Gabrielle Levin is a partner in the New York office of Gibson, Dunn & Crutcher. Ms. Levin is a member of Gibson Dunn's Securities Litigation Practice, Labor and Employment Practice, and Media, Entertainment and Technology Practice Groups. She is a member of the Firm's Diversity Committee.
Ms. Levin's practice focuses on representing corporate clients in securities, employment, and general litigation matters. Ms. Levin specializes in securities class actions, shareholder derivative litigation, SOX and Dodd-Frank whistleblower litigation, and employment litigation. She has obtained dismissal at the pleadings stage of securities claims asserted against issuers, individuals, and underwriters. Ms. Levin has also successfully resolved a number of SOX and Dodd-Frank "whistleblower" matters, and obtained one of the first decisions holding that Dodd-Frank whistleblower claims are arbitrable.
Ms. Levin also has significant experience representing media, technology and entertainment companies in a wide array of matters, including government investigations, intellectual property litigation (copyright, trademark, right of publicity, and trade secret), and privacy and defamation cases. She has represented a major digital download service provider in a number of copyright infringement actions relating to music licenses.
Ms. Levin is recognized as a leader in the field of labor and employment. She is named as a "next generation" lawyer by The Legal 500 US 2017, and a 2017 Law360 Rising Star. In 2016, Benchmark Litigation's recognized her in their "Under 40 Hot List" which honors the achievements of the nation's most accomplished legal partners of the age of forty or younger.
Ms. Levin graduated from the University of Pennsylvania Law School in 2006, where she was an Editor of the Law Review, and received her Bachelor of Arts in Political Science from the University of Pennsylvania in 2002.
Ms. Levin is admitted to practice in the United States District Court for the Southern and Eastern Districts of New York, the Second Circuit Court of Appeals, and the States of New York and Connecticut. She serves on the board of directors of The HOPE Program, a non-profit focused on empowering New Yorkers to overcome poverty though skills training, jobs, and career advancement.
Representative Securities and Business Litigation Matters
- Molycorp: Obtained dismissal of a securities class action in the Southern District of New York against Molycorp, Inc. and its senior executives. The lawsuit accused defendants of making misrepresentations and omissions regarding the development schedule for a large-scale mining project, the company's financial results, and the marketability of one of Molycorp's new products.
- Eastman Kodak: Successfully defended the senior executives of Eastman Kodak in a securities class action in the Southern District of New York, which was filed following the bankruptcy of Kodak in early 2012. The motion to dismiss the case was granted, and the dismissal was affirmed by the Second Circuit.
- Nevsun Resources: Successfully resolved shareholder class actions brought against Vancouver-based Nevsun Resources, Ltd. and its senior executives in shareholder class action litigation in the Southern District of New York and Ontario, Canada, arising out of Nevsun's announcement in February 2012 of a major adjustment to its forecast for gold reserves at its mine in Eritrea, Africa. Final settlement approval was granted in February 2015.
- Primedia: Represented former independent directors of media company in shareholder class action challenging buyout of company.
- Financial Institution: Obtained dismissal of aiding and abetting breach of fiduciary duty claims asserted against financial institution in New York state court litigation relating to dispute over high-profile real estate project.
- The First American Corporation: Represented The First American Corporation and its subsidiary eAppraiseIT LLC in a putative securities class action lawsuit. Defeated class certification.
- Marsh & McLennan Companies, Inc. and Marsh Inc.: Represented Marsh & McLennan Companies, Inc. and Marsh Inc. in a putative securities class action lawsuit relating to allegations first made by the New York Attorney General relating to misconduct in connection with insurance placements.
- Confidential Client: Represented large international entity with respect to antitrust cartel investigations in the United States, Europe and Asia. The investigation also involved a multi-jurisdictional regulatory inquiry involving securities issues.
- Underwriters in securities class actions: Represented several underwriters in securities class actions concerning allegations relating to initial and secondary public offerings.
Representative Labor and Employment Matters
- HSBC: Won unanimous jury verdict for HSBC in retaliation case brought by senior executive under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law.
- Confidential Client: Defeated compensation claim brought by former executive of large financial institution after a 5-day FINRA arbitration.
- Confidential Client: Obtained victory for large financial institution after 10-day JAMS arbitration proceeding with former employee who asserted claims for breach of contract, Dodd-Frank whistleblowing, and defamation.
- Confidential Client: Currently representing a large financial institution in numerous Sarbanes-Oxley and Dodd-Frank whistleblower cases, including internal investigations and proceedings before the Department of Labor, administrative law judges, and the federal courts.
- Confidential Client: Represented a large financial institution in multiple FINRA arbitrations relating to employee compensation.
- Confidential Client: On behalf of audit committee of publicly-traded company, conducted internal investigation of employee complaints of gender discrimination and hostile work environment.
- Confidential Client: Represented a large financial institution in age and gender discrimination cases.
- Various Clients: Provided advice to various employers regarding employee terminations, reductions in force, non-solicitation and non-competition covenants, employee/independent contractor classification, vacation and sick pay issues, New York Department of Labor audits, and other employment-related issues.
Representative Media, Entertainment, and Technology Matters
- Confidential Client: Represented a major digital download service provider in putative copyright infringement class action alleging that digital music download providers do not have appropriate copyright licenses.
- Facebook Inc.: Represented Facebook in the New York Attorney General's investigation relating to on-line safety.
- Confidential Client: Represented not-for-profit in trademark dispute against competing not-for-profit using confusingly similar name. Successfully resolved the dispute pre-litigation in settlement that included, among other things, agreement by competing organization to cease use of confusingly similar name.
- Various Clients: Advised various clients regarding website policies, including compliance with copyright and privacy laws.