Webcasts Archives

The COVID-19 pandemic is undoubtedly the biggest public health crisis of our times. Like many other countries, the UK Government has exercised broad powers and passed new laws that impact how we do business and interact as a society.

To address the pandemic, the Government announced several sweeping regulations and ushered through the Coronavirus Act 2020. These actions have a broad impact on law, public policy and daily life, impacting areas including health, social welfare, commerce, trade, competition, employment and the free movement of people.

Join our team of Gibson Dunn London lawyers, led by partner and former Lord Chancellor Charlie Falconer QC, for a discussion of these changes and to answer your questions on how they will affect British businesses and community, including the impact on new and ongoing business relationships.

In this webinar we will cover:

Legal considerations of the UK Government’s roadmap for easing lockdown measures
Return to work?: A discussion of some of the issues employers will have to navigate
The impact of COVID-19 on warranty and indemnity insurance policy terms and process

We want to hear from you about the impacts the current measures and conditions are having on your business and the legal issues you are facing. We therefore welcome suggested topics, as well as questions in advance of each webinar, to ensure that we can address issues relevant to your business.

PANELISTS:

Charlie Falconer QC: An English qualified barrister and Gibson Dunn partner. Former UK Lord Chancellor and first Secretary of State for Justice, he spent 25 years as a commercial barrister, and became a QC in 1991.

Matt Aleksic: An associate in the Litigation and International Arbitration practice groups of Gibson Dunn. Experience in a wide range of disputes, including commercial litigation, international arbitration and investigations.

Harriet Codd: A trainee in the Labour and Employment practice group.

Heather Gibbons: An associate in the Labour and Employment practice group. Specialising in all aspects of UK employment law, Heather has a broad range of experience in contentious, transactional and general advisory employment law.

Patrick Hennessy: An of counsel in the Corporate Transactional, Mergers and Acquisitions, Private Equity and Real Estate practice groups. Mr. Hennessy has extensive experience advising clients in the U.K., across Europe and Asia on a wide range of corporate matters, including cross-border mergers and acquisitions, disposals, leveraged buy-outs and joint ventures.

The COVID-19 pandemic has unfolded rapidly, causing unprecedented changes in daily life, disruption to businesses and the economy, as well as dramatic market volatility. Even as companies adjust to the new business environment, they also must remain vigilant to avoid potential exposure to securities class action and derivative action liability. In this webinar, Gibson Dunn and Cornerstone Research will discuss the potential implications of the COVID-19 pandemic for securities and derivative litigation, including the following topics:

The economic and other similarities and differences between this “black swan” event and other events that caused substantial market volatility, such as the 2008 financial crisis
Issues for companies to consider in preparing risk disclosures and discussing forward looking projections
Best practices for Board of Directors oversight
Financial reporting considerations
Economic analyses that are particularly relevant for COVID-19 related securities actions

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PANELISTS:

Lori Benson is a Senior Vice President and heads Cornerstone Research’s New York office. Over the course of her more than twenty years with the firm, she has prepared strategy and expert testimony in all aspects of complex commercial litigation, including trials, arbitrations, settlements, and regulatory inquiries. Ms. Benson has consulted on a wide range of cases including securities class actions, market manipulation, valuation, asset management and fixed income securities disputes.

Yan Cao is a Vice President at Cornerstone Research’s New York office. Dr. Cao specializes in issues related to financial economics and financial reporting across a range of complex litigation and regulatory proceedings. Her experience covers securities, market manipulation, M&A, risk management, and bankruptcy matters. Dr. Cao has fifteen years of experience consulting on securities class actions that cover a wide variety of industries, with a focus on financial institutions. She has also worked on regulatory investigation and enforcement matters led by the SEC, the CFTC, the DOJ, the NY Fed, and state AGs. Dr. Cao is a Chartered Financial Analyst (CFA) and a Certified Public Accountant.

Jennifer L. Conn is a partner in the New York office of Gibson, Dunn & Crutcher. She is a member of Gibson Dunn’s Litigation, Securities Litigation, Securities Enforcement, Appellate, and Privacy, Cybersecurity and Consumer Protection Practice Groups. Ms. Conn has extensive experience in a wide range of complex commercial litigation matters, including those involving securities, financial services, accounting, business restructuring and reorganization, antitrust, contracts, and information technology. In addition, Ms. Conn is an Adjunct Professor of Law at Columbia Law School, lecturing on securities litigation.

Elaine Harwood is a Vice President at Cornerstone Research’s Los Angeles office and heads the firm’s accounting practice. She consults to clients and works with experts on securities litigation, complex enforcement matters brought by the SEC and PCAOB, and corporate investigations. She is an expert on financial accounting, financial reporting, and auditing. Dr. Harwood has served for more than twenty years as a consultant and expert on a wide range of liability and damages issues. She is a Certified Public Accountant (CPA) and is Certified in Financial Forensics (CFF) by the AICPA. Who’s Who Legal recognizes Dr. Harwood as a leading forensic accountant in the legal investigations space.

Avi Weitzman is a litigation partner in the New York office of Gibson, Dunn & Crutcher. He is a member of the White Collar Defense and Investigations, Crisis Management, Securities Enforcement and Litigation, and Media, Entertainment and Technology Practice Groups. Mr. Weitzman is a nationally recognized trial and appellate attorney, with experience handling complex commercial disputes in diverse areas of law, white-collar and regulatory enforcement defense, internal investigations, and securities litigations. Prior to joining Gibson Dunn, Mr. Weitzman served for seven years as an Assistant United States Attorney in the Southern District of New York, primarily in the Securities and Commodities Fraud Task Force and Organized Crime Unit.

