Securities Litigation

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Gibson Dunn Earns 94 Top-Tier Rankings in Chambers USA 2021

In its 2021 edition, Chambers USA awarded Gibson Dunn 94 first-tier rankings, of which 33 were firm practice group rankings and 61 were individual lawyer rankings.

Firm News | May 20, 2021

Court Holds That Federal Securities Law Claims Are Subject to Delaware Exclusive Forum Bylaw

On April 27, 2021, a federal court in the Northern District of California dismissed federal and state law claims brought derivatively on behalf of The Gap, Inc., holding that the California proceedings were foreclosed by a forum selection bylaw designating the Delaware Court of Chancery as the exclusive forum for derivative suits. 

Client Alert | May 3, 2021

Webcast: Shareholder Litigation Developments and Trends

In this webcast, a panel of Gibson Dunn lawyers highlights recent developments and trends in the constantly evolving and complex area of shareholder litigation.

Webcasts | April 28, 2021

Congress Codifies SEC Disgorgement Remedy in Military Spending Bill

New York partner Avi Weitzman and of counsel Tina Samanta are the authors of "Congress Codifies SEC Disgorgement Remedy in Military Spending Bill," [PDF] published by Wall Street Journal in February 2021.

Publications | February 25, 2021

2020 Year-End Securities Litigation Update

As part of a year-end update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the second half of 2020.

Client Alert | February 16, 2021

Federal Court Issues First Decision Dismissing Pandemic-Related Securities Class Action Lawsuit

A California federal court issued the first decision in the country in a securities class action arising out of the COVID-19 pandemic, dismissing the case on the ground that the issuer could not have anticipated the extent of the pandemic in early January 2020.

Client Alert | February 1, 2021

Ninth Circuit Upholds Broad Protection for Corporate Officers Making Forward-Looking Statements

On January 26, 2021, the U.S. Court of Appeals for the Ninth Circuit reaffirmed the broad protections afforded to corporations and their officers when speaking about a company’s future plans and projections.

Client Alert | January 29, 2021

Webcast: Update on COVID-19-Related Developments in Securities Litigation and Corporate Best Practices

In this webinar, Gibson Dunn and Cornerstone Research will provide an update on COVID-19-related securities litigation filed since the pandemic began and corporate best practices

Webcasts | December 15, 2020

Chancery Court Ruling Confirms High Bar to Pleading a Nonexculpated ‘Revlon’ Claim

San Francisco partner Brian M. Lutz and Orange County associate Colin B. Davis are the authors of "Chancery Court Ruling Confirms High Bar to Pleading a Nonexculpated 'Revlon' Claim" [PDF] published by Delaware Business Court Insider on November 11, 2020.

Publications | November 11, 2020

Benchmark Litigation US 2021 Gives Top Marks to Gibson Dunn

Benchmark Litigation US recognized Gibson Dunn in eight national litigation practice areas in its 2021 edition and named 66 partners as Litigation Stars and Future Stars across the U.S.

Firm News | October 16, 2020

Law360 Names Eight Gibson Dunn Partners as 2020 MVPs

Law360 named eight Gibson Dunn partners among its 2020 MVPs. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on October 4, 2020.

Firm News | October 5, 2020

Securities Litigation Partner Craig Varnen Joins Gibson Dunn in Los Angeles

Gibson, Dunn & Crutcher LLP is pleased to announce that Craig Varnen has joined the firm’s Los Angeles office as a partner. Varnen, formerly a partner at Irell & Manella, will continue to focus on securities litigation and other complex litigation at Gibson Dunn.

Press Releases | September 1, 2020

An Oversight Claim By Any Other Name Is Reviewed Under ‘Caremark,’ Says GoPro

Washington, D.C. partner Jason Mendro and associate Jeffrey Rosenberg are the authors of "An Oversight Claim By Any Other Name Is Reviewed Under 'Caremark,' Says GoPro," [PDF] published by Delaware Business Court Insider on August 12, 2020.

Publications | August 20, 2020

New York Attorney General’s Office 18-Month Round-Up

The New York Attorney General (“AG” or the “Office”) has a broad range of powers to launch investigations and bring actions on behalf of the State or its consumers in a wide variety of areas.  The AG’s prerogatives can have a profound impact on corporations, nonprofits, individuals, and investors.  This 18-month round-up is a summary of major cases and initiatives that have occurred under the leadership of New York State’s 67th Attorney General, Letitia James.

