Biography

Gareth Evans is a litigation partner at Gibson, Dunn & Crutcher LLP, with 25 years of experience at the firm. His career has focused on complex business litigation and governmental investigations, and has included matters in many different subject matter areas.

Mr. Evans has extensive experience in securities class action and shareholder derivative litigation, and also has represented clients in investigations and enforcement actions brought by the Department of Justice, SEC and other regulatory and enforcement agencies. His experience also includes insurance coverage litigation and advising clients regarding insurance coverage issues, appellate and antitrust litigation, representing investment advisors in '40s Act litigation, and advising and representing clients in matters involving data privacy issues.

Through his extensive experience dealing with discovery issues in complex litigation and investigations, Mr. Evans has developed substantial knowledge and proficiency in the area of electronic discovery. Mr. Evans was recognized by Who's Who Legal: Litigation in the area of e-discovery (2015) and was selected by the Southern California legal community for inclusion in The Best Lawyers in America® in 2016.

He is one of the founders and co-chairs of Gibson Dunn's Electronic Discovery Practice Group and is a frequently published author and speaker on e-discovery topics. Mr. Evans is one of the lead authors and editors of Gibson Dunn's highly acclaimed E-Discovery Year-End and Mid-Year Reports and is the author of the popular E-Discovery Basics series, consisting of brief introductory guides to a variety of practical issues in electronic discovery.

Mr. Evans is active in The Sedona Conference's Working Group 1 (Electronic Document Retention and Production) and Working Group 6 (International Electronic Information Management, Discovery and Disclosure). Mr. Evans has frequently assisted clients as lead discovery counsel in litigation and investigations.

In addition to his chairmanship of the Firm's Electronic Discovery Practice Group, Mr. Evans is on the Steering Committee of Gibson Dunn's Securities Litigation Practice Group and is also a member of the Privacy, Cybersecurity, and Consumer Protection Practice Group, areas in which he also has been published.

Mr. Evans joined the firm in 1990 following a judicial clerkship with the Hon. Gordon Thompson, Jr. of the United States District Court for the Southern District of California.

Representative Cases

  • In re Toyota Motor Corporation Securities Litigation and related cases
    • Represented Toyota in securities litigation related to claims of "unintended acceleration" in certain Toyota vehicles.
    • Successfully defended Toyota in related shareholder derivative litigation and bondholder securities litigation, both of which were dismissed with prejudice.
    • Successfully eliminated over 90% of the company's exposure in securities class action litigation on a motion to dismiss and obtained highly favorable settlement while innovative challenge to class certification was pending.
  • Wynn Resorts, Ltd. v. Kazuo Okada, et al.
    • Discovery counsel in litigation arising out of Wynn Resorts' ouster of Kazuo Okada from its board of directors and redemption of Okada's shares in the company.
  • LIBOR Investigations
    • Representing Swiss-based investment bank in governmental investigations in the U.S. and foreign jurisdictions into allegations of manipulation of LIBOR and other reference rates.
  • In re Aetna UCR Multi-District Litigation
    • Representing managed care organization in multi-district class action litigation involving claims under RICO, ERISA and the Sherman Antitrust Act.
  • CSK, Inc. Securities Litigation and SEC Investigation
    • Led day-to-day litigation team
    • Managed electronic discovery production to SEC and private plaintiffs involving several million electronic documents
    • Led legal briefing effort, including successful motion to dismiss derivative litigation with prejudice and mediation briefing that led to settlement of shareholder class action
  • In re Wireless Facilities, Inc. Securities Litigation
    • Led litigation team and legal briefing effort.
    • Obtained dismissal of  "Big Four" accounting firm at pleading stage on motions to dismiss
  • Computer Sciences Corporation SEC Investigation
    • Managed electronic document production to SEC involving several million electronic documents
  • In re American Funds Excessive Fee Litigation
    • Counsel through federal court trial resulting in defense verdict
    • Advised client on selection of electronic discovery vendor
    • Janus Capital Group SEC and New York Atty. Gen'l. Investigations and Civil Litigation
      • Represented company before SEC and NY Attorney General in investigations of market timing and late trading in the mutual fund industry
      • Represented company in multi-district civil litigation arising out of market timing and late trading allegations
      • Led electronic document production to SEC and NY Atty. Gen'l.
  • Franklin Tax-Free Income Fund, et al. v. Tenet Healthcare Corporation
  • In re: NewCom, Inc.
  • Computer Associates v. Computer Sciences Corporation
  • Roll International Corporation v. Unilever United States, Inc.
  • In re: Silicon Graphics Securities Litigation
  • In re: Stratosphere Corporation Securities Litigation
  • In re: Quarterdeck Securities Litigation II
  • In re: National Medical Enterprises, Inc. Securities Litigation I and II

