Webcasts Archives

Join our panelists from Gibson Dunn’s Environmental Litigation and Mass Tort practice group and Environment, Social, and Governance (ESG) practice area as they discuss significant developments in federal and California environmental law and forecast what to expect for 2023. This webcast covers a range of topics of significant interest to regulated industries, including ongoing and anticipated rulemakings, federal enforcement targets and initiatives, recent developments with Supplemental Environment Projects, the evolving ESG landscape, the latest environmental mass tort developments, and more.

PANELISTS:

David Fotouhi is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and is a member of the firm’s Environmental Litigation and Mass Tort practice group. Mr. Fotouhi joined the firm after nearly four years at the U.S. Environmental Protection Agency (EPA), where he served as Acting General Counsel, Principal Deputy General Counsel, and Deputy General Counsel. National Law Journal recognized Mr. Fotouhi as a “Trailblazer” in environmental and energy law, and Law360 named Mr. Fotouhi a “Rising Star” in environmental law for his work “on game-changing regulations and litigation.”

Abbey Hudson is a partner in Gibson Dunn’s Los Angeles office. Her practice focuses on environmental matters and complex trial litigation. She devotes a significant portion of her time to helping clients navigate environmental and emerging regulations and related governmental investigations. Ms. Hudson has handled all aspects of environmental and mass tort litigation and regulatory compliance. She has provided counseling and advice on environmental and regulatory compliance to clients on a wide range of issues, including supply chain transparency requirements, comments on pending regulatory developments, and enforcement counseling.

Rachel Levick is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department and is a member of the Environmental Litigation and Mass Tort Practice Group. Ms. Levick has represented clients in a wide range of federal and state litigation, agency enforcement actions, cost recovery cases, and administrative rulemaking challenges. She was named by Best Lawyers as “One to Watch” in Environmental Litigation for 2022 and 2023.

Michael Murphy is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He is a leader of the firm’s Environmental, Social and Governance (ESG) practice area, and is a member of the firm’s Environmental Litigation and Mass Tort and Administrative Law and Regulatory Practice Groups. Mr. Murphy counsels clients on environmental and ESG issues related to corporate transactions and compliance. He also represents clients in a wide variety of investigation and litigation matters. Mr. Murphy was previously recognized by Law360 as one of its ‘Rising Star’ environmental attorneys under 40 to watch. Law360 named Gibson Dunn one of its five Environmental Groups of the Year for its high-profile victories in 2018.

Deena Klaber is of counsel in the San Francisco office of Gibson, Dunn & Crutcher. She practices in the firm’s Litigation Department, where she focuses on environmental and mass tort litigation, complex civil/business litigation, and administrative and regulatory law. She represents clients across numerous industries and has significant experience in the energy and health care sectors. Ms. Klaber is a member of the firm’s Ethics Committee, and she served on the firm’s Hiring Committee from 2015 to 2022. Ms. Klaber has litigated a broad range of matters in state and federal courts throughout California and across the country.

Joseph Edmonds is an associate in the Orange County office of Gibson, Dunn & Crutcher where he is a member of the firm’s Litigation Practice Group. Mr. Edmonds’ practice focuses on complex litigation at both the trial and appellate levels, with a special emphasis on mass torts, environmental litigation, product liability, and transnational litigation.

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 1.0 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, Virginia, Texas and Washington State Bars.

The Fifth Circuit recently has been at the forefront of dramatic changes to administrative law. In the last year alone, the court has issued landmark rulings holding that SEC administrative proceedings require a jury, that the funding structure of the CFPB is unconstitutional, and that a federal law regulating horseracing violates the private nondelegation doctrine. And the court issued other significant decisions affecting the business community in the areas of arbitration, bankruptcy, class action, and constitutional law. Three Gibson Dunn partners—a former Fifth Circuit judge; a co-chair of the firm’s administrative and regulatory practice; and a Texas appellate partner who clerked on the Fifth Circuit—discuss these developments, their impact on industry, and what this means for clients’ future litigation strategy.

PANELISTS:

Gregg Costa is a partner in the Houston office of Gibson, Dunn & Crutcher and co-chair of the firm’s Global Trial Practice Group. Mr. Costa previously served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022, following his nomination by President Obama and confirmation by the U.S. Senate with a vote of 97-0. His broad experience—having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge—allows him to offer invaluable skills and strategic insights.

Helgi Walker is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. She is Co-Chair of the firm’s global Litigation Practice Group and a member of the firm’s Executive Committee. She is also Co-Chair of the Administrative Law and Regulatory Practice Group and a member of the Appellate and Constitutional Law Group. Ms. Walker’s work focuses on appellate, regulatory and complex litigation matters. She has extensive experience in appellate challenges to agency rulemakings and in other high-stakes commercial litigation.

Brad Hubbard is a partner in the Dallas office of Gibson, Dunn & Crutcher. He is a member of the firm’s Appellate and Constitutional Law Practice Group. He has represented clients in their most complex, high-stakes, time-sensitive matters before the U.S. Supreme Court, the Texas Supreme Court, and state and federal courts of appeals throughout the country. Mr. Hubbard has also helped clients preserve significant wins in the U.S. Supreme Court, the Texas Supreme Court, and the Fifth, Sixth, and Seventh Circuits.

MCLE CREDIT INFORMATION:

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.

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.

SEC Update

Recently adopted and proposed rules and comment letter trends.

PANELISTS:

Mike Titera is a partner in the Orange County office of Gibson, Dunn & Crutcher and a member of the Firm’s Securities Regulation and Corporate Governance Practice Group. His practice focuses on advising public companies regarding securities disclosure and compliance matters, financial reporting, and corporate governance. Mr. Titera often advises clients on accounting and auditing matters and the use of non-GAAP financial measures. He also has represented clients in investigations conducted by the Securities and Exchange Commission and the Financial Industry Regulatory Authority. Mr. Titera’s clients range from large-cap companies with global operations to small-cap companies in the pre-revenue phase. His clients operate in a range of sectors, including the retail, technology, pharmaceutical, hospitality, and financial services sectors.

Stephen W. Fackler is a partner in the Firm’s Palo Alto and New York offices and Co-Chair of Gibson Dunn’s Executive Compensation and Employee Benefits Practice Group. Mr. Fackler has extensive experience nationwide advising public and private companies, private equity funds and boards of directors on compensation and benefits matters. He also regularly advises senior executives on their employment and severance arrangements, and directors in connection with compensation and indemnification arrangements. Mr. Fackler serves as Chair of the Certification Council for the Certified Equity Professional Institute, the leading certification program in the United States for stock plan professionals. He also serves as outside counsel for the Global Equity Organization, the leading international trade association for stock plan professionals.

Daniela L. Stolman is a partner in Gibson Dunn’s Century City office and a member of the firm’s Private Equity, Mergers and Acquisitions, Capital Markets and Securities Regulation and Corporate Governance practice groups. She advises companies and private equity firms across a wide range of industries, focusing on public and private merger transactions, stock and asset sales, and public and private capital-raising transactions. Ms. Stolman also advises public companies with respect to securities regulation and corporate governance matters, including periodic reporting and disclosure matters, Section 16, Rule 144, and insider trading. Ms. Stolman has been named as a “Rising Star” by Southern California Super Lawyers since 2014. The Deal also named her as a “Rising Star,” which recognizes new M&A partners who are ‘deemed by The Deal to be one of the most promising of 2019.’ She was named a 2019 “Rising Star” by Law360 for private equity. The list recognizes “attorneys under 40 whose legal accomplishments transcend their age.”

Victor Twu is an associate in the Orange County office of Gibson, Dunn & Crutcher, where he currently practices in the firm’s Corporate Department. His practice is focused on securities regulation and corporate governance (including matters relating to ESG and sustainability, investor engagement, shareholder activism) and other general corporate matters. Mr. Twu has assisted clients of all sizes, ranging from pre-IPO companies to large-cap companies with global operations. His clients operate in a variety of sectors, including retail, technology, and life sciences. Mr. Twu earned his J.D. from the University of California, Berkeley, School of Law in 2016, where he served as a member of the Asian American Law Journal and the Berkeley Journal of Entertainment & Sports Law.

Florentino Salazar is an associate in the Los Angeles 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 practice focuses on all aspects of executive compensation and employee benefits. Mr. Salazar’s practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans and executive employment and severance arrangements. Prior to joining Gibson, Dunn & Crutcher, Mr. Salazar was a corporate associate in the Executive Compensation Group at Davis Polk & Wardwell in New York. Mr. Salazar received his law degree from Columbia Law School in 2013 where he was a Harlan Fiske Stone Scholar and served as Executive Editor of the Columbia Human Rights Law Review. He earned a Master of Arts in Special Education from Loyola Marymount University in 2010 and a Bachelor of Arts from Yale University in 2008.

Attorney-Client Privilege for in House Counsel: Ethical and Practical Considerations

Attorney-Client Privilege for in House Counsel: Ethical and Practical Considerations will address the intersection of attorney ethics and the attorney-client privilege and work product doctrines, with particular focus on how they apply to the day-to-day work of in-house counsel, including advising internal business partners, conducting internal investigations, and working with auditors and outside consultants.