MCLE 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 Victoria Chan (Attorney Training Manager) at [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.

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.

Join a panel of Gibson Dunn lawyers in a discussion of ways for financial services business to manage legal and regulatory risks during the COVID-19 pandemic. The panel will cover discussions of:

expectations relating to communications with regulators
areas of likely focus from regulators
expectations regarding communication/engagement with clients
focus on senior management accountability
cultural considerations
managing people and risks while working remotely and the return to the offices

PANELISTS:

Michelle M Kirschner: A partner in the London office. She advises a broad range of financial institutions, including investment managers, integrated investment banks, corporate finance boutiques, private fund managers and private wealth managers at the most senior level.

James Cox: A partner in the London office. He is a member of the firm’s Labor and Employment Practice Group. Mr. Cox has extensive experience in contentious and non-contentious labor and employment matters.

Steve Melrose: An associate in the London office and a member of the Dispute Resolution and White Collar Defence and Investigations groups. His practice focuses on domestic and cross-border corporate investigations, regulatory investigations and white-collar criminal matters.

Martin Coombes: An associate in the London office and a member of the Financial Institutions group. He specialises in advising on UK and EU financial services regulation. This includes a wide range of financial services and compliance issues including advice on UK and EU regulatory developments, the regulatory aspects of corporate transactions and the on-going compliance obligations of financial services firms.

Chris Hickey: An associate in the London office and a member of the firm’s Financial Institutions group. He advises on a range of UK and EU financial services regulatory matters. This includes the regulatory elements of corporate transactions, regulatory change management and ongoing compliance requirements to which firms are subject.

In this webinar we will cover:

Current plans to ease the lockdown restrictions
An introduction to the data protection aspects of contact tracing apps
The UK Government’s Future Fund initiative, which aims to provide liquidity and investment to high-growth companies

PANELISTS:

Sarika Rabheru: An Associate in Gibson Dunn’s Employment team. Specializes in employment.

Ciarán Deeny: An associate in Gibson Dunn’s Mergers & Acquisitions and Private Equity teams. A broad range of corporate transactional experience, with a primary focus on private equity and private M&A in Europe, the Middle East and North Africa.

In the current distressed environment of the oil and gas industry, there has been a great deal of discussion about, consideration of, and even implementation planning for, significantly reducing or even “shutting in” production. Join the Chair of Gibson Dunn’s Oil & Gas Practice Group, Michael P. Darden, as he discusses how and why this reduction or shut-in of production may occur and the consequences thereof, and provides a comprehensive examination of potential pitfalls and suggested courses of action.

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PANELISTS:

Michael P. Darden is Partner-in-Charge of the Houston office of Gibson, Dunn & Crutcher, chair of the firm’s Oil & Gas practice group, and a member of the firm’s Energy and Infrastructure and Mergers and Acquisitions practice groups. Before joining Gibson Dunn, Mr. Darden served as the global chair of the oil and gas transactions practice and co-chair of the global oil and gas industry team at Latham & Watkins as well as the firmwide chair of the global oil and gas practice at Baker Botts. Mr. Darden is Board Certified in Oil and Gas Law by the Texas Board of Legal Specialization.

MCLE INFORMATION:

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.

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.

Antitrust authorities in the U.S. and Europe have increasingly emphasized the importance of policing competition in innovation-driven health care markets, including pharmaceuticals, biologics, medical devices, and biotech. During and after the COVID-19 crisis, companies can expect greater demands on industry participants to collaborate, as governments and companies all work to develop innovative treatments and products. In addition, in recent years antitrust enforcers have been reviewing mergers and conduct throughout the industry through new analytical frameworks, and have issued new guidelines, which may have both short-term and long-term ramifications for business practices and transactions. We also can expect continued enforcement attention to perceived high drug costs. M&A transactions, litigation, and government enforcement are impacted and will continue to be impacted by these trends.

Drawing on their experiences in recent cases and their enforcement backgrounds, Gibson Dunn lawyers will discuss how to navigate these new and evolving approaches to antitrust enforcement and litigation.

The panel also will discuss how pharmaceutical, medical device, biologic and biotech companies can engage effectively with enforcers, while practically managing antitrust risk in this challenging environment.

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PANELISTS:

Adam J. Di Vincenzo is a partner in the Washington, D.C. office of Gibson Dunn. Mr. Di Vincenzo’s practice encompasses a wide range of antitrust litigation and merger investigations. He has represented numerous clients before antitrust enforcement authorities in the United States (including the DOJ and FTC), European Union, and other jurisdictions in connection with mergers, acquisitions, joint ventures, conduct, and intellectual property issues. His recent matters include merger-related FTC investigations involving the pharmaceuticals, biotech, and medical device industries, including his representation of Spark Therapeutics in its $4.3 billion acquisition by Roche. He has been recognized as a leading antitrust and competition lawyer by Who’s Who Legal: Competition, Legal 500, Global Competition Review, and Law360.

