized David as a “Trailblazer” in environmental and energy law, and Law360 named David a “Rising Star” in environmental law for his work “on game-changing regulations and litigation.” David is a member of the bars of the District of Columbia and Texas.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1 hour.

Gibson, Dunn & Crutcher LLP is authorized by the Solicitors Regulation Authority to provide in-house CPD training. This program is approved for CPD credit in the amount of 1.0 hour. Regulated by the Solicitors Regulation Authority (Number 324652).

Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of this provider that this activity qualifies for up to 1 hour toward your annual CLE requirement in Connecticut, including 0 hour(s) of ethics/professionalism.

Application for approval is pending with the Colorado, Illinois, Texas, Virginia, and Washington State Bars.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Policymakers in Washington and other allied capitals have continued to push the limits of economic statecraft by imposing new sanctions and export controls on major economies such as Russia and China, and aggressively enforcing existing measures. A recent surge of collaboration among sister agencies and partner countries has also sharply increased the compliance burden on multinational firms. To help make sense of this fast-shifting landscape, attorneys from Gibson Dunn explain how U.S. sanctions and export controls work, discuss notable new trade restrictions and recent record-setting enforcement activity, and share best practices in multi-agency and multi-jurisdictional investigations and defense. 



PANELISTS:

Adam M. Smith is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and serves as co-chair of the firm’s International Trade Practice Group. He is an experienced international lawyer with a focus on international trade compliance and white collar investigations, including federal and state economic sanctions enforcement, CFIUS, the Foreign Corrupt Practices Act, embargoes, and export and import controls.

Clients benefit from Adam’s experience in the Obama Administration, where he was Senior Advisor to the Director of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) and Director for Multilateral Affairs on the National Security Council. At OFAC, he was instrumental in shaping and enforcing sanctions policies, briefing Congressional and private sector leaders, conducting extensive international outreach, and negotiating complex agreements. On the National Security Council, he advised the President on international sanctions, coordinated inter-agency efforts, and developed strategies to counter corruption and promote asset recovery. Adam is admitted to practice in District of Columbia and the State of Maryland.

Christopher T. Timura is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher LLP and a member of the firm’s International Trade, White Collar Defense and Investigations, and ESG Practice Groups. Chris helps clients solve problems that arise at the intersection of U.S. national security, foreign policy, and international trade regulation. Chris advises clients on compliance with U.S. export controls (ITAR and EAR), import controls, and economic sanctions, and advocates for clients before the departments of State (DDTC), Treasury (OFAC and CFIUS), Commerce (BIS), Homeland Security (Customs & Border Protection), and Justice in civil and criminal enforcement actions, UFLPA and other forced labor-related detentions, and investment reviews. His clients span sectors and range from start-ups to Global 500 companies. He is regularly ranked in Chambers Global and U.S.A. guides for his work and is a regular speaker and writer on the policy drivers, trends, and impacts of evolving international trade policy and regulation. Chris is admitted to practice in the District of Columbia.

Scott Toussaint is a senior associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s International Trade Practice Group. His practice focuses on compliance with U.S. laws governing international business transactions, including economic sanctions, export controls, and foreign investment in the United States. He advises clients on matters before the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the Committee on Foreign Investment in the United States (CFIUS), and other regulatory and enforcement agencies. Scott has extensive experience counseling U.S. and foreign companies on compliance with OFAC sanctions, obtaining licenses and authorizations, developing corporate compliance programs, and assessing the national security implications of proposed mergers and acquisitions. Scott is admitted to practice in the State of California and the District of Columbia.

Anna Searcey is a litigation associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of both the International Trade, and White Collar Defense and Investigations practice groups. Her experience includes conducting internal investigations for multinational corporate clients, representing corporate and individual clients in government investigations involving the Department of Justice and other regulatory and enforcement agencies, and advising clients regarding the development of their compliance and ethics programs. She also advises clients on U.S. economic sanctions and export controls, including conducting company-wide risk assessments, strengthening trade compliance programs, and developing restricted-party screening protocols. Anna is admitted to practice in the District of Columbia and Virginia. She is also admitted to practice before the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Partners from Gibson Dunn’s antitrust group discuss recent changes to the Hart-Scott-Rodino rules, including a review of key changes, their potential impact on HSR filing preparation and transaction timelines, as well as preliminary thoughts on new best practices to address these developments.



PANELISTS:

Joshua Lipton is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He maintains a broad-based antitrust and consumer protection practice, including litigation in state and federal courts, merger and acquisition investigations, civil and criminal antitrust and consumer protection investigations by government authorities, and antitrust counseling.