PANELISTS:

Diana M. Feinstein is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. She is a member of the firm’s Securities Litigation and White Collar Defense and Investigations Practice Groups. Ms. Feinstein’s practice focuses on complex litigation, including securities litigation and high-value commercial litigation. She also focuses on white collar defense and investigations. She has handled matters across a variety of industries, including financial services, technology, entertainment, insurance, healthcare, transportation, real estate, manufacturing, and consumer products. Ms. Feinstein has represented clients in state and federal courts and before arbitration panels in a variety of matters across the United States in cases involving breach of contract, shareholder disputes, breach of fiduciary duty claims, fraud claims, securities law violations, employment disputes and other matters. She is highly experienced in business cases involving large teams of lawyers, often litigating in multiple fora, and frequently with the added complication of government investigations or enforcement actions.

Joseph R. Rose is a partner elect in the San Francisco office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation, Labor and Employment, Class Actions, Antitrust and Competition, and Law Firm Defense Practice Groups. Mr. Rose’s practice focuses on complex commercial litigation, high-stakes employment disputes, class actions, antitrust matters, and law firm defense. He has experience at all stages of litigation, including obtaining key victories at trial and winning pivotal motions to dismiss and to defeat class certification. Mr. Rose also regularly guides clients through internal investigations, and has achieved favorable resolution of state and federal government and regulatory inquiries on behalf of technology companies, financial institutions, healthcare organizations, and manufacturers.

Casey J. McCracken is a partner elect in the Orange County office of Gibson, Dunn & Crutcher LLP and a member of the Litigation and Intellectual Property practice groups. His practice focuses on complex commercial litigation, with a focus on technology litigation, including patent litigation, software copyright, contract disputes, and licensing. Casey has successfully represented clients in numerous high-stakes intellectual property cases and several trials, including “bet the company” cases and cases alleging damages over $1 billion. His work spans a variety of technologies, including cellular network technology, software, digital devices, smartphones, medical devices, and mechanical apparatuses. Casey also has substantial experience litigating business contract and tort claims that often accompany patent and copyright infringement suits, including breach of contract, false advertising, unfair competition, and interference. Additionally, he has also represented technology companies and their directors in class actions, including, data privacy, employment discrimination and breach of fiduciary duty cases.

Navigating Through Changing Business / Economic Cycles

Members of Gibson Dunn’s Business Restructuring and Reorganization Group will address legal and ethical issues that are triggered when companies are in financial distress. This includes an in-depth discussion of specific issues with respect to fiduciary duties that directors and shareholders should consider when a company is facing financial trouble or insolvency. In addition, the presentation will analyze how contractual relationships with companies in distress may be impacted by actual or threatened bankruptcy proceedings, and how companies can best protect themselves in the event a key customer or other relationship party files for chapter 11.

PANELISTS:

Robert A. Klyman is a partner in the Los Angeles office of Gibson, Dunn & Crutcher and Co-Chair of Gibson Dunn’s Business Restructuring and Reorganization Practice Group. In his international practice, Mr. Klyman represents companies, lenders, ad hoc groups of secured and unsecured creditors, acquirers and boards of directors in all phases of restructurings and workouts. His experience includes representing lenders and bondholders in complex workouts; advising debtors in connection with traditional, prepackaged and ‘pre-negotiated’ bankruptcies; counseling strategic and financial players who acquire debt or provide financing as a path to take control of companies in bankruptcy; structuring and implementing numerous asset sales through Section 363 of the Bankruptcy Code; and litigating complex bankruptcy and commercial matters arising in chapter 11 cases, both at trial and on appeal.

Michael Neumeister is a partner in the Los Angeles office of Gibson, Dunn & Crutcher. He is a member of the Business Restructuring & Reorganization Group and the Corporate Department. Mr. Neumeister has a wide array of experience in representing clients in bankruptcy and restructuring matters in many different industries. His representations have included representing debtors and lenders in in-court and out-of-court restructurings, and buyers in large and small bankruptcy sales. Mr. Neumeister also has a broad range of experience litigating bankruptcy and other distressed debt issues in bankruptcy court, state court, and in courts of appeal. Mr. Neumeister is currently a member of the Financial Lawyers Conference, the American Bankruptcy Institute, Turnaround Management Association, and the Los Angeles County Bar Association.

Matthew G. Bouslog is of counsel in the Orange County office of Gibson, Dunn & Crutcher where he practices in the firm’s Business Restructuring and Reorganization Practice Group. Mr. Bouslog specializes in representing companies in complex restructuring matters. Mr. Bouslog has been recognized since 2021 in Best Lawyers: Ones to Watch for his work in (i) Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, (ii) Mergers and Acquisitions Law, and (iii) Real Estate Law. Mr. Bouslog frequently represents debtors, creditors, and other interested parties in out-of-court and in-court restructurings, distressed acquisitions, and bankruptcy-related litigation. A significant number of Mr. Bouslog’s matters have involved cross-border issues. In addition to Mr. Bouslog’s restructuring expertise, he has represented lenders and borrowers in real estate and other finance transactions.

Post-Pandemic Wellness: Attorney Mental Health 101

The Attorney Mental Health 101 course is designed to help legal professionals recognize signs and symptoms of mental health distress and use resources to provide appropriate and confidential support. Participants will be provided with action plans for various mental health distresses to include, depression, anxiety, panic attack, co-morbidity of mental disorders and much more. Additional skills will be taught including empathetic communication/listening skills and appropriate methods for self-care following the application of Mental Health First Aid.

PANELISTS:

Tiaunia N. Henry is a partner in Gibson, Dunn & Crutcher’s Los Angeles office where she is a member of the firm’s Litigation Department with a diverse practice that focuses primarily on complex business litigation, including antitrust, breach of contract and transnational cases. As an experienced litigator and trial attorney, she has represented clients in various industries including the oil and gas, medical device, media and entertainment, semiconductor, paper manufacturing and information technology consulting industries. Ms. Henry has extensive experience representing multinational corporations, both foreign and domestic, in disputes that involve litigation pending in multiple jurisdictions, including the development of legal strategies to avoid inconsistent rulings, preclusion of claims, and/or waiver of defenses in subsequent litigation.

Melanie Gertz is an associate in the San Francisco office of Gibson, Dunn & Crutcher. She currently practices in the firm’s Corporate Department. Ms. Gertz’s practice is focused on capital markets transactions and mergers & acquisitions, and includes representation of clients in connection with corporate governance and Exchange Act reporting matters.

James Keshavarz is the Chief Wellness Officer for Gibson Dunn, and is a Doctor of Psychology candidate, has his MBA in Health Care Management and a MS in Exercise Science and Health Promotion. James is also an appointed American Bar Association Commission on Lawyers Assistant Programs Committee member and the Chair of the Institute for Well-Being in Law Awards Committee. As a student of psychology, James specializes in intrinsic motivation, transformational leadership, and emotional intelligence.Prior to working for Gibson Dunn James was a practicing Exercise Physiologist specializing in injury prevention and performance enhancement. James was also an adjunct instructor of Kinesiology and Health Sciences at Glendale Community College and was awarded the Distinguished Professor Award in 2019.

Serving in the United States Air Force Reserves, James was awarded the Airman of the Year award in 2018 for the work he did to improve resiliency for the 452nd Air Mobility Wing. He was also awarded the Air Force Humanitarian Medal in 2022 for the work he did in response to the COVID-19 pandemic.

Working with Global Wellness Manager Melissa de Carvalho, James has a passion for improving work-life synergy for the legal professionals at Gibson Dunn by implementing benefits and programs that improve mental health and overall well-being.

Qualifications:

Mental Health First Aid Instructor – National Council For Mental Well-being
Master Resilience Trainer – United States Air Force
Injury Prevention & Performance Enhancement Specialist – National Academy of Sports Medicine
Basic Life Support Instructor – American Heart Association

Education:

AS – Healthcare Management – College of the Air Force
BA – History (Pre-Law) – California State University of Los Angeles
MS – Exercise Science and Health Promotion – PennWest California
MBA – Healthcare Management – California Coast University
PsyD – Psychology – University of Arizona (In Progress)

Privacy in 2023: Compliance and Product Counseling in the New Year

We will discuss effective product counseling, particular with respect to privacy considerations. We will first discuss what is privacy compliance and product counseling, how to provide advice, and what to consider. Next, we will dive into the specifics of privacy compliance and product counseling issues for the new year, as multiple new laws come into effect, and litigation waves force new areas of focus. Finally, we will discuss pointers on key issues keeping counsel up at night, including trends on addressing some of the thornier areas of compliance and product development.

PANELISTS:

Cassandra Gaedt-Sheckter is a partner in the Palo Alto office of Gibson, Dunn & Crutcher. She practices in the firm’s Privacy, Cybersecurity and Data Innovation group, with a focus on data privacy, cybersecurity and data regulatory litigation, enforcement, transactional, and counseling representations. Ms. Gaedt-Sheckter has substantial experience advising companies on privacy and cybersecurity issues, including relating to legal and regulatory compliance with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), Children’s Online Privacy Protection Rules (COPPA), and other federal, state, and international laws and regulations. She also has extensive experience counseling on data breach response management and notification concerns, and privacy and cybersecurity compliance risk assessments. Ms. Gaedt-Sheckter further represents clients across industries—including consumer product, software, manufacturing, home appliance service, and healthcare companies—in the context of product and program development, merger and acquisition privacy and cybersecurity due diligence, and pre-litigation negotiation. She has significant experience in all aspects of litigation—particularly relating to privacy, cybersecurity, and patent claims—serving as lead associate on expert and fact discovery and pre-trial hearings and briefing, and participating in multiple bench and jury trials.