Richard Parker is a partner in the Washington, D.C. office of Gibson Dunn and a member of the firm’s Antitrust and Competition Practice Group. Mr. Parker is a leading antitrust lawyer who has successfully represented clients before both enforcement agencies and the courts. As an experienced antitrust trial and regulatory lawyer, Mr. Parker has been involved in many major antitrust representations, including merger clearance cases, cartel matters, class actions, and government civil investigations. He has extensive experience representing clients in matters before the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division. His experience in high-profile merger trials has earned him high honors, including being recognized by Chambers USA as a first-tier ranked “Leading Lawyer” in Antitrust, and included on Benchmark Litigation’s “Top 100 Trial Lawyers in America” list. From 1998 to 2001, Mr. Parker served as the Senior Deputy Director and then as Director of the Bureau of Competition of the U.S. Federal Trade Commission.

Eric J. Stock is a partner in the New York office of Gibson Dunn where his practice focuses on antitrust litigation and investigations, especially for clients in the pharmaceutical, health care, and financial services industries. He has particular experience advising pharmaceutical companies accused of monopolization or anticompetitive transactions, especially in matters that involve the intersection of the antitrust and intellectual property laws. Mr. Stock currently is defending several pharmaceutical companies in matters involving alleged “reverse payment” patent settlements, alleged “sham” citizen petitions or patent lawsuits, or the use of bundled discounts. In these matters, Mr. Stock frequently is responsible for coordinating the client’s response to these legal issues across multiple proceedings and jurisdictions, including state and/or federal investigations, class actions, and other customer or competitor lawsuits. From 2013-2016, Mr. Stock was the Chief of the Antitrust Bureau at the New York Attorney General’s Office.

Deirdre Taylor is a partner and English qualified solicitor in the London office of Gibson Dunn. Ms. Taylor’s practice encompasses the full range of antitrust issues, including cartel investigations, merger control, and abuse of dominance. Ms. Taylor has provided antitrust advice to clients across a number of industries, including telecommunications, aviation, financial services, oil and gas, engineering, retail, pharmaceutical, and manufacturing. Her recent merger experience in the pharmaceuticals, biotech, and medical device industries includes representation of Spark Therapeutics before the UK competition authority in relation to its acquisition by Roche. Ms. Taylor is assistant editor of “Faull & Nikpay: The EC Law of Competition,” one of the leading practitioner texts in the antitrust and competition law field.

MCLE INFORMATION:

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.

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.

In this webinar we will cover:

Governance – key issues for boards
HMRC’s response to tax residence and cross-border employment tax matters
Commercial real estate update – challenges or opportunities?

PANELISTS:

Lucy Conway: An associate in the Mergers and Acquisitions practice group of Gibson Dunn. Ms. Conway advises on a broad range of UK and international cross-border corporate finance transactions, including mergers and acquisitions, joint ventures, initial public offerings (IPOs) and secondary fundraisings.

Benjamin Fryer: A partner in the Tax practice group. Mr. Fryer advises on a wide range of domestic and cross-border matters and transactions, including in relation to banking, capital markets, corporate finance, corporate reorganisations, debt restructuring, mergers and acquisitions, private equity, real estate and structured finance.

Richard Sen: An associate in the London Real Estate practice group of Gibson Dunn. Mr. Sen advises on asset and corporate acquisitions and disposals, joint venture arrangements, real estate financing, high profile development work and commercial leasing transactions.

As businesses plan to resume or expand operations in a post-quarantine COVID-19 world, they face a complex, and sometimes conflicting, patchwork of public health, employment, and privacy considerations requiring them simultaneously to:

Develop, implement, and continue to evaluate infection control programs—including PPE use, cleaning and disinfection protocols, social distancing and hand hygiene programs, and return to work policies—to reduce illness and transmission risk and keep up with evolving community health and industry standards.
Evaluate, implement, and document enhanced worker screening and contact tracing programs to identify, respond to, and understand the root cause of worker illnesses.
Implement screening and other programs with an eye to privacy, balancing the need to collect information with applicable and potentially conflicting privacy obligations arising under state constitutional and common law; statutes including the California Consumer Privacy Act, California’s Confidentiality of Medical Information Act, the Illinois Biometric Information Privacy Act, and various tracking and data breach statutes; and evolving general privacy principles of transparency, data minimization, confidentiality, and data security.
Remain compliant with wage and hour obligations in a “new normal” of altered work schedules and arrangements and new activities ancillary to workers’ regular shifts that may include PPE use, additional personal hygiene steps, or employee screening requirements.
Navigate the framework of federal and state employment law protecting employee rights, including those protecting potentially higher risk workers based on age or disability, worker health and safety obligations, and paid and unpaid leave rights, and be prepared to respond to employee concerns (and potential reluctance to work) while remaining sensitive to whistle-blower, anti-retaliation, worker speech.

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PANELISTS:

Karl Nelson is a Gibson Dunn partner who advises and represents employers across the country in connection with employment law compliance and litigation, including with respect to fair employment practices, benefits issues, worker health and safety, whistle-blower claims, and collective bargaining rights and obligations. He has been actively involved as part of the firm’s COVID-19 Response Team in guiding clients across a range of industries in responding to the recent health crisis.

Katherine V.A. Smith is a partner in Gibson Dunn’s Los Angeles office whose practice focuses on high stakes employment litigation matters such as wage and hour class actions, representative actions brought under the California Private Attorney General Act (“PAGA”), whistleblower retaliation cases, and executive disputes. In addition to litigation, Ms. Smith also dedicates a significant portion of her practice to advising employers on nearly all aspects of employment law, including those arising from the COVID-19 crisis.