Admissions: District of Columbia Bar

Sophia (Vandergrift) Hansell is a partner in the Washington, D.C. office of Gibson, Dunn and Crutcher. She is a member of the Antitrust and Competition Practice Group. Before joining the firm, Ms. Hansell served as an attorney in the Mergers IV Division of the Federal Trade Commission’s Bureau of Competition, where she focused on merger review and enforcement litigation. At the FTC, Ms. Hansell was a core member of trial teams that blocked proposed mergers for Sysco and US Foods, Advocate Health Care and NorthShore University HealthSystem, and Wilhelmsen and Drew Marine. Previously, Ms. Hansell served in the United States Attorney’s Office for the District of Columbia as a Special Assistant United States Attorney in the General Crimes Division. Leveraging her experience in government enforcement, Ms. Hansell’s practice focuses on complex antitrust litigation and investigations before the Department of Justice, Federal Trade Commission, and state attorneys general. She also has experience counseling companies on a broad range of competition issues relating to M&A transactions, including pre-deal risk assessments, transaction negotiations, and gun jumping issues. Ms. Hansell also develops and executes strategies to secure merger clearance with U.S. and foreign competition authorities.

Admissions: District of Columbia Bar, Virginia Bar

Michael Perry is a partner in the Washington, D.C. office of Gibson Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. Michael represents clients in merger and non-merger related investigations before the U.S. Federal Trade Commission and the U.S. Department of Justice, and complex private and government antitrust litigation. His practice spans a variety of industries, including healthcare and life sciences, energy, and technology, and he is experienced in issues at the intersection of antitrust and intellectual property law. Michael previously served as Counsel to the Director of the Federal Trade Commission’s Bureau of Competition from 2015 to 2016 and as an attorney in the agency’s healthcare division. During his tenure at the FTC, Michael played an integral role in many of the agency’s most significant antitrust enforcement actions, including FTC v. Actavis, FTC v. Cephalon, FTC v. Sysco, and FTC v. St. Luke’s Health System.

Admissions: District of Columbia Bar, California Bar

Jamie France is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Antitrust and Competition Practice Group. She represents clients in antitrust merger and non-merger investigations before the U.S. Federal Trade Commission, U.S. Department of Justice Antitrust Division, state Attorneys General, and international competition authorities, as well as in complex private and government antitrust litigation. She also counsels clients on a range of antitrust merger and conduct matters. Jamie joined the firm after six years as an attorney in the Mergers IV Division of the Federal Trade Commission’s Bureau of Competition, where she served in lead roles on high-profile merger investigations and enforcement actions. Jamie has significant experience litigating merger challenges and was an integral member of the FTC’s trial teams on FTC v. Thomas Jefferson University, FTC v. Hackensack Meridian Health, FTC v. Sanford Health, FTC v. Advocate Health Care Network, and FTC v. Benco Dental Supply. She was twice honored with the FTC’s Janet D. Steiger Award for her contributions to the Sanford and Advocate litigations.

Admissions: District of Columbia Bar, New York Bar


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

 

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

As companies prepare to transition from private ownership to the public markets, the legal landscape surrounding executive compensation and employee benefits becomes increasingly complex. Join us for a 60-minute webcast briefing, where we will delve into the critical securities, governance, disclosure and executive compensation and employee benefits-focused legal issues that companies must plan for in advance to ensure compliance and mitigate risks during the IPO process and as a newly public entity.

This session is essential for C-suite executives, HR professionals, and in-house legal teams who are responsible for advance planning and steering their companies through the IPO process and beyond. Attendees will leave with actionable insights and practical tools to ensure their organizations are well-prepared for the challenges and opportunities of becoming a successful public company.



PANELISTS:

Sean Feller is a partner in Gibson, Dunn & Crutcher’s Century City office.  He serves as Co-Chair of the firm’s Executive Compensation and Employee Benefits Practice Group.  His practice focuses on all aspects executive compensation and employee benefits.  His practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans; qualified and nonqualified retirement and deferred compensation plans and executive employment and severance arrangements.  Mr. Feller has been recognized by his peers as one of The Best Lawyers in America in the area of Employee Benefits (ERISA) Law.  In 2020 and 2022, he was ranked by Chambers USA as a Leading Lawyer in Los Angeles in the area of Employee Benefits and Executive Compensation.

Ekaterina (Kate) Napalkova is a partner in the New York office of Gibson, Dunn & Crutcher and a member of the Employee Benefits and Executive Compensation Practice Group. Kate advises public and private companies, private investment funds, boards of directors and management teams on a broad range of compensation and employee benefits matters. Her advice focuses on the compensation and employee benefits aspects of mergers and acquisitions, restructurings, public offerings, spin-offs and other corporate transactions. She is experienced in the negotiation and implementation of benefit and compensation plans, as well as compensation-related securities reporting and corporate governance matters.