Vivek Mohan is a partner in Gibson Dunn’s Palo Alto office, where he is Co-Chair of the Artificial Intelligence and Automated Systems practice and a member of the Privacy, Cybersecurity and Data Innovation practice. Vivek advises clients on legal, regulatory, compliance, and policy issues on a global scale with a focus on cutting-edge technology issues. His practice spans regulatory response, counseling, advocacy, and transactional matters allowing him to provide clients with strategic advice whether they are responding to a regulatory inquiry, setting up a privacy program, responding to a data breach, or selling the company. During his time at Apple, Vivek managed a team of lawyers responsible for privacy counseling for all software, biometric, augmented reality (AR), artificial intelligence/machine learning (AI/ML), and search products, and served as lead counsel for information security.

AAPI Attacks and Moving Beyond

This course will provide a general overview of discrimination and prejudice against Asian American and Pacific Islander (AAPI) communities is not a new phenomenon. Yet the COVID-19 pandemic has brought with it a resurgence in anti-AAPI harassment and hate crimes, and, too, broader attention to a longstanding problem and an updated call to action. This presentation will first outline the magnitude of the problem, both the historical background of racism against AAPI communities and the more recent wave of anti-Asian hate crimes that began in early 2020 and has continued through 2022. We will then examine the various implicit biases that may cause, perpetuate, or fail to combat continued anti-AAPI violence, discuss the Firm’s efforts, in particular the founding of the Alliance of Asian American Justice and the work by Firm attorneys done in coordination with the Alliance, and will conclude by outlining possible paths forward as we continue to combat anti-AAPI hate.

PANELISTS:

Debra Wong Yang is a partner in Gibson, Dunn & Crutcher’s Los Angeles office. Reflective of her broad practice and comprehensive abilities, Ms. Yang is Chair of the Crisis Management Practice Group, former Chair of the White Collar Defense and Investigations Practice Group, which includes the FCPA Practice Group, and former Chair of the Information Technology and Data Privacy Practice Group. She is also a member of the firm’s Executive Committee. Drawing on her depth of experience and record of success, Ms. Yang focuses part of her practice on strategic counseling. She leads critical representations, both high profile and highly confidential, involving a wide variety of industries, economic sectors, regulatory bodies, law enforcement agencies, global jurisdictions and all types of proceedings. Her clients are in the private and public sectors. She guides teams of attorneys and outside consultants in the development and implementation of strategies to achieve the most favorable outcomes, greatest protection of reputational interests, and minimizing of harm to the business assets. Ms. Yang has a strong background in addressing andresolving problems across the white collar litigation spectrum, including through corporate and individual representations, internal investigations, crisis management and compliance.

Robert K. Hur is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, and Co-Chair of the Firm’s Crisis Management Practice Group. A seasoned trial lawyer and advocate, he brings decades of experience in government and in private practice, including service in senior leadership positions with the U.S. Department of Justice, to guide companies and individuals facing white-collar criminal matters, regulatory proceedings and enforcement actions, internal investigations, and related civil litigation. He is also a member of the firm’s White Collar Defense and Investigations Practice Group and the National Security Practice Group. Prior to joining Gibson Dunn, Mr. Hur served as the 48th United States Attorney for the District of Maryland. Presidentially appointed and unanimously confirmed by the United States Senate, he served from 2018 to 2021 as the chief federal law enforcement officer in Maryland, setting strategic priorities for and supervising one of the largest and busiest U.S. Attorney’s Offices in the nation. During his tenure as United States Attorney, the Office handled numerous high-profile matters including those involving national security, cybercrime, public corruption, and financial fraud. In pursuit of sophisticated and impactful cases, Mr. Hur partnered closely with other enforcement agencies including the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Department of Health and Human Services Office of Inspector General, and the Maryland Attorney General’s Office. He also hired dozens of attorneys from diverse backgrounds to bring the Office to its maximum staffing level and as a member of the Attorney General’s Advisory Committee, counseled the Attorney General on matters of policy, procedure, and management.

Poonam Kumar is of counsel in the Los Angeles office of Gibson, Dunn & Crutcher 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.

Cynthia Chen McTernan is an associate in the Los Angeles office of Gibson, Dunn & Crutcher. She is a member of the Firm’s Litigation, Class Actions, and Labor & Employment Practice Groups. Ms. McTernan has represented clients in a wide range of complex litigation and has significant experience in all phases of litigation in both state and federal courts. Ms. McTernan was recognized inThe Best Lawyers in America® 2022 and 2023 “Ones to Watch” in Commercial Litigation. Ms. McTernan serves on the Board of Directors for Cancer Support Community Los Angeles, which provides comprehensive care and support to those impacted by cancer, with a focus on under-resourced communities.

Supreme Court Roundup

This presentation will review statistics and trends from the October 2021 term and preview key cases in the October 2022 term in the fields of intellectual property, constitutional law, voting rights, administrative law, and employment law.

PANELISTS:

Blaine H. Evanson’s practice focuses on complex commercial litigation both in the trial court and on appeal. He is a member of the firm’s Appellate and Constitutional Law, Class Actions, Labor and Employment, and Intellectual Property practice groups. Mr. Evanson has represented clients in a wide variety of appellate matters in the Supreme Court of the United States and federal and state appellate courts around the country. He has briefed several dozen appeals across almost every federal court of appeals and many state appellate courts, and has argued several appeals in the Ninth Circuit and California’s Courts of Appeal. In the trial court, Mr. Evanson has broad commercial litigation experience, particularly with complex motion practice before, during, and after trial.

Lauren Blas is a partner in the Los Angeles office of Gibson, Dunn & Crutcher where her practice focuses on class actions, labor and employment litigation, and complex commercial litigation in the trial courts and on appeal. In 2021, Ms. Blas was recognized as a “Rising Star” by Law360, which recognizes top litigators and dealmakers practicing at a level usually seen from veteran attorneys. She was also recognized by The Best Lawyers in America® 2021 “Ones to Watch” in Labor and Employment and has been named a “Rising Star” in Class Actions/Mass Torts and Appellate Litigation in Southern California by Super Lawyers Magazine for multiple years. Ms. Blas represents clients in class actions in state and federal court and has litigated a wide range of appellate matters as well. She has special expertise in California employment class actions and class actions under California’s consumer protection statutes, including the Unfair Competition Law, the False Advertising Law, and the Consumers Legal Remedies Act.

Elizabeth A. Dooley is a senior associate in the San Francisco office of Gibson, Dunn & Crutcher LLP. Her practice primarily focuses on appellate and employment matters. She is a member of the Firm’s Hiring Committee. Ms. Dooley’s appellate experience includes arguing before the Ninth Circuit Court of Appeals and authoring briefs filed in the United States Supreme Court as well as state and federal appellate courts. Having spent law school and the entirety of her legal career in California, Ms. Dooley has particularly robust experience before the Ninth Circuit and the California Courts of Appeal. From 2013-2014, Ms. Dooley clerked for the Honorable Kim McLane Wardlaw of the Ninth Circuit Court of Appeals and from 2015-2016, Ms. Dooley clerked for Ninth Circuit Judge, Hon. Michele T. Friedland. Ms. Dooley’s labor & employment experience includes extensive motions practice at the trial court level and appellate work in both state and federal courts—including taking matters directly from a successful dispositive motion through defense on appeal. Ms. Dooley’s experience also includes litigating large, complex putative class actions and collective actions in federal courts, including in cases involving alleged discrimination and alleged independent contractor misclassification.

ESG Opportunities & Pitfalls

ESG (Environmental, Social, Governance) is becoming an increasingly important area as consumers and investors are demanding that companies take actions to invest in new ESG technology and initiatives. This presentation will cover drivers for why ESG matters for public companies, how companies should draft disclosures around ESG, and some areas currently seeing increased litigation around ESG topics and tips to try to minimize litigation risk.

PANELISTS:

Perlette Jura is a partner in Gibson Dunn’s Los Angeles and Washington, D.C. offices. Her practice focuses on complex trial and appellate litigation. She co-chairs the firm’s Transnational Litigation Group and its Environmental Social Governance practice. She has played a key role in a number of the firm’s most high-profile transnational, environmental and technology-driven matters. Ms. Jura has extensive experience working with the food and beverage, agricultural, aerospace, automotive, emerging technology and energy industries. In 2021, Lawdragon featured Ms. Jura on their “Global Litigation 500” list and in 2022-2023 named her as one of the “500 Leading Litigators in America”, which recognizes those who specialize in international arbitration, public international law and advise leading corporations. She was recognized by Benchmark Litigation as one of the “Top 250 Women in Litigation” in 2019, 2020, 2021, and 2022. Benchmark Litigation has also featured Ms. Jura as a California “Litigation Star” for 2023. The Los Angeles Business Journal named Ms. Jura to its list of “Most Influential Women Lawyers” in Los Angeles, featuring 50 of the most accomplished female attorneys working in the region. In 2020, BTI Consulting Group honored Ms. Jura a Client Service All-Star, an attorney “who stand[s] above all the others in delivering the absolute best in client service.”