Alexander H. Southwell is a nationally-recognized technology investigations lawyer and counselor, serving as global Co-Chair of Gibson, Dunn & Crutcher’s Privacy, Cybersecurity, and Consumer Protection Practice Group. He represents a wide-range of leading companies, counseling on privacy, information technology, data breach, theft of trade secrets and intellectual property, computer fraud, national security, and network and data security issues, including handling investigations, enforcement defense, and litigation. Recently, he has focused on advising clients on cybersecurity and privacy issues relating to COVID-19 crisis management programs and has led a number of COVID-related pro bono projects.

Cassandra Gaedt-Sheckter is a senior associate in Gibson Dunn’s Palo Alto office who focuses on cutting-edge privacy law compliance concerns for clients in a broad range of industries, including relating to federal, state, and international privacy and cybersecurity laws, and representing companies in technology-related privacy class action and IP litigation matters. She is a leader of the firm’s CCPA Task Force, and has been particularly dedicated in recent months to advising clients on privacy and cybersecurity issues relating to businesses’ implementation of COVID-19 crisis management and prevention programs.

Dr. Christopher Kuhlman is a board certified toxicologist (DABT) and industrial hygienist (CIH) with CTEH. Dr. Kuhlman specializes in toxicology, risk assessment, toxicity evaluations, and emergency response toxicology. Recently, he has been working with employers around to globe to meet the ongoing challenges of the outbreak of COVID-19.

In this webinar we will cover:

Updates on financial support measures for UK businesses
The pandemic’s effect on the oil and gas market, including the crash in the oil price and key issues facing the industry
Emerging issues in international trade

PANELISTS:

Amar Madhani: A senior associate in the London Corporate M&A practice group of Gibson Dunn. Mr. Madhani’s practice focuses on general corporate and corporate finance transactions, including domestic and international mergers and acquisitions, joint ventures, private equity, venture capital and equity capital markets transactions.

Mitasha Chandok: A senior corporate associate in the Oil and Gas practice group. Ms. Chandok’s experience includes cross-border mergers and acquisitions, joint ventures and project development, routinely advising clients in the energy, natural resources and related infrastructure sectors.

Patrick Doris: A partner in the Disputes Resolution practice group of Gibson Dunn. Mr. Doris’ practice covers a wide range of disputes, including white-collar crime, internal and regulatory investigations, contentious antitrust matters, multi-jurisdictional commercial litigation, administrative law challenges against governmental decision-making before the UK and EU courts, public international law and commercial human rights law matters.

As oil and gas companies enter the first quarterly reporting cycle in the current industry downturn, please join members of Gibson Dunn’s Securities Regulation and Corporate Governance, Capital Markets, Business Restructuring and Oil and Gas Practice Groups as they provide both practical advice and information about the latest legal developments. Specifically, the panelists discuss:

Disclosure considerations for your first quarter earnings release and Form 10-Q
Navigating securities laws and good governance during a crisis
Planning for hostile bids, shareholder activism and related defenses
Fulfilling fiduciary duties in the challenging environment

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PANELISTS:

Hillary H. Holmes is a partner in the Houston office of Gibson, Dunn & Crutcher, Co-Chair of the firm’s Capital Markets practice group, and a member of the firm’s Securities Regulation and Corporate Governance, Oil and Gas, M&A and Private Equity practice groups. Ms. Holmes advises companies in all sectors of the energy industry on long-term and strategic capital planning, disclosure and reporting obligations under U.S. federal securities laws and corporate governance issues. She represents issuers, underwriters, MLPs, private investors, management teams and private equity firms in all forms of capital markets transactions. She also advises boards of directors, special committees and financial advisors in transactions and situations involving complex issues and conflicts of interest.

James J. Moloney is a partner in the Orange County office of Gibson Dunn and serves as Co-Chair of the firm’s Securities Regulation and Corporate Governance Practice Group. His practice focuses primarily on securities offerings, mergers & acquisitions, friendly and hostile tender offers, proxy contests, going-private transactions and other corporate matters. Mr. Moloney was with the SEC in Washington, D.C. for six years before joining Gibson Dunn. He served his last three years at the Commission as Special Counsel in the Office of Mergers & Acquisitions in the Division of Corporation Finance. In addition to reviewing merger transactions, Mr. Moloney was the principal draftsman of Regulation M-A, the comprehensive set of rules relating to takeovers and shareholder communications. He advises a wide range of public companies on reporting and other obligations under the securities laws, the establishment of corporate compliance programs, and continued compliance with corporate governance standards under the securities laws and stock exchange rules.

Ronald Mueller is a partner in the Washington, D.C. office of Gibson Dunn and a founding member of the firm’s Securities Regulation and Corporate Governance practice group. He advises public companies on a broad range of SEC disclosure and regulatory matters, executive and equity-based compensation issues, and corporate governance and compliance issues and practices. He advises some of the largest U.S. public companies on SEC reporting, proxy disclosures and proxy contests, shareholder engagement and shareholder proposals, and insider trading and Section 16 reporting and compliance. He also advises on many corporate governance matters, including governing documents for companies, boards, and board committees, such as bylaws and committee charters, director independence and related party transaction issues, and corporate social responsibility.