Client Alert | August 18, 2020

2020 Mid-Year Securities Litigation Update

As part of a mid-year update, Gibson Dunn lawyers highlight what you most need to know in securities litigation developments and trends for the first half of 2020.

Client Alert | August 10, 2020

Webcast: Potential Implications of the COVID-19 Pandemic for Securities and Derivative Litigation

In this webcast, Gibson Dunn and Cornerstone Research discuss the potential implications of the COVID-19 pandemic for securities and derivative litigation.

Webcasts | May 14, 2020

Gibson Dunn Earns 84 Top-Tier Rankings in Chambers USA 2020

In its 2020 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 84 first-tier rankings, of which 31 were firm practice group rankings and 53 were individual lawyer rankings.

Firm News | April 24, 2020

Delaware Supreme Court Unanimously Upholds Federal-Forum Provisions

In Salzberg, et al. v. Sciabacucchi (“Blue Apron II”), a unanimous Delaware Supreme Court, with Justice Valihura writing, confirmed the facial validity of federal-forum provisions (“FFPs”)—provisions Delaware corporations adopt in their certificates of incorporation requiring actions arising under the Securities Act of 1933 (the “1933 Act”) to be filed exclusively in federal court.

Client Alert | March 20, 2020

Webcast: Shareholder Litigation Developments and Trends

In this webcast, a panel of Gibson Dunn lawyers highlights recent developments and trends regarding shareholder lawsuits, including filing and settlement trends and activity in the U.S. Supreme Court and state courts.

Webcasts | March 11, 2020

Supreme Court Holds That Unread ERISA Plan Disclosures Do Not Give Participants Actual Knowledge Of The Information Disclosed

On February 26, 2020, the U.S. Supreme Court unanimously held that a fiduciary’s disclosure of plan information alone does not trigger ERISA’s three-year limitations period in fiduciary breach cases.

Client Alert | February 26, 2020

2019 Year-End Securities Litigation Update

Gibson Dunn lawyers highlight securities litigation trends and developments for the second half of 2019.

Client Alert | February 18, 2020

Mark Kirsch Named to City & State 50 Over Fifty

City & State Magazine named New York partner Mark Kirsch among its 2020 50 Over Fifty Awards honorees. The list was published in January 2020. Mark Kirsch focuses on complex securities, white collar, commercial and antitrust litigation.

Firm News | January 22, 2020

2019 Year-End Securities Enforcement Update

Gibson Dunn lawyers review legislative, regulatory and litigation developments and trends in securities enforcement during 2019.

Client Alert | January 14, 2020

If It Looks Like a Duck: Chancery Court Knows a Demand When It Sees One

San Francisco partner Brian Lutz and Washington, D.C. associate Jason Hilborn are the authors of “If It Looks Like a Duck: Chancery Court Knows a Demand When It Sees One,” [PDF] published in the Delaware Business Court Insider on November 13, 2019.

Publications | November 14, 2019

Law360 Names Nine Gibson Dunn Partners as 2019 MVPs

Law360 named nine Gibson Dunn partners among its 2019 MVPs and noted that Gibson Dunn was one of two law firms with the most MVPs this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on November 12, 2019.

Firm News | November 12, 2019

Law360 Names Seven Gibson Dunn Lawyers as 2019 Rising Stars

Seven Gibson Dunn lawyers were named among Law360’s Rising Stars for 2019 [PDF], featuring “attorneys under 40 whose legal accomplishments transcend their age.” The following lawyers were recognized: Washington D.C. partner Chantale Fiebig in Transportation, San Francisco partner Allison Kidd in Real Estate, Washington D.C. associate Andrew Kilberg in Telecommunications, New York associate Sean McFarlane in Sports, New York partner Laura O’Boyle in Securities, Los Angeles partner Katherine Smith in Employment and Century City partner Daniela Stolman in Private Equity.