Aaron Briggs is a partner in Gibson Dunn’s San Francisco office and a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Briggs’ practice focuses on advising technology, life sciences and other companies and their boards of directors on a wide range of securities and governance matters, including ESG, corporate governance, SEC disclosure and compliance, shareholder activism, executive compensation, investor communications, disclosure effectiveness and stakeholder engagement matters. Prior to re-joining the firm in 2018, Mr. Briggs served as Executive Counsel – Corporate, Securities & Finance at General Electric.

Emily Riff is an associate in the Denver office of Gibson, Dunn & Crutcher, where she is a member of the firm’s Litigation Department, with a particular focus on class actions and complex civil litigation. Ms. Riff has substantial experience representing clients at the trial and appellate level. In the technology space, she has litigated high-profile matters for clients in a range of cutting-edge cases, including many involving Section 230 of the Communications Decency Act as well as other theories of liability under ever-changing state and federal law. Ms. Riff has also represented companies involving claims related to consumer protection, particularly in high-stakes and multi-jurisdictional class actions, and has developed comprehensive strategies to address novel theories of liability and to leverage the procedural complexities involved in these multi-jurisdictional matters. In addition to litigating these matters, she also provides counseling and advice to clients on a wide range of environmental, social, and governance issues.

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 8.0 credit hours, of which 2.5 credit hours may be applied toward Ethics and Professionalism; 1.0 credit hour may be applied toward Diversity, Inclusion and Elimination of Bias; 1.0 credit hour may be applied toward Cybersecurity-General; and 3.5 credit hours may be applied toward the areas of Professional Practice. These courses are 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 8.0 credit hours, of which 1.0 credit hour may be applied toward the Elimination of Bias requirement, 1.0 credit hour may be applied toward the Competence Issues requirement, 1.5 credit hours may be applied toward the Ethics requirement, and 4.5 credit hours may be applied toward the General requirement.

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 complementary webcast, Gibson Dunn covers what you need to know about the congressional investigations landscape in the 118th Congress, which is scheduled to convene on January 3, 2023. The Gibson team discuss the nuts and bolts of congressional investigations, including committee authorities and witness defenses and how disputes play out in practice. The team drills down on recent legal developments that impact committee authorities and strategic considerations. We also cover new leadership on key committees in the House and Senate and how that leadership will affect investigations in the coming two years. The team then discusses what investigations to expect from the most active investigative committees as well as what investigations have been launched already. Finally, the webcast provides practical guidance to help you prepare for and navigate challenging congressional inquiries.

PANELISTS:

Machalagh Carr is General Counsel for the Office of the Republican Leader at the U.S. House of Representatives. Previously, she served as General Counsel & Parliamentarian for the U.S. House of Representatives Committee on Ways and Means, where she handled all legal and procedural issues for the Committee. Before that, she was the Oversight Staff Director at the Committee where she led the subcommittee in its investigations and oversight of all issues within the Committee’s jurisdiction. She also previously served as the Director of Oversight and Investigations for the U.S. House of Representatives Committee on Oversight and Government Reform and as Senior Oversight Counsel at the Committee on Natural Resources.

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Practice Group practice and he is a member of the White Collar Defense and Investigations Crisis Management Practice Groups. He also co-chairs the firm’s Public Policy Practice Group and is a member of its Financial Institutions Practice Group. Mr. Bopp’s practice focuses on congressional investigations, internal corporate investigations, and other government investigations. Michael spent more than a dozen years on Capitol Hill including as Staff Director and Chief Counsel to the Senate Homeland Security and Governmental Affairs Committee under Senator Susan Collins (R-ME).

Thomas G. Hungar is a partner in the Washington, D.C., office of Gibson, Dunn & Crutcher . His practice focuses on appellate litigation, and he assists clients with congressional investigations and complex trial court litigation matters as well. He has presented oral argument before the Supreme Court of the United States in 26 cases, including some of the Court’s most important patent, antitrust, securities, and environmental law decisions, and he has also appeared before numerous lower federal and state courts. Mr. Hungar served as General Counsel to the U.S. House of Representatives from 2016-2019, working closely with various House committees in their oversight and investigative activities and related litigation.

Roscoe Jones is a partner in Gibson, Dunn & Crutcher’s Washington, DC office, co-chair of the Firm’s Public Policy Practice Group, and a member of the Congressional Investigations Practice Group. Mr. Jones’s practice focuses on promoting and protecting clients’ interests before the U.S. Congress and the Administration, including providing a range of public policy services to clients such as strategic counseling, advocacy, coalition building, political intelligence gathering, substantive policy expertise, legislative drafting, and message development .Roscoe spent a decade on Capitol Hill as a chief of staff, legislative director and senior counsel advising three US Senators and a member of Congress, including Senators Feinstein, Booker and Leahy and Rep. Spanberger.

Amanda H. Neely is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the Public Policy Practice Group and Congressional Investigations Practice Group. Amanda previously served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs Committee and General Counsel to Senator Rob Portman (R-OH), Deputy Chief Counsel to the Senate Permanent Subcommittee on Investigations, and Oversight Counsel on the House Ways and Means Committee. She has represented clients undergoing investigations by congressional committees including the Senate Permanent Subcommittee on Investigations and the Senate Health, Education, Labor, and Pensions Committee.

Danny Smith is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the Public Policy practice group. Danny’s practice focuses on advancing clients’ interests before the U.S. Congress and the Executive Branch. He provides a range of services to clients, including political advice, intelligence gathering, policy expertise, communications guidance, and legislative analysis and drafting. Prior to joining Gibson Dunn, Danny worked for Senator Cory Booker (D-NJ) for nearly a decade, most recently as his Chief Counsel on the Senate Judiciary Committee, Subcommittee on Criminal Justice and Counterterrorism.

MCLE CREDIT INFORMATION:

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.

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.

As many countries continue to loosen COVID-19 related restrictions, lawmakers and regulators around the world face corruption challenges accompanying renewed economic activity and aggressive market expansion, while starting to address the unique bribery and corruption cases that arose during a near-global shutdown that was accompanied by record levels of government spending. This webcast will explore the approach taken by emerging markets in addressing these challenges and examine the trends seen in FCPA and local anti-corruption enforcement actions.

PANELISTS:

Kelly Austin leads Gibson, Dunn & Crutcher’s White Collar Defense and Investigations practice for Asia, is a global co-chair of the Firm’s Anti-Corruption & FCPA practice, and is a member of the Firm’s Executive Committee. Ms. Austin is ranked annually in the top-tier by Chambers Asia Pacific and Chambers Global in Corporate Investigations/Anti-Corruption: China. Her practice focuses on government investigations, regulatory compliance and international disputes. Ms. Austin has extensive expertise in government and corporate internal investigations, including those involving the FCPA and other anti-corruption laws, and anti-money laundering, securities, and trade control laws.

Joel M. Cohen is a partner in Gibson Dunn & Crutcher’s New York office and Co-Chair of the firm’s global White Collar Defense and Investigations Practice Group. Mr. Cohen’s successful defense of clients has been noted in numerous feature articles in the American Lawyer and the National Law Journal, including for pretrial dismissal of criminal charges and trial victories. He is highly-rated in Chambers and named by Global Investigations Review as a “Super Lawyer” in Criminal Litigation. He has been lead or co-lead counsel in 24 civil and criminal trials in federal and state courts, and he is equally comfortable in leading confidential investigations, managing crises or advocating in court proceedings. Mr. Cohen’s experience includes all aspects of FCPA/anticorruption issues, in addition to financial institution litigation and other international disputes and discovery.

Benno Schwarz is a partner in the Gibson, Dunn & Crutcher Munich office and Co-Chair of the firm’s Anti-Corruption & FCPA Practice Group, where his practice focuses on white collar defense and compliance investigations. Mr. Schwarz is ranked annually as a leading lawyer for Germany in White Collar Investigations/Compliance by Chambers Europe and was named by The Legal 500 Deutschland 2021 and The Legal 500 EMEA 2021 as one of four Leading Individuals in Internal Investigations, and also ranked for Compliance. He is noted for his “special expertise on compliance matters related to the USA and Russia.” Mr. Schwarz advises companies on sensitive cases and investigations involving compliance issues with international aspects, such as the implementation of German or international laws in anti-corruption, money laundering and economic sanctions, and he has exemplary experience advising companies in connection with FCPA and NYDFS monitorships or similar monitor functions under U.S. legal regimes.

Patrick Stokes is a 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, Securities Enforcement, and Litigation Practice Groups. Mr. Stokes’ practice focuses on internal corporate investigations, government investigations, enforcement actions regarding corruption, securities fraud, and financial institutions fraud, and compliance reviews. He has tried more than 30 federal jury trials as first chair, including high-profile white-collar cases, and handled 16 appeals before the U.S. Court of Appeals for the Fourth Circuit. Mr. Stokes regularly represents companies and individuals before DOJ and the SEC, in court proceedings, and in confidential internal investigations.

Oliver Welch is a partner in the Hong Kong office, where he represents clients throughout the Asia Pacific region on a wide variety of compliance and anti-corruption issues and trade control laws. Mr. Welch regularly counsels multi-national corporations regarding their anti-corruption compliance programs and controls, and assists clients in drafting policies, procedures, and training materials designed to foster compliance with global anti-corruption laws. Mr. Welch frequently advises on anti-corruption due diligence in connection with corporate acquisitions, private equity investments, and other business transactions

Katharina Humphrey is a partner in Gibson, Dunn & Crutcher’s Munich office. She advises clients in Germany and throughout Europe on a wide range of compliance and white collar crime matters. Ms. Humphrey regularly represents multi-national corporations in connection with cross-border internal corporate investigations and government investigations. She also has many years of experience in advising clients with regard to the implementation and assessment of compliance management systems.