Michael A. Rosenthal is a partner in the New York office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. Mr. Rosenthal has extensive experience in reorganizing distressed businesses and related corporate reorganization and debt restructuring matters. He has represented complex, financially distressed companies, both in out-of-court restructurings and in pre-packaged, pre-negotiated and freefall chapter 11 cases, acquirors of distressed assets and investors in distressed businesses. Mr. Rosenthal’s representations have spanned a variety of business sectors, including investment banking, private equity, energy, retail, shipping, manufacturing, real estate, engineering, construction, medical, airlines, media, telecommunications and banking.

Gerry Spedale is a partner in the Houston office of Gibson, Dunn & Crutcher. He has a broad corporate practice, advising on mergers and acquisitions, joint ventures, capital markets transactions and corporate governance. He has extensive experience advising public companies, private companies, investment banks and private equity groups actively engaging or investing in the energy industry. His over 20 years of experience covers a broad range of the energy industry, including upstream, midstream, downstream, oilfield services and utilities.

MCLE 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 0.75 hour.

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.

In this webinar we will cover:

the pandemic’s effect on UK insolvency law, with a focus on wrongful trading and proposed restructuring law reform
the pandemic’s effect on financial regulation, including the adjusted expectations of FCA and PRA
an overview of the UK’s fiscal response to COVID-19

PANELISTS:

Gregory Campbell: An English, Irish and New York qualified Gibson Dunn partner. Focuses on advising borrowers, sponsors, lenders, creditors and investors in cross-border financings, restructurings and special-situations transactions.

Panayiota Burquier: A senior associate in the London Tax practice group of Gibson Dunn. Ms. Burquier’s practice focuses on tax aspects of corporate, finance and real estate industry-based transactions and clients.

Martin Coombes: An associate in the Financial Institutions practice group of Gibson Dunn. Advises on a wide range of financial services and compliance issues including advice on UK and EU regulatory developments, the regulatory aspects of corporate transactions and the on-going compliance obligations of financial services firms.

In this webinar we will cover:

Recent competition and consumer law developments, including changes to antitrust, merger control and consumer protection policy
Business support measures announced by the UK Government, with a focus on the Coronavirus Business Interruption Loan Scheme for small and large businesses and the Coronavirus Corporate Finance Facility
The potential triggering of force majeure clauses and related doctrines in commercial agreements governed by English law

PANELISTS:

Matt Aleksic: An associate in the Litigation and International Arbitration groups of Gibson Dunn. Experience in a wide range of disputes, including commercial litigation, international arbitration and investigations

Deirdre Taylor: A partner in Gibson Dunn’s Antitrust and Competition Group. Experience in a full range of antitrust issues, including cartel investigations, merger control, and abuse of dominance.

Amar K. Madhani: A senior associate in Gibson Dunn’s Corporate team. Focuses on general corporate and corporate finance transactions, including domestic and international mergers and acquisitions, joint ventures, private equity, venture capital and equity capital markets transactions.

Piers Plumptre: An associate in Gibson Dunn’s Dispute Resolution and International Arbitration Groups. Experience in international arbitration, complex commercial litigation, financial services disputes, regulatory investigations, and international fraud and white collar crime.

In our first webinar of the series we will cover:

The Government’s use of the law to face down the pandemic, including the use of powers under the Public Health (Control of Disease) Act and the new Coronavirus Act
The impact of the pandemic on the administration of justice, as well as implications for arbitration cases, and what this means for new and pending disputes
The changes to workplaces, including the Chancellor’s support measures for businesses, and the rights and obligations of employers and employees

PANELISTS:

Matt Aleksic: An Associate in the Litigation and International Arbitration groups of Gibson Dunn. Experience in a wide range of disputes, including commercial litigation, international arbitration and investigations

Sarika Rabheru: An Associate in Gibson Dunn’s Employment team. Specializes in employment

Steve Melrose: An Associate in the Litigation and White Collar Crime groups of Gibson Dunn. Focuses on public law issues, domestic and cross-border corporate investigations, regulatory investigations and white-collar criminal matters

Shareholder lawsuits are not only complicated to litigate, but due to the high financial stakes, these actions can be among the most threatening to a company and its directors and officers. It has been twenty-five years since Congress enacted the Private Securities Litigation Reform Act of 1995, and since that time, private actions under the federal securities laws have continued to be filed at a steady pace. Over the last decade, the U.S. Supreme Court and the State Supreme Courts have issued multiple decisions impacting the way shareholder actions are litigated and decided. This one-hour briefing highlights recent developments and trends in this constantly evolving and complex area of the law.

Faculty discuss:

Shareholder actions filing and settlement trends
Discussion of scheme liability claims following the U.S. Supreme Court’s ruling in Lorenzo v. SEC (2019)
Update on trends in 1933 Act litigation in state courts in the wake of the Supreme Court’s ruling in Cyan v. Beaver County Employees Retirement Fund (2018), including various state courts’ rulings on such threshold questions as:
- application of the PSLRA’s automatic stay of discovery pending resolution of a motion to dismiss
- motions to stay state court actions in favor of parallel federal proceedings concerning the same issuer
- the pleading standards applicable to 1933 Act claims in state courts

View Slides (PDF)

PANELISTS:

Jennifer L. Conn is a partner in the New York office of Gibson, Dunn & Crutcher. Ms. Conn is a co-editor of PLI’s Securities Litigation: A Practitioner’s Guide, Second Edition. She has extensive experience in a wide range of complex commercial litigation matters, including those involving securities, financial services, accounting malpractice, antitrust, contracts, insurance and information technology. She is also a member of Gibson Dunn’s General Commercial Litigation, Securities Litigation, Appellate, and Privacy, Cybersecurity and Consumer Protection Practice Groups.