Publications

Mr. Evans is a frequent author in the areas of electronic discovery and securities litigation.  His recent articles include:

  • Webcast: Current E-Discovery Hot Topics and 2012 Year-End E-Discovery Update
  • 2012 Year-End E-Discovery Update
  • 2011 Mid-Year E-Discovery Update
  • 2010 Year-End E-Discovery Update
  • 2010 Mid-Year E-Discovery Update
  • 2010 Year-End Securities Litigation Update
  • 2010 Mid-Year Securities Litigation Update
  • Treatise: Securities Litigation, A Practitioner's Guide (Chapter 4: Automatic Stay of Discovery Under PSLRA)
  • E-Discovery Basics (Vol. 1, No. 1): Why Should I Care About E-Discovery?
  • E-Discovery Basics (Vol. 1, No. 2): The E-Discovery Life Cycle
  • E-Discovery Basics (Vol. 1, No. 3): Litigation Preparedness
  • E-Discovery Basics (Vol. 1, No. 4): Legal Holds
  • E-Discovery Basics (Vol. 1, No. 5): Preservation of ESI, Part 1
  • E-Discovery Basics (Vol. 1, No. 6):  Preservation of ESI, Part 2
  • E-Discovery Basics (Vol. 1, No. 7): Collection of ESI
  • E-Discovery Basics (Vol. 1, No. 8): Processing & Reviewing ESI
  • E-Discovery Basics (Vol. 1, No. 9): Production of ESI
  • E-Discovery Basics (Vol. 1, No. 10): Admissibility and Presentation of ESI
  • E-Discovery Basics (Vol. 1, No. 11): Cross-Border E-Discovery
  • An EU Data Privacy Advisory Body Provides Guidance Regarding Consent to Process Personal Data, August 8, 2011
  • French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements, Euro Watch, June 15, 2011
  • E-Discovery Developments: Court Holds That Oral Preservation Notice Is Not Automatically Sanctionable, May 13, 2011
  • E-Discovery Trends: Latest Scheindlin Decision Offers Guidance Regarding Format of Production, Metadata and Rule 26(f) Duties, February 10, 2011
  • E-Discovery Trends: Delaware Chancery Court Adopts Preservation Guidelines for Electronically Stored Information, January 28, 2011
  • Court Orders Spoliator Imprisoned, Surveys Differing Preservation And Sanctions Standards: An In-Depth Look at Victor Stanley II, Digital Discovery & E-Evidence (BNA), October 14, 2010
  • Supreme Court Holds That Purchasers of Securities on Foreign Exchanges Cannot Bring Federal Securities Fraud Lawsuits in U.S. Courts, June 24, 2010
  • E-Discovery Principles Revisited, The Daily Journal, January 28, 2010
  • Court Holds U.S. Discovery Rules Trump French Law and Hague Convention - Digital Discovery & E-Evidence (BNA), December 2009
  • Access Granted:  New California Legislation Tracks Federal Rules on E‑Discovery, With a Few Key Exceptions, The Recorder, July 15, 2009
  • Federal Rule of Evidence 502:  Getting to Know an Important E-Discovery Tool, Orange County Lawyer Magazine, November 2009
  • Securities Litigation and the Economic Crisis:  Understanding and Dealing with the Current Securities Litigation Environment, Aspatore Books,2009
  • Pleading Scienter in the Ninth Circuit:  Did Tellabs Really Change Much? Bloomberg Law Reports—Securities Litigation, August 17, 2009 (with Alex Mircheff)
  • Full Speed Ahead: Safe Harbor for Forward-Looking Statements, Los Angeles Lawyer Magazine, May 1996 (with Daniel Floyd)

Education

  • New York University - 1988 - Juris Doctor
  • University of California - Berkeley - 1983 - Bachelor of Arts

Admissions

  • California Bar

Recent Publications