Ning Ning, an associate in the Hong Kong office, advises clients on government and internal investigations, compliance counseling, and compliance due diligence matters across the Asia-Pacific region. Ms. Ning is a native Mandarin speaker and has extensive experiences in China-related investigations and compliance matters.

Karthik Ashwin Thiagarajan, an of counsel in the Singapore office, assists clients with investigations in the financial services, information technology, electronics and fast-moving consumer goods sectors in India and Southeast Asia. He advises clients on internal investigations and anti-corruption reviews in the region. A client praised him for being “on top of his trade” in the India Business Law Journal’s 2019 “Leaders of the pack” report.

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 2.0 credit hour, of which 2.0 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 2.0 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 recorded webcast, Gibson Dunn provides an in-depth discussion of the latest trends and hot topics in internal investigations. The webcast covers recent developments around maintaining privilege during investigations – including a discussion of In re Grand Jury, which the Supreme Court has agreed to hear and that could reshape the law applicable to mixed business and legal, or “dual-purpose” communications – as well as best practices for conducting internal investigations via video-conference in a post-COVID world. We also dive deep into thorny questions of how to structure and conduct an investigation, including who at the company should be involved, how quickly investigations should be completed, what should and should not be shared with Executive Branch agencies, and when to provide separate counsel for employees. Finally, we also discuss the trends we are seeing from the government – including DOJ, SEC, FTC, Congress and state attorneys general – in terms of how they are conducting investigations and what they expect out of internal investigations.

PANELISTS:

F. Joseph Warin is chair of the 250-person Litigation Department of Gibson, Dunn & Crutcher’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.

Michael Bopp is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher. He chairs the Congressional Investigations Subgroup and he is a member of the White Collar Defense and Investigations Crisis Management Practice Groups. He also co-chairs the firm’s Public Policy Practice Group and is a member of its Financial Institutions Practice Group. Mr. Bopp’s practice focuses on congressional investigations, internal corporate investigations, and other government investigations.

Laura Jenkins Plack is a senior associate in the Denver office of Gibson, Dunn & Crutcher. Ms. Plack is a member of the firm’s Litigation Department, with an emphasis on white collar defense and investigations and complex commercial litigation. Ms. Plack represents companies and executives in federal and state court, and before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the U.S. Federal Trade Commission, congressional committees, and various international authorities.

Reid Rector is a senior associate in the Denver office of Gibson, Dunn & Crutcher, where he is a member of the firm’s Litigation Department. His practice focuses on government investigations and litigation with DOJ, the FTC, and state attorneys general for companies in the health care and technology industries, including health care fraud and abuse investigations, data security and consumer protection investigations, and related complex civil litigation and class actions.

MCLE CREDIT INFORMATION:

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.

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 recent years, regulatory action has been on the upswing in New York, with state and city administrative agencies and officials adopting increasingly aggressive roles in governing virtually every industry across the state. As a result, now more than ever it is essential for those working in regulated industries—whether on the legal or business side—to understand their legal options in challenging New York state and city agency rules, regulations, determinations, and other executive actions and policies. The primary vehicle for mounting such a challenge is the Article 78 action, a type of summary proceeding brought in New York State Supreme Court.

In this one-hour webcast, three of our most experienced attorneys in the field of challenging government action in New York—partners Mylan Denerstein and Akiva Shapiro, and of counsel Paul Kremer—provide practical and strategic guidance for the successful prosecution of Article 78 actions. Drawing on real-world examples from their practice, they discuss the primary strategic issues that should be considered in deciding whether to bring an Article 78 challenge (versus, for example, a suit in federal court); provide a roadmap for litigating Article 78 proceedings and keys to success; and discuss the procedural hurdles government actors often raise in defending against these actions, and ways of overcoming those hurdles. The program is beneficial to anyone working in a regulated industry or otherwise affected by actions taken by New York city and state agencies and officials, as well as for practitioners.

PANELISTS:

Mylan L. Denerstein is a litigation partner in the New York office of Gibson, Dunn & Crutcher. Ms. Denerstein is a Chair of the Public Policy Practice Group and a member of the Crisis Management, White Collar Defense and Investigations, Financial Institutions, Labor and Employment, Securities Litigation, and Appellate Practice Groups. Ms. Denerstein leads complex litigation and internal investigations, representing companies confronting a wide range of legal issues, in their most critical times. Ms. Denerstein is known not only for her effective legal advocacy, but also for her ability to solve problems. In addition, Ms. Denerstein is Global Chair of the Firm’s Diversity Committee and Co-Partner-in-Charge of the New York office. Ms. Denerstein was previously a member of the Firm’s Executive Committee. In 2022, Ms. Denerstein was appointed to serve as the independent NYPD Monitor to oversee the court ordered reform process. Previously, Ms. Denerstein has served in a wide variety of roles in government, including as Counsel to the New York State Governor, as an Executive Deputy Attorney General in the New York Attorney General’s Office, and as Deputy Commissioner for Legal Affairs for the New York City Fire Department.

Akiva Shapiro is a litigation partner in Gibson, Dunn & Crutcher’s New York office, Chair of the Firm’s New York Administrative Law and Regulatory Practice Group, Co-Chair of its Religious Liberty Working Group, and a member of the Firm’s Appellate and Constitutional Law, Media, Entertainment and Technology, and Securities Litigation Practice Groups, among others. Mr. Shapiro’s practice focuses on a broad range of high-stakes constitutional, administrative, commercial, and appellate litigation matters. He is regularly engaged in front of New York’s trial courts, federal and state courts of appeal, and the U.S. Supreme Court.

Paul J. Kremer is Of Counsel in the New York office of Gibson, Dunn & Crutcher. He is a member of Gibson Dunn’s Litigation, Intellectual Property, and Crisis Management Practice Groups, where he focuses on contract, lease, and license disputes; patent infringement cases; and state and local regulatory challenges. Mr. Kremer represents a diverse array of clients engaged in high-stakes commercial litigation, from New York City park trustees and private real estate developers to Fortune 100 technology companies and prestige television networks. In 2019, he was instrumental in defending against Article 78 challenges seeking to halt construction of the New York Islanders’ arena project.

MCLE CREDIT INFORMATION:

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.

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.

On October 20th, the Committee on Foreign Investment in the United States (CFIUS) released its first-ever guidelines to industry on enforcement and penalties for violations of the Committee’s regulations designed to detect and mitigate national security risks arising from foreign investment. The enforcement guidelines (i) clarify the types of conduct that constitute a violation, (ii) discuss the Committee’s procedure for imposing a penalty, and (iii) highlight aggravating and mitigating factors that will influence the Committee’s penalty calculation. While the guidelines do not accompany any apparent change to CFIUS’s statutory authority, they appear to be part of an effort to increase transparency of a committee long-viewed as secretive—and also may signal increased use by the Committee of its enforcement and penalty authorities.

The issuance of the Guidelines is therefore noteworthy in several respects:

Their issuance is another in a series of signals from the U.S. government of its intense focus on protecting national security interests, inclusive of U.S. technological leadership;
The Guidelines provide a more transparent, public roadmap for how violations will be assessed and processed; and
The Guidelines establish a voluntary self-disclosure mechanism for violations that has parallels with other agencies, though stops short of offering specific incentives for such disclosures.

Hear from our experienced national security and CFIUS practitioners about the impact of the guidelines, what they may mean in future enforcement actions, and how they fit into the Biden Administration’s broader focus on using industrial and economic tools in the service of national security priorities.

PANELISTS:

Stephenie Gosnell Handler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity, and technology matters. Ms. Handler has prior experience advising clients on diverse global cybersecurity and technology matters, including strategic legal issues, data localization, regulatory compliance, risk management, governance, preparedness, and data and export control and sanctions requirements.

David Burns is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s National Security Practice Group. He is a former Principal Deputy Assistant Attorney General of the National Security Division of the Department of Justice. His practice focuses on white-collar criminal defense, internal investigations, national security, and regulatory enforcement matters. Mr. Burns represents corporations and executives in federal, state, and regulatory investigations involving securities and commodities fraud, sanctions and export controls, theft of trade secrets and economic espionage.

Samantha Sewall is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s International Trade Practice Group. Ms. Sewall advises clients on compliance with U.S. legal obligations at the intersection of global trade, foreign policy, and national security, focusing her practice on compliance with U.S. economic sanctions, export controls, national security reviews of foreign direct investment (CFIUS), and anti-boycott laws.

MCLE CREDIT INFORMATION:

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.

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.

With the midterm elections behind us, we now know what the 118th Congress will look like and have a better sense of what the Legislative and Executive Branches will focus on over the next two years. Join us for a recorded presentation that provides an overview of the 118th Congress. We forecast what legislation could gain traction in the Senate and House and lay out what the Biden Administration priorities could look like with divided government.