Alexander K. Mircheff is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. Mr. Mircheff is a co-author of PLI’s Securities Litigation: A Practitioner’s Guide, Second Edition. His practice emphasizes securities and appellate litigation, and he has substantial experience representing issuers, officers, directors, and underwriters in class action and shareholder derivative matters. Mr. Mircheff has handled matters across a variety of industries, including biotech, financial services, accounting, real estate, entertainment, engineering, manufacturing, and consumer products. He is also a member of Gibson Dunn’s Securities Litigation, Appellate, Class Actions, Labor and Employment and Litigation Practice Groups.

Robert F. Serio is a partner in the New York office of Gibson, Dunn & Crutcher and a Co-Chair of Gibson Dunn’s Securities Litigation Practice Group. Mr. Serio is also a co-editor of PLI’s Securities Litigation: A Practitioner’s Guide, Second Edition. His practice involves complex commercial and business litigation, with an emphasis on securities class actions, shareholder derivative litigation, SEC enforcement matters and corporate investigations. He is also a member of the Appellate, Class Actions, FCPA, and White Collar Defense and Investigations Practice Groups.

Please join our panel as they discuss current developments in capital markets in the oil and gas industry. Specifically, the panelists will provide insights, updates and practical guidance regarding market conditions, preferred equity, high-yield bonds, and SPACs. They also explore developing approaches to raising capital in the industry such as rights offerings and direct listings.

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PANELISTS:

Michael Casey is a Partner and Managing Director in the Houston office of Goldman Sachs & Co. He has over 20 years of energy investment banking experience and has advised on a variety of capital raising and strategic transactions. Michael has broad capital raising and financing experience across equity and debt markets, both public and private, as well as joint ventures and private equity investments. In addition to his financing transaction experience, Michael has significant experience in M&A, having advised on numerous public company mergers, as well as advising both sellers and buyers on private company and asset transactions.

Hillary H. Holmes is a partner in the Houston office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s Capital Markets practice group. Ms. Holmes advises companies in all sectors of the energy industry on long-term and strategic capital planning, disclosure and reporting obligations under U.S. federal securities laws, corporate governance and M&A transactions. She represents issuers, underwriters, MLPs, financial advisors, private investors, management teams and private equity firms in all forms of capital markets transactions. Her experience comprises IPOs, registered offerings of debt and equity securities, private placements of debt and equity securities, structured preferred equity, joint ventures and private equity investments. She frequently advises boards of directors, special committees, and financial advisors in M&A transactions involving conflicts of interest or unique complexities.

Doug Rayburn is a partner in the Dallas and Houston offices of Gibson, Dunn & Crutcher. His principal areas of concentration are securities offerings, mergers and acquisitions and general corporate matters. He has represented issuers and underwriters in over 200 public offerings and private placements, including initial public offerings, high yield offerings, investment grade and convertible note offerings, offerings by MLPs, and offerings of preferred and hybrid securities. Additionally, Mr. Rayburn represents purchasers and sellers in connection with mergers and acquisitions involving both public and private companies, including private equity investments and joint ventures. His practice also encompasses corporate governance and other general corporate concerns.

Over the past several years, antitrust enforcers around the world have sharpened their focus on employers’ use of no-poach and non-compete agreements. In the United States, since the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued guidance in 2016 for human resource professionals regarding the application of the federal antitrust laws in this area, the DOJ has emphasized that it has opened investigations into the use of no-poach agreements and clarified its positions, most recently arguing in various Statements of Interest for how the antitrust laws should be applied in this area. State Attorneys General have also opened investigations into the use of no-poach and non-compete agreements, and Attorneys General have offered interpretations of how state competition laws affect these types of agreements. Private civil class actions based on these types of agreements continue to be filed against employers across diverse industries, including franchise companies, railways, and hospitals. In Asia, enforcement of anti-competitive hiring practices is gaining momentum, with regulators in Hong Kong and Japan issuing detailed guidelines on competition law considerations for human resources personnel.

Join Gibson Dunn for a one-hour discussion of these developments.

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PANELISTS:

Rachel S. Brass is a partner in the San Francisco office where her practice focuses on antitrust and competition law and employment class action litigation. Since the DOJ and FTC issued their Antitrust Guidance for HR Professionals in October 2016, and put HR and employment related conduct in the antitrust crosshairs, Rachel has counseled companies on this antitrust/employment interface, as well as companies in state and federal investigations, and class action litigation. She spoke on these issues recently at the U.S. DOJ’s Public Workshop on Competition in Labor Markets. In addition, Rachel has special broad experience in international competition matters and teaches an upper-level course in International Antitrust Law at Berkeley Law School.

Kristen Limarzi is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where her practice focuses on investigations, litigation, and counseling on antitrust merger and conduct matters, as well as appellate and civil litigation. Ms. Limarzi previously served as the Chief of the Appellate Section of the U.S. Department of Justice’s Antitrust Division, where she helped to develop the DOJ and FTC’s Antitrust Guidance for HR Professionals and oversaw the filing of statements of interests by the United States in private suits challenging no-poach arrangements. In addition, she recently participated in the FTC’s Public Workshop on Non-Compete Clauses in the Workplace.