Stewart L. McDowell is a partner in the San Francisco office of Gibson, Dunn & Crutcher. She is a Co-Chair of the firm’s Capital Markets Practice Group and a member of the firm’s Corporate Department. Ms. McDowell represents companies, investors and underwriters in a variety of complex capital markets transactions, including IPOs, convertible and non-convertible debt and preferred equity offerings, PIPEs and liability management transactions. She also represents companies in connection with U.S. and cross-border M&A and strategic investments, SEC reporting, corporate governance and general corporate matters.

Gina Hancock is an associate in the Dallas office. She practices in the firm’s Executive Compensation and Employee Benefits Department. Gina has significant experience with executive compensation, complex domestic and international transactional matters, initial public offerings, health and welfare benefit plan, retirement plan, and related matters. Her practice focuses on all aspects of equity compensation; employee stock purchase plans; 401(k), pension and nonqualified deferred compensation plans; executive employment, severance, retention, change in control and restrictive covenant agreements; incentive compensation; and cafeteria and other welfare benefit plans. She also provides advice with respect to general corporate governance and disclosure matters.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

This webcast focuses on enforcement trends in the Southern and Eastern Districts of New York. The panel includes a former Assistant United States Attorney from the Southern District of New York and a former Assistant United States Attorney from the Eastern District of New York who cover key takeaways and trends from 2024 and look ahead at what these districts will prioritize in 2025.

Discussion topics include:

  • Meaning and potential impacts of the DOJ’s new whistleblower program and the related SDNY pilot program (www.justice.gov/d9/2024-02/sdny_wb_policy_effective_2-13-24.pdf)
  • Key takeaways from indictments and civil lawsuits filed by the offices in 2024
  • How this evolving and dynamic DOJ enforcement landscape may impact companies and executives.


PANELISTS:
 

Joseph Warin is chair of the 250-person Litigation Department of Gibson Dunn’s Washington, D.C. office, and he is co-chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Warin’s practice includes representation of corporations in complex civil litigation, white collar crime, and regulatory and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and class action civil litigation. Mr. Warin has handled cases and investigations in more than 40 states and dozens of countries. His credibility at DOJ and the SEC is unsurpassed among private practitioners – a reputation based in large part on his experience as the only person ever to serve as a compliance monitor or counsel to the compliance monitor in three separate FCPA monitorships, pursuant to settlements with the SEC and DOJ: Statoil ASA (2007-2009); Siemens AG (2009-2012); and Alliance One International (2011-2013). He has been hired by audit committees or special committees of public companies to conduct investigations into allegations of wrongdoing in a wide variety of industries including energy, oil services, financial services, healthcare and telecommunications. Mr. Warin is admitted to practice in the District of Columbia.

Zainab Ahmad is a partner in the New York office of Gibson Dunn, where she is co-chair of the firm’s National Security Practice Group and a member of the White Collar Defense and Investigations, Privacy, Cybersecurity and Data Innovation and Labor and Employment Practice Groups. Zainab served as Senior Assistant Special Counsel in Special Counsel Robert S. Mueller’s Office following a successful career as a prosecutor and trial lawyer at the Department of Justice in both Washington, D.C. and the Eastern District of New York. As former Deputy Chief of the National Security and Cybercrime section at the U.S. Attorney’s Office in the Eastern District of New York, Zainab supervised a unit of over 20 attorneys, investigators, and staff prosecuting sensitive counterterrorism, counterespionage, and cybercrime cases. Zainab’s practice focuses on white collar defense and investigations, as well as regulatory and civil litigation challenges, such as matters involving corruption, anti-money laundering, sanctions and FCPA issues. She also advises clients on cybercrime and intellectual property issues, including handling investigations, enforcement defense, and litigation. She has extensive experience with a wide range of federal, state, and international cybersecurity laws, regulations, and standards.

Zainab previously represented the DOJ at meetings of the World Economic Forum’s Cybercrime Workshop and participated in development of WEF’s Guidance on Public-Private Information Sharing Against Cybercrime. She also organized and led a Cybercrime Roundtable with former FBI Director James Comey and General Counsel and C-suite executives from various industries, including banking, media, health care and pharmaceutical companies, to discuss improved public-private partnership in combatting cybercrime. Zainab is admitted to practice in the State of New York.

Karin Portlock is a partner in the New York office of Gibson Dunn and a member of the White Collar Defense and Investigations, Litigation, Labor and Employment, and Crisis Management Practice Groups. As a former federal prosecutor, Karin has a broad-based government enforcement and investigations practice, ranging from government and internal corporate investigations to criminal defense and regulatory enforcement litigation through trial. She regularly represents individuals and companies under criminal investigation and indictment by the U.S. Department of Justice as well as in civil government probes by federal regulators and state Attorneys General.