Topics discussed:

Review of Midterm Election Results
Overall Landscape – 118th Congress
Antitrust – Overview of Notable Legislation and Potential Action
Energy – Discussion of Potential Legislative and Executive Efforts
Environmental, Social, and Corporate Governance – Review of Likely Oversight Activity and Other Congressional Action
Financial Services – Regulation Versus Deregulation Efforts
Government Contracting – Potential Administration Action
Healthcare – Likelihood of Executive and Legislative Actions
Infrastructure – Overview of Administrative Implementation Efforts and Expected Oversight
Labor – Expected Administrative Actions and the Likelihood of Legislative Wins
National Security – Review of Executive Efforts and Potential Congressional Compromises
Taxes – Short Term Versus Long Term Efforts
Technology – Overview of Congressional Oversight and Legislation
Trade – Review of Administrative Efforts

PANELISTS:

Roscoe Jones is a partner in Gibson, Dunn & Crutcher’s Washington, DC office, co-chair of the Firm’s Public Policy Group and a member of the Congressional Investigations practice group. Mr. Jones’s practice focuses on promoting and protecting clients’ interests before the U.S. Congress and the Administration, including providing a range of public policy services to clients such as strategic counseling, advocacy, coalition building, political intelligence gathering, substantive policy expertise, legislative drafting, and message development.

Amanda H. Neely is of counsel in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the Public Policy practice group. Prior to rejoining the firm, she served as Director of Governmental Affairs for the Senate Homeland Security and Governmental Affairs, and General Counsel to Senator Rob Portman. She has represented clients undergoing investigations by several congressional committees, including the Senate Health, Education, Labor, and Pensions 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 1.5 credit hours, of which 1.5 credit hours 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 hours.

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.

With ongoing challenges of the COVID-19 pandemic, the Russia-Ukraine conflict and other global developments and trends, companies have been navigating a challenging 2022 capital raising market. Join partners of Gibson Dunn’s Capital Markets and Securities Regulation and Corporate Governance practice groups, as they provide an overview of market activity in 2022 and how companies have reacted to the market impact of these developments. This webcast also discusses thoughts on 2023 capital raising and the key issues and opportunities that may impact companies considering capital raise transactions in the next year.

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, Energy, M&A and ESG practice groups. Ms. Holmes’ practice focuses on capital markets, securities regulation, and corporate governance. She is Band 1 ranked by Chambers USA in capital markets for the energy industry and recognized in nationwide Energy Transactions and M&A/Corporate. Ms. Holmes represents issuers and underwriters in all forms of capital raising transactions, including IPOs, registered offerings of debt or equity, private placements, joint ventures, structured investments, and sustainable financings. Ms. Holmes also frequently advises companies, boards of directors, special committees and financial advisors in M&A transactions, and conflicts of interest and other special situations.

Tom Kim is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Securities Regulation and Corporate Governance practice group. Mr. Kim focuses his practice on advising companies, underwriters and boards of directors on registered and exempt capital markets transactions, SEC regulatory and reporting issues, and corporate governance, as well as on general corporate and securities matters. Mr. Kim has been recognized by Chambers USA in the Securities Regulation: Advisory category since 2015. Mr. Kim served for six years as the Chief Counsel and Associate Director of the Division of Corporation Finance at the SEC.

Robyn E. Zolman is Partner-in-Charge of the Denver office of Gibson, Dunn & Crutcher, where she practices in the firm’s Capital Markets and Securities Regulation and Corporate Governance practice groups. Ms. Zolman represents clients in connection with a broad range of capital markets transactions. She advises clients with respect to SEC registered and Rule 144A offerings of investment grade, high-yield and convertible notes, as well as initial public offerings, follow-on equity offerings, at-the-market equity offering programs, PIPE offerings and issuances of preferred securities. In addition, she has extensive experience with tender offers, exchange offers, consent solicitations and corporate restructurings. Ms. Zolman also regularly advises clients regarding securities regulation and disclosure issues and corporate governance matters, including Securities and Exchange Commission reporting requirements, stock exchange listing standards, director independence, board practices and operations, and insider trading compliance.

Robert D. Giannattasio is of counsel in the New York office of Gibson, Dunn & Crutcher and practices in Gibson Dunn’s Capital Markets Practice Group, Securities Regulation and Corporate Governance Practice Group, and Global Finance Practice Group. Mr. Giannattasio has a broad corporate and capital markets practice representing issuers and underwriters on a variety of public and private debt and equity offerings, including acquisition financings, investment-grade and high-yield debt offerings, IPOs and follow-on equity offerings, and liability management transactions.

Daniel Burton-Morgan is head of Americas Equity Capital Markets Syndicate at Bank of America Securities, having taken on the role in November 2020. Prior to this, he was Head of UK & Ireland Equity Capital Markets (August 2018 to November 2020) having previously been Head of the EMEA Equity Capital Markets Syndicate for over five years. In total Daniel has over 16 years of experience in UK Investment Banking and Global ECM, starting at Merrill Lynch in 2006. In his previous role Daniel worked on over 200 transactions including sell-downs in ABN, Renault, Lloyds Banking Group, Evonik, Engie, Nordea, ENEL and EADS, IPOs of Aena, Auto Trader, Worldpay, Moncler and Allied Irish Banks, and capital raises for E.On, Barclays, Standard Chartered and Unicredit. Daniel graduated from the University of Warwick with a First Class degree in Management in 2006.

Laurie Campbell joined the Global Capital Markets Division at Bank of America in 2005. She is head of the group responsible for coverage of investment grade companies in the Technology and General Industries sectors. Prior to joining Bank of America, Laurie was a Managing Director in Debt Capital Markets at Goldman Sachs from 1997 to 2003. From 1992 to 1997 Laurie was a Principal with Morgan Stanley in their Debt Capital Markets group. She also worked as an Associate in Corporate Finance at Salomon Brothers from 1989 to 1992. Laurie received an M.B.A. from the University of Western Ontario in 1989 and a Bachelor of Commerce from McGill University in 1983.

Reprinted by permission. Copyright © 2023 Bank of America Corporation (“BAC”). The information is provided “as is” and none of BAC or any of its affiliates warrants the accuracy or completeness of the information.

Join us for a recorded 60-minute briefing covering key developments in the executive compensation space. Mike Scanlon, Tino Salazar and Krista Hanvey outline recent legislative and regulatory developments and provide practical tips to help you prepare for proxy and incentive compensation grant season.

Topics to be discussed:

The SEC’s new Pay versus Performance disclosure requirements
The SEC’s new Clawback rule requirements and DOJ focus on such policies
State law restrictive covenant trends and how they may affect your grant agreements
ESG performance metrics in incentive compensation

PANELISTS:

Krista P. Hanvey is Co-Chair of Gibson Dunn’s Employee Benefits and Executive Compensation practice group and Co-Partner-In-Charge in 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.

Michael J. 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. Mr. Scanlon 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.

Tino Salazar is an associate in the Los Angeles 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 practice focuses on all aspects of executive compensation and employee benefits. Mr. Salazar’s practice encompasses tax, ERISA, accounting, corporate, and securities law aspects of equity and other incentive compensation plans and executive employment and severance arrangements.

MCLE CREDIT INFORMATION:

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.

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.

This webcast covers key developments to be aware of as you prepare your 2023 proxy statement, including recent and upcoming SEC rulemaking and comment letters, proxy season trends and investor and proxy advisor updates.

PANELISTS:

Aaron K. 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. Before rejoining Gibson Dunn, Mr. Briggs served for five years as Executive Counsel – Corporate, Securities & Finance, at General Electric Company. His in-house experience—which included responsibility for SEC reporting and compliance, board governance, proxy and annual meeting, investor outreach and executive compensation matters, and included driving GE’s revamp of its full suite of investor communications (proxy statement, 10-K, earnings releases, and integrated report)—provides a unique insight and practical perspective on the issues that his clients face every day.

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.

Geoffrey E. Walter is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher and a member of the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Walter advises public companies and their boards of directors on a wide range of corporate law matters, including securities and corporate governance practices and disclosure issues, compliance with SEC regulations and executive compensation disclosure issues, shareholder engagement and activism matters, insider trading and other company policies, and shareholder proposals and responses to SEC inquiries. Mr. Walter also has experience advising nonprofit organizations on issues related to corporate governance.

MCLE CREDIT INFORMATION:

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.

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.

Please join us for this 60-minute program. The panel covers key developments to be aware of headed into the 2022 Form 10-K reporting season, including recent SEC rulemaking and comment letters, disclosure trends and other developments.

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.

David Korvin is a corporate associate in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he currently practices in the firm’s Securities Regulation and Corporate Governance Practice Group. Mr. Korvin advises public companies and their boards with respect to corporate governance, federal securities, financial reporting and accounting, insider trading, stock exchange, shareholder engagement, ESG and executive compensation matters. Prior to joining Gibson Dunn, Mr. Korvin was an attorney at the Securities and Exchange Commission in the Division of Corporation Finance, where he handled the legal review of Securities Act and Exchange Act filings and served as a member of the Shareholder Proposal Taskforce.

MCLE CREDIT INFORMATION:

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.

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 us for a 30-minute briefing covering a wide range of M&A practice topics. The goal of the program is to provide quick insights into recent market trends and practical advice on how to manage common M&A problems.