Sébastien Evrard is a partner in the Hong Kong office of Gibson, Dunn & Crutcher, where he is a member of the firm’s Antitrust and Competition Practice Group. Based in Asia since 2010, Mr. Evrard handles complex antitrust matters throughout Asia, including merger control, non-merger investigations, and litigation. His practice also focuses on the antitrust aspects of intellectual property rights. Mr. Evrard’s experience spans a wide range of industries including aviation/shipping, banking, energy/mining, media/entertainment, software/hardware, telecommunications, pharmaceuticals, automotive, and fast moving consumer goods. He has represented clients before multiple regulators in Asia and Europe, and has litigated cases in multiple jurisdictions. He speaks English, French and Dutch.

Matthew Parrott is an associate in the Orange County Office of Gibson Dunn and a member of the firm’s Antitrust and Trade Regulation Practice Group where his practice focuses primarily on antitrust and competition litigation and counseling. In recent years, Mr. Parrott has represented and counseled clients on antitrust issues related to no-poach provisions in various settings. He also represents clients in criminal and civil antitrust litigations and investigations, class actions, alternative dispute resolution proceedings, and appeals. Mr. Parrott is experienced in all phases of litigation—from drafting and responding to pleadings to conducting trials and appeals.

MCLE INFORMATION:

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.

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.

German criminal law so far does not provide for corporate criminal liability. Corporations can only be fined under the law on administrative offenses, and the government has discretion to impose such fines.

In August 2019, the German Federal Ministry of Justice and Consumer Protection circulated a legislative draft of the Corporate Sanctions Act which would introduce a hybrid system. The main changes to the current legal situation would eliminate the prosecutorial discretion in initiating proceedings, tighten the sentencing framework and formally incentivize the implementation of compliance measures and internal investigations.

Join our team of white collar experts to find out what companies will have to expect in the future when it comes to corporate crimes.

Topics covered:

Farewell to discretion – Mandatory prosecution of corporate crimes
New sentencing framework – Imposing harsher sanctions
Legal incentives for compliance, internal investigations and cooperation
Statutory requirements for internal investigations
Protecting documents against seizure

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PANELISTS:

Finn Zeidler is a partner in the Frankfurt office and a member of the firm’s White Collar Defense and Investigations and Litigation Groups. Mr. Zeidler focuses his litigation practice on white collar defense, regulatory investigations and compliance matters that often have cross-border elements, as well as corporate and commercial litigation and arbitration, with an emphasis on securities and post-M&A disputes. He has significant experience in the banking and finance industry.

Ralf van Ermingen-Marbach is of counsel in the Munich office and a member of the firm’s White Collar Defense and Investigations Practice. Mr. van Ermingen-Marbach focuses his practice on internal investigations and the representation of corporations and individuals facing charges of criminal conduct. He has a decade-long experience as a prosecutor and has profound expertise in representing companies from the technology, banking, energy and health care industries, as well as funds and high-profile individuals.

The subject of monopoly remains in the news almost every day but the law of monopolization is not just for companies in the headlines. Join us for another installment in our ongoing look at Sherman Act Section 2 monopolization law. Our topic for this panel is unilateral (single-firm) pricing practices, including low (or zero) prices, “high” prices, package prices and the definition of “price” and “pricing practices.” Our speakers will draw on extensive experience in dealing with antitrust enforcers and in litigating Section 2 issues in the trial and appellate courts.

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PANELISTS:

Daniel G. Swanson serves as Co-Chair of Gibson Dunn’s Antitrust and Competition Practice Group and of the Antitrust Section of the International Bar Association. He is a trial and appellate litigator who holds a Ph.D. in economics from Harvard University. Mr. Swanson has litigated dozens of Sherman Act Section 2 monopolization and dominance cases based on a wide range of alleged conduct (e.g., exclusive dealing, refusals to deal, tying and bundling), including the successful defense of predatory pricing charges brought by the Department of Justice in United States v. AMR Corp. His practice has a strong focus on the technology sector, network industries, digital platforms, and media and entertainment businesses and he regularly handles antitrust matters involving intellectual property rights. Chambers USA gives Mr. Swanson a “Band 1” ranking and has reported that he “has a vast amount of antitrust expertise,” is “a highly regarded trial lawyer with a wealth of experience” and is “a ‘tough opponent’ in civil and criminal litigation.”

Cynthia (“Cindy”) Richman is Co-Partner-in-Charge of the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department and is a member of the firm’s Antitrust and Competition Practice Group. Ms. Richman has been repeatedly recognized by her peers for inclusion in The Best Lawyers in America© in the field of Litigation: Antitrust and U.S. Legal 500 has identified her as a “Next Generation Lawyer” in the areas of merger control, cartels and civil litigation/class action defense. In 2019, she was recognized by Benchmark Litigation as a “Future Litigation Star” in Washington, D.C. She was also recognized in 2016 by Law360 as a Rising Star in the Competition category. Ms. Richman has experience handling a wide variety of antitrust matters in a broad range of industries. Her practice includes defending companies before state and federal courts, including appellate courts, in matters alleging a range of antitrust-based claims, such as price-fixing, tying, bundling, exclusive dealing, predatory pricing and other single-firm conduct theories.