Firm News | September 9, 2019

12 Gibson Dunn Partners Named Lawyers of the Year

Best Lawyers® named 12 Gibson Dunn partners as the 2020 Lawyer of the Year in their respective practice areas and cities: Rachel Brass – San Francisco – Litigation – Antitrust Lawyer of the Year, Miguel Estrada – Washington, D.C. – Litigation – Intellectual Property Lawyer of the Year, Sean Feller – Los Angeles Employee Benefits (ERISA) Law Lawyer of the Year, Douglas Fuchs – Los Angeles Litigation – Regulatory Enforcement (SEC, Telecom, Energy) Lawyer of the Year, Ronald Mueller – Washington, D.C. Corporate Governance Law Lawyer of the Year, Douglas Rayburn – Dallas Securities Regulation Lawyer of the Year, Brian Robison – Dallas Antitrust Law Lawyer of the Year, Eugene Scalia – Washington, D.C. Employment Law – Management Lawyer of the Year, Jesse Shapiro –

Firm News | August 19, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.

Firm News | August 15, 2019

2019 Mid-Year Securities Litigation Update

Gibson Dunn lawyers highlight what you most need to know in securities litigation trends and developments for the first half of 2019.

Client Alert | August 15, 2019

Five Partners Named Among Top Women in Litigation

Benchmark Litigation named Perlette Jura, Andrea Neuman, Elizabeth Papez, Deborah Stein and Meryl Young to its 2019 list of the Top 250 Women in Litigation, which recognizes America’s leading female trial lawyers.

Firm News | August 15, 2019

Benchmark Litigation Names Three Partners to 40 & Under Hotlist

Benchmark Litigation named Los Angeles partner Heather Richardson, New York partner Gabrielle Levin and Orange County partner Blaine Evanson to its annual 40 & Under Hotlist, which recognizes the achievements of the nation’s most accomplished legal partners aged 40 or younger.

Firm News | August 13, 2019

Delaware Supreme Court Revisits Oversight Liability

In a June 2019 decision applying the famous Caremark doctrine, the Delaware Supreme Court confirmed several important legal principles that we expect will play a central role in the future of derivative litigation and that serve as important reminders for boards of directors in performing their oversight responsibilities.

Client Alert | July 29, 2019

Meryl Young Named Among Most Influential in Orange County

Orange County partner Meryl Young was recognized by the Orange County Business Journal’s in the OC500, a list of the most influential people in Orange County The guide notes her as a ”top female litigator” and one of “California’s top 30” litigators.

Firm News | July 12, 2019

Gibson Dunn Ranked in 2019 U.S. Legal 500

Gibson Dunn earned 54 practice area rankings, including 18 top-tier rankings in the 2019 edition of The Legal 500 – United States, and 32 partners were named Leading Lawyers in their respective practices with an additional 15 partners recognized as Next Generation Lawyers and two attorneys recognized as Rising Stars.

Firm News | July 11, 2019

Supreme Court Holds That Securities Fraud Liability Extends Beyond “Maker” Of False Statements

On March 27, 2019, the U.S. Supreme Court held 6-2 that an individual who knowingly disseminates false statements, even if the individual did not “make” the statements under SEC Rule 10b-5(b), can be held liable under other subdivisions of Rule 10b-5 and related securities laws.

Client Alert | March 27, 2019

Webcast: Shareholder Litigation Developments and Trends (2019)

In this webcast, Gibson Dunn lawyers highlight recent developments and trends in the constantly evolving and complex area of shareholder litigation in the United States.

Webcasts | March 11, 2019

2018 Year-End Securities Litigation Update

Gibson Dunn highlights what you most need to know in securities litigation developments and trends for the latter half of 2018.

Client Alert | March 5, 2019

Law360 Names Gibson Dunn Among Its Securities 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its six Securities Practice Groups of the Year [PDF] for 2018. The practice group was recognized for “[s]ecuring a landmark U.S.

Firm News | January 16, 2019

2018 Year-End Securities Enforcement Update

The Securities and Exchange Commission, like most federal agencies, ended 2018 with a whimper, not a bang. Most staffers were furloughed as part of the federal government shutdown, a note on the SEC homepage cautioning that until further notice only a limited number of personnel would be on hand to respond to emergency situations.

Client Alert | January 15, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

Law360 Names Eight Gibson Dunn Partners as MVPs

Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Firm News | November 28, 2018

U.S. News – Best Lawyers® Awards Gibson Dunn 132 Top-Tier Rankings

U.S. News – Best Lawyers® awarded Gibson Dunn Tier 1 rankings in 132 practice area categories in its 2019 “Best Law Firms” [PDF] survey. Overall, the firm earned 169 rankings in nine