Prior to joining Gibson Dunn, Karin was as an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of New York from 2015 to 2020. In that role, she tried multiple cases to verdict and prosecuted a broad range of federal criminal violations, including fraud, racketeering, and violent crimes, leading large-scale investigations of murder, firearms, and sex trafficking offenses as well as crimes involving minors and other vulnerable victims. She has particular expertise with victims of trauma and represents victims and witnesses at all stages of investigation and prosecution, including in cases involving highly sensitive subject matter. Karin is admitted to practice in the State of New York and before the U.S. District Courts for the Southern and Eastern Districts of New York and the U.S. Court of Appeals for the Second Circuit.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Join our expert panel as they explore strategies for navigating parallel investigations by the DOJ and SEC. This webcast provides practical insights on managing the complexities of simultaneous inquiries, ensuring compliance and minimizing risks for your organization.



PANELISTS:

Douglas M. Fuchs is a partner in Gibson Dunn’s Los Angeles office and co-chair of the firm’s Los Angeles Litigation Department. He also is a member of the firm’s White Collar Defense and Investigations, Accounting Firm Advisory and Defense, Securities Enforcement and Securities Litigation Practice Groups. Doug has a special expertise in representing corporations and individuals in white collar criminal, SEC and other regulatory enforcement matters, including cases involving allegations of securities fraud, environmental violations, public corruption, antitrust violations, economic espionage and government contracting fraud. Doug has also conducted sensitive internal investigations, been retained by companies that have been victimized by fraud, and developed compliance programs, including compliance with the Foreign Corrupt Practices Act. Doug is a member of the California Bar, a board member of the Federal Bar Association, active in the American Bar Association, and has repeatedly been named a Southern California Super Lawyer in the fields of white collar criminal prosecution and criminal defense.

Mark K. Schonfeld is a litigation partner in the New York office of Gibson Dunn and co-chair of firm’s Securities Enforcement Practice Group. He is also a member of the firm’s Crisis Management, Accounting Firm Advisory and Defense and White Collar Defense and Investigations Practice Groups. Mark’s practice focuses on the representation of financial institutions, public companies, hedge funds, accounting firms and private equity firms in investigations conducted by the Securities and Exchange Commission (SEC), Department of Justice (DOJ), States Attorneys General, Financial Industry Regulatory Authority (FINRA) and other regulatory organizations. Mark also conducts internal investigations and counsels clients on compliance and corporate governance matters.

Prior to joining Gibson Dunn, Mark concluded a 12-year career with the SEC, the last four years as the Director of the New York Regional Office, the largest of the SEC’s regional offices. Mark oversaw professional staff of nearly 400 enforcement attorneys, accountants, investigators and compliance examiners engaged in the investigation and prosecution of enforcement actions and the performance of compliance inspections of more than 4,000 SEC registered financial institutions in the region. Mark led the New York Office through one of the most vibrant and rapidly evolving periods in the history of the SEC and securities law enforcement and brought many of SEC’s major landmark cases dealing with complex accounting fraud, mutual fund trading, hedge fund abuses, foreign bribery, insider trading and market manipulation. He is admitted to practice law in the State of New York.

Poonam G. Kumar is of counsel in the Los Angeles office of Gibson Dunn and a member of its White Collar Defense & Investigations and Litigation practice groups. She is a former federal prosecutor with significant first-chair trial experience and an extensive background in handling high-stakes criminal and civil matters across a broad range of practice areas.

From 2014 to 2022, Poonam served as an Assistant United States Attorney in the United States Attorney’s Office for the Central District of California where she investigated and prosecuted complex financial crimes, including corporate and securities fraud, embezzlement, healthcare fraud, bank fraud, import/export crimes, tax crimes, and money laundering. Poonam was a Deputy Chief of the Major Frauds section where she supervised a large team of federal fraud prosecutors. Representative matters from her time at the U.S. Attorney’s Office include the investigation and prosecution of a multinational scheme to inflate revenue of a company publicly traded on a foreign exchange and to evade nearly $2 billion in import duties as well as the conviction at trial of a South Korean official for laundering bribes he received in connection with his government position. For her work with the Department of Justice, Poonam received the United States Attorney General’s John Marshall Award for Outstanding Achievement in 2020. She is admitted to practice in the States of California and New York.


MCLE CREDIT INFORMATION:

This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.

Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.

Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.

California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.

© 2024 Gibson, Dunn & Crutcher LLP.  All rights reserved.  For contact and other information, please visit us at www.gibsondunn.com.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials.  The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel.  Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.