Caeli A. Higney is a senior associate in the San Francisco office of Gibson, Dunn & Crutcher. She currently practices in the firm’s Litigation Department and is a member of the firm’s Antitrust and Competition Practice Group. Ms. Higney has represented companies before appellate and trial courts in matters alleging a range of antitrust-based claims, including allegations of monopolization and attempted monopolization, tying, bundling, exclusive dealing, refusal to deal, as well as price-fixing claims. For example, Ms. Higney was part of a team that defended a major consumer electronics company in a multi-week antitrust trial against conspiracy claims brought by the U.S. Department of Justice. Ms. Higney successfully obtained dismissal of conspiracy to monopolize and attempted monopolization claims against a major retailer.

Daniel P. O’Brien is a Senior Consultant at Compass Lexecon and former Senior Economic Policy Adviser and Deputy Director of the Federal Trade Commission’s Bureau of Economics, and former Chief of the Economic Regulatory Section at the Department of Justice’s Antitrust Division. While at the FTC, he oversaw the economic analysis in all of the agency’s antitrust investigations. He has led investigations across a wide range of industries, including mobile telephone and internet services, car rental services, retail products manufacturing and distribution, software, futures exchanges, banking, wholesale distribution, aerospace, pharmaceuticals, broadcast television, cable and satellite television programming and distribution, academic journals, aluminum manufacturing, and telecommunications, among others. Currently, Dr. O’Brien is working on research regarding conditional pricing practices (share-based discounts, exclusive dealing, and tying and bundling), common ownership by institutional investors, and the economics of privacy and disclosure, all topics motivated by his work at the antitrust agencies and consulting. Dr. O’Brien presents his antitrust research at various conferences and universities around the world.

Join our distinguished panelists as they discuss significant 2019 developments in areas including antitrust, corporate governance, data privacy and cybersecurity, international trade, money laundering, securities fraud, and white collar defense and investigations. Our panelists also will suggest strategies for identifying key compliance risks and building a strong compliance program as we move into the new decade.

Topics to be discussed include:

Global Enforcement and Regulatory Developments
Key Tips for Identifying and Addressing Top Areas of Compliance Risk
Practical Recommendations for Improving Corporate Compliance
DOJ and SEC Priorities, Policies, and Penalties
Update on Key Governance Issues and Regulatory Requirements

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Listen to Audio (MP3) – Audio file is available for download and replay at your convenience, without MCLE credit.

PANELISTS:

Zainab Ahmad, a partner in New York, joined the firm after serving as Senior Assistant Special Counsel in Special Counsel Robert S. Mueller’s Office. She was previously Deputy Chief of the National Security and Cybercrime section at the U.S. Attorney’s Office in the Eastern District of New York. Ms. Ahmad is a decorated former prosecutor who has received both of DOJ’s highest honors, the Attorney General’s Award and the FBI Director’s Award, and whose work prosecuting terrorists was profiled by The New Yorker magazine. Her practice focuses on white collar defense and investigations, including corruption, anti-money laundering, sanctions and FCPA issues. She also advises clients regarding data privacy and cybersecurity matters. Her practice is international and focuses on cross-border issues; she is fluent in Urdu and Hindi.

Stuart Delery, a partner in Washington, D.C., was the Acting Associate Attorney General, the No. 3 position in the Justice Department, where he oversaw the civil and criminal work of five litigating divisions — Antitrust, Civil, Tax, Civil Rights, and Environment and Natural Resources — as well as other components. His practice focuses on representing corporations and individuals in high-stakes litigation and investigations that involve the federal government across the spectrum of regulatory litigation and enforcement.

Michelle Kirschner, an English law partner in London, focuses her practice on advising a broad range of financial institutions on regulatory matters. She has extensive experience advising clients on systems and controls, market abuse, conduct of business and regulatory change management. She has also conducted internal investigations, in particular reviews of corporate governance and systems and controls in the context of EU and UK regulatory requirements and expectations.

Adam M. Smith, a partner in Washington, D.C., was the Senior Advisor to the Director of the U.S. Treasury Department’s OFAC and the Director for Multilateral Affairs on the National Security Council. His practice focuses on international trade compliance and white collar investigations, including with respect to federal and state economic sanctions enforcement, the FCPA, embargoes, and export controls. He routinely advises multi-national corporations regarding regulatory aspects of international business.

Lori Zyskowski, a partner in New York, is Co-Chair of the firm’s Securities Regulation and Corporate Governance practice. She was previously Executive Counsel, Corporate, Securities & Finance at GE. She advises clients, including public companies and their boards of directors, on a wide variety of corporate governance and securities disclosure issues, and provides a unique perspective gained from over 12 years working in-house at S&P 500 corporations.

Moderator:

F. Joseph Warin, a partner in Washington, D.C., is Co-Chair of the firm’s White Collar Defense and Investigations practice and former Assistant U.S. Attorney in Washington, D.C. Mr. Warin is consistently recognized annually in the top-tier by Chambers USA, Chambers Global, and Chambers Latin America for his FCPA, fraud and corporate investigations acumen. In 2018 Mr. Warin was selected by Chambers USA as a “Star” in FCPA, and “a “Leading Lawyer” in the nation in Securities Regulation: Enforcement. Global Investigations Review reported that Mr. Warin has now advised on more FCPA resolutions than any other lawyer since 2008. Who’s Who Legal and Global Investigations Review named Mr. Warin to their 2016 list of World’s Ten-Most Highly Regarded Investigations Lawyers based on a survey of clients and peers, noting that he was one of the “most highly nominated practitioners,” and a “’favourite’ of audit and special committees of public companies.” 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).