Topics discussed:

Jonathan Whalen and Matthew Wiener discuss recent developments in the representation and warranty insurance markets
Kristen Poole and David Wilf discuss how to choose among different efforts standards when drafting and negotiating covenants
Cassandra Gaedt-Sheckter and Alexander Southwell discuss practice pointers on assessing and managing cybersecurity and privacy risk in M&A transactions

PANELISTS:

Cassandra Gaedt-Sheckter is a partner in Gibson, Dunn & Crutcher’s Palo Alto office, lead of the firm’s State Privacy Law Task Force, and a Co-Chair of the firm’s Artificial Intelligence and Automated Systems Practice Group. She is an award-winning practitioner, and just in 2022, has been featured as 40 under 40 in Silicon Valley by the Silicon Valley Business Journal, Woman Leader in Tech Law by The Recorder, and Best Lawyers’ One to Watch for Technology Law for her work. Her practice focuses on data privacy, cybersecurity, AI, and data regulatory enforcement, transactional, and product and compliance counseling representations. She has significant experience advising companies on legal and regulatory compliance, diligence, and risks in transactions, particularly with respect to California’s CCPA and CPRA, and other federal and state laws and regulations.

Kristen P. Poole is a corporate partner in Gibson, Dunn & Crutcher’s New York office, where her practice focuses on mergers and acquisitions and private equity. Ms. Poole represents both public and private companies, as well as financial sponsors, in connection with mergers, acquisitions, divestitures, minority investments, restructurings, and other complex corporate transactions. She also advises clients with respect to general corporate governance matters and shareholder activism matters.

Alexander Southwell is a partner in Gibson, Dunn & Crutcher’s New York office, and he is a Co-Chair of the firm’s Privacy, Cybersecurity and Data Innovation Practice Group. He is a Chambers-ranked former federal prosecutor and was named a “Cybersecurity and Data Privacy Trailblazer” by The National Law Journal. Mr. Southwell’s practice focuses 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. He regularly advises companies and private equity firms on privacy and cybersecurity diligence and compliance.

Jonathan Whalen is a partner in Gibson, Dunn & Crutcher’s Dallas office, and he is a member of the firm’s Mergers and Acquisitions Practice Group. Chambers USA named Mr. Whalen an Up and Coming Corporate/M&A attorney in their 2022 publication. Mr. Whalen’s practice focuses on a wide range of corporate and securities transactions, including mergers and acquisitions, private equity investments, and public and private capital markets transactions.

David Wilf is a partner in Gibson, Dunn & Crutcher’s New York office, and he is Co-Chair of Gibson Dunn’s Transportation and Space Practice Group. Mr. Wilf is recognized as a leading M&A attorney by the International Financial Law Review. His practice focuses on mergers and acquisitions, joint ventures, strategic alliances and general corporate matters, including strategic complex corporate contracts. Mr. Wilf has represented United States entities in Europe, Asia, Latin America, and Africa in acquisitions, divestitures and joint ventures, and non-U.S. entities in similar types of domestic and international transactions, in addition to his general domestic U.S. practice.

Matthew Wiener is a Managing Director, M&A and Transaction Solutions in the Houston office of Aon. He is the co-practice leader for Aon’s Transaction Solutions team. In this role, Mr. Wiener is responsible for the development and implementation of transactional-based risk solutions, including the deployment of insurance capital for M&A transactions through representations and warranties, litigation, tax and other contingent liabilities insurance. Prior to joining the Aon Transaction Solutions team, Matthew was an attorney at Vinson & Elkins LLP, where he specialized in corporate finance and securities law matters, including mergers and acquisitions, private equity, public and private securities offerings, divestitures, and general corporate representation.

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.

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 0.5 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.

This course covers the rise of nationwide injunctions and their effect on public perception of the judicial system. We discuss the differentiation between nationwide injunctions in private law cases and public law cases, and take a deeper look into the arguments both for and against nationwide injunctions. Finally, we address the increase in appellate skepticism and proposals for reform.

Topics discussed:

The rise of nationwide injunctions
Nationwide injunctions in private law cases
Nationwide injunctions in public law cases
Arguments for and against nationwide injunctions
Increased appellate skepticism and proposals for reform

PANELISTS:

Gregg Costa is a partner in the Houston office of Gibson, Dunn & Crutcher and co-chair of the firm’s Global Trial Practice Group. Mr. Costa previously served on the U.S. Court of Appeals for the Fifth Circuit from 2014 to 2022, following his nomination by President Obama and confirmation by the U.S. Senate with a vote of 97-0. His broad experience – having handled complex civil and criminal matters, at trial and on appeal, as advocate and judge – allows him to offer invaluable skills and strategic insights.

Collin Cox is a partner in the Houston office of Gibson, Dunn & Crutcher, where he represents plaintiffs and defendants in high-stakes commercial cases. He has been a lead trial lawyer in computer software trade secrets cases, several actions related to the Bernard L. Madoff fraud, royalty disputes, patent litigation, and other business crisis situations. He continues to be one of the youngest trial lawyers in Texas to receive band ranking recognition in commercial litigation from Chambers USA.

Miguel A. Estrada is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where he represents clients before federal and state courts on a broad range of matters and has also argued 24 cases before the United States Supreme Court. Mr. Estrada is the lead appellate counsel in two securities-fraud appeals from jury verdicts that are currently pending in the Second Circuit. From 2014-2022, Chambers & Partners has named him as one of a handful of attorneys that it ranked in the top tier among the nation’s leading appellate lawyers.

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 credit hour, of which 1 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 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.

Against the backdrop of increased geopolitical tensions and broader decoupling trends, the United States has implemented sweeping new export controls designed to make it extremely difficult for Chinese companies to develop cutting-edge technologies that might have military applications. The restrictions will make it increasingly difficult for Chinese companies to obtain or manufacture advanced semiconductors and integrated circuits, which are critical for the development of artificial intelligence. The new rules also bar U.S. individuals and companies from providing direct or indirect support for the development or production of such chips in China and will make it harder for Chinese companies to develop supercomputers with potential military applications.

Taken together, these new restrictions impose an effective embargo against China in these technology sectors. In imposing the restrictions, the U.S. government explained that it developed this sweeping set of new regulations to curtail China’s use of these items in the development of weapons of mass destruction, artificial intelligence and supercomputing-enhanced war fighting, and in technologies that enable violations of human rights.

These new changes have already proven to be disruptive. U.S. suppliers have already reportedly cut ties to Chinese chipmakers, and there are reports of “mass resignations” of U.S. employees in China’s semiconductor industry.

Hear from our experienced export controls attorneys in the U.S. and Hong Kong about these new restrictions and their potential impact. We discuss:

This development in the context of a series of efforts by both the U.S. and China to “decouple” in the technology sector
How these new restrictions are affecting Chinese companies as well as U.S. companies with operations in China
The potential impact on the broader semiconductor global supply chain
The outlook for enforcement and new restrictions

PANELISTS:

Fang Xue is a partner and Chief Representative in the Beijing office of Gibson, Dunn & Crutcher. Ms. Xue has represented Chinese and international corporations and private equity funds in cross-border acquisitions, private equity transactions, stock and asset transactions, joint ventures, going private transactions, tender offers and venture capital transactions, including many landmark deals among those. She also advises clients on corporate, compliance, export control and international trade related matters.

Judith Alison Lee is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher and Co-Chair of the firm’s International Trade Practice Group. Ms. Lee practices in the areas of international trade regulation, including USA Patriot Act compliance, Foreign Corrupt Practices Act, economic sanctions and embargoes and export controls. Ms. Lee also advises on issues relating to virtual and digital currencies, blockchain technologies and distributed cryptoledgers.

Stephenie Gosnell Handler is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, where she advises clients on complex legal, regulatory, and compliance issues relating to international trade, cybersecurity and technology matters. Ms. Handler has prior experience advising clients on diverse global cybersecurity and technology matters, including strategic legal issues, data localization, regulatory compliance, risk management, governance, preparedness and data and export control and sanctions requirements.

David A. Wolber is a Registered Foreign Lawyer (New York) in Hong Kong and of counsel in the Hong Kong office of Gibson, Dunn & Crutcher. Mr. Wolber’s practice focuses on navigating complex legal, compliance, reputational, political and other risks arising out of various international trade, national security and financial crime laws and regulations. He advises clients on economic and trade sanctions, export controls, foreign direct investment controls/CFIUS, anti-money laundering and anti-bribery and anti-corruption laws and regulations.

Chris R. Mullen is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. Mr. Mullen’s practice focuses on international trade and investment. He has experience on a range of matters, including navigating export controls under the ITAR and EAR, global economic sanctions, anti-money laundering regulations, CFIUS review and FCPA compliance. He has also advised companies on international trade matters related to corporate mergers and acquisitions and compliance with anti-money laundering obligations at the state and federal levels.

MCLE CREDIT INFORMATION:

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 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.

The Financial Stability Board’s (FSB) report to the G20 Finance Ministers and Central Bank Governors on regulatory and supervisory approaches to stablecoins and other crypto-assets was recently released. Please join us for this webcast hosted by our Global Financial Regulatory Practice Group. We discuss the latest legal and regulatory developments in digital assets markets, including:

FSB’s recommendations, and what they mean for the global regulatory and supervisory direction of travel for stablecoin arrangements and crypto-asset markets
Hong Kong and Singapore digital assets regulatory developments
UK and EU digital assets regulatory developments, including the Markets in Crypto-Assets (MiCA) regulation
US digital assets regulatory developments

We discuss how these regulatory and supervisory developments will impact on digital assets businesses operating in or providing services in these key jurisdictions, and share our views on how businesses can anticipate and prepare for the coming wave of regulatory and supervisory reforms that will impact on stablecoins and other crypto-assets. In addition, the team brings their predictions for the future of digital assets regulation, supervision and enforcement policy, based on their extensive experience in helping clients to navigate global regulations and to engage with key global regulators.

PANELISTS:

William Hallatt, a partner in our Hong Kong office and a Co-Chair of the firm’s Global Financial Regulatory Practice Group, is one of the Asia-Pacific region’s most prominent regulatory lawyers. He has close working relationships with key regulators, both at the local jurisdictional and international levels. He is heavily involved in regulatory reform initiatives and regularly leads discussions with the regulators on behalf of the financial services industry. This includes working closely with leading industry bodies, including ASIFMA and AIMA. Will has particular expertise in relation to the regulation of cryptocurrencies and other digital assets, and has advised the world’s leading cryptocurrency exchanges as well as regulated financial institutions on a range of key strategic matters in this space. This includes advising cryptocurrency exchanges on regulatory restructurings, high profile regulatory investigations and the handling of licence applications in multiple jurisdictions.

Hardeep Plahe, an English-qualified partner and cross-border transactional lawyer based in our London office, is a member of the firm’s Mergers and Acquisitions, Private Equity, Capital Markets, Global Financial Regulatory and Financial Institutions Practice Groups. He has a broad and deep knowledge of the Middle East business landscape having spent 16 years in the region. He has helped clients navigate their way through some of their most complex and important transactions and financial regulatory matters in the UK, Continental Europe and the Middle East. He has advised private equity clients, financial institutions, corporates, sovereign wealth funds and governments.

Michelle M Kirschner is a partner in the London office and Co-Chair of the firm’s Global Financial Regulatory Practice Group. Ms. Kirschner advises a broad range of financial institutions and fintech businesses on areas such as systems and controls, market abuse, conduct of business and regulatory change management, and she conducts internal investigations and reviews of corporate governance and systems and controls in the context of EU and UK regulatory requirements and expectations.

Jeffrey Steiner is a partner in the Washington D.C. office and Co-Chair of the firm’s Global Financial Regulatory Practice Group, Chair of the firm’s Derivatives Practice and co-lead of the Digital Currencies and Blockchain Technologies group. Mr. Steiner advises a range of clients on regulatory, legislative, enforcement and transactional matters related to OTC and listed derivatives, commodities and securities. He also advises clients, including exchanges, financial institutions and fintech firms, on matters related to digital assets and cryptocurrencies. Prior to joining the Firm, Mr. Steiner was a special counsel at the U.S. Commodity Futures Trading Commission (CFTC).

Grace Chong is Of Counsel in Gibson Dunn’s Singapore office and a member of the firm’s Global Financial Regulatory Group. She has been consistently named as one of Singapore’s top 10 FinTech lawyers and is highly ranked in Chambers FinTech 2022, with clients noting that she “is very savvy and shares her knowledge of the MAS and market trends.” Further, she is recommended in Financial Services Regulatory for Singapore by The Legal 500 2022 guide which notes that she “is one of the best crypto regulatory lawyers in Singapore.” Ms. Chong is an elected board member of the Singapore Association of Cryptocurrency Enterprises and Startups (ACCESS), is closely involved in regional regulatory reform initiatives and has led discussions with regulators on behalf of the financial services industry.

MCLE CREDIT INFORMATION:

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 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 anticipation of the Financial Stability Board’s (FSB) report to the G20 Finance Ministers and Central Bank Governors in October on regulatory and supervisory approaches to stablecoins and other crypto-assets, please join us for this webcast hosted by our Global Financial Regulatory Practice Group. We discuss the latest legal and regulatory developments in digital assets markets, including:

FSB’s recommendations, and what they mean for the global regulatory and supervisory direction of travel for stablecoin arrangements and crypto-asset markets
Hong Kong and Singapore digital assets regulatory developments
UK and EU digital assets regulatory developments, including the Markets in Crypto-Assets (MiCA) regulation
US digital assets regulatory developments

PANELISTS:

MCLE CREDIT INFORMATION:

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 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

As the global economy gradually emerges from the COVID-19 pandemic, lawmakers and regulators in Asia continue to confront the aftermath of the pandemic and the challenges it presents to anti-corruption enforcement. In this webcast, we will explore the approaches taken by Asian countries to address the current environment and examine the current trends in FCPA and local anti-corruption enforcement, with a focus on Asia.

In China, while the government continues to crack down on bribery in the financial and the healthcare sectors, the anti-corruption campaign has expanded to encompass an increasingly broader swath of the national economy, such as the semiconductor industry and the insurance industry. The corporate criminal compliance regime in China has rapidly evolved in 2022, with additional national authorities joining the Third-Party Supervision and Evaluation Mechanism, which has been applied in over 1,000 cases since its launch in 2021. India has seen a number of high-profile corruption cases, including enforcement actions in the transportation and biotechnology sectors. And while Korea has seen a drastically increased focus on rooting out corruption in its public and private sectors, citizens wonder whether actual change is possible as high-profile officials and executives continue to receive pardons for past, headline-grabbing misconduct.

While domestic politics and legislative amendments have made it more difficult to commence and complete anti-corruption enforcement actions in certain markets, recent cases underscore the compliance risks of doing business of in many of Asia’s biggest markets. Join our team of experienced international anti-corruption attorneys to learn more about how to do business in China, India, Korea and other countries in Asia without running afoul of anti-corruption laws, including the Foreign Corrupt Practices Act (“FCPA”).

Topics discussed include:

• An overview of FCPA enforcement statistics and trends for 2022;
• The corruption landscape in Asia, including recent headlines and scandals;
• Lessons learned from local anti-corruption enforcement in China, India, Korea, and South East Asia;
• Key anti-corruption, data privacy and regulatory compliance changes across Asia; and
• Mitigation strategies for businesses operating in Asian markets.

PANELISTS:

Karthik Ashwin Thiagarajan, an of counsel in the Singapore office, assists clients with investigations in the financial services, information technology, electronics and fast-moving consumer goods sectors in India and Southeast Asia. He advises clients on internal investigations and anti-corruption reviews in the region. A client praised him for being “on top of his trade” in the India Business Law Journal’s 2019 “Leaders of the pack” report.

Ning Ning, an associate in the Hong Kong office, advises clients on government and internal investigations, compliance counseling, and compliance due diligence matters across the Asia-Pacific region. Ms. Ning has represented clients before the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) involving potential violations of the U.S. Foreign Corrupt Practices Act (FCPA), securities laws, and other white collar defense matters. Ms. Ning regularly advises clients on internal investigations relating to allegations of corruption, fraud, and accounting irregularities. Ms. Ning also counsels clients on designing and continuously improving their anti-corruption and compliance programs, and on anti-corruption and compliance risk assessments.

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.

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.

Human rights are a shared concern of international trade compliance professionals and those responsible for developing policies to implement the Social (“S”) element of company ESG programs, but the leads for each are not always in conversation. However, recent developments, especially with respect to international trade regulation, require both to be in the same room and to work together to integrate due diligence, monitoring, and reporting across business functions. In this CLE webinar, we review several areas of convergence in export control, sanctions, and import regulation and S-focused ESG standards, and share practical strategies International Trade and ESG professionals can follow to make the most of this convergence in their compliance and ESG programs.

PANELISTS:

Ronald Kirk is Senior Of Counsel in Gibson, Dunn & Crutcher’s Dallas and Washington, D.C. offices. He is Co-Chair of the International Trade Practice Group and a member of the Sports Law, Public Policy, Crisis Management and Private Equity Practice Groups. Ambassador Kirk focuses on providing strategic advice to companies with global interests. Prior to joining the firm in April 2013, Ambassador Kirk served as the 16th United States Trade Representative and was a member of President Obama’s Cabinet, serving as the President’s principal trade advisor, negotiator and spokesperson on trade issues. Ambassador Kirk draws upon more than 30 years of diverse legislative and economic experience on local, state and federal levels.

Christopher T. Timura is Of Counsel in Gibson Dunn’s Washington, D.C. office and a member of the firm’s International Trade and White Collar Defense and Investigations Practice Groups. Mr. Timura helps clients solve regulatory, legal and political problems that arise at the intersection of national security, trade, and foreign policy, and develop corporate social responsibility and environmental, social, and governance strategies, policies and procedures. His clients span economic sectors and range from start-ups to Global 500 companies.

Sean J. Brennan is an associate in Gibson Dunn & Crutcher’s Washington, D.C. office. He practices in the firm’s Litigation Department, with a focus on white collar criminal defense and investigations, international trade, and public policy. Mr. Brennan regularly advises clients on human rights due diligence and supply chain issues, including compliance with the Uyghur Forced Labor Prevention Act. He has also conducted internal investigations involving alleged violations of cybersecurity, national security, and anti-money laundering laws.

Eric Clark is Nokia’s lead counsel for trade compliance, including laws and regulations around export controls, international sanctions, and import/customs controls. In addition, he also now serves as counsel for Nokia’s human rights program and due diligence process. Eric has been working on trade and sanctions topics for more than 15 years in both government and the private sector.

MCLE CREDIT INFORMATION:

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 1.25 hours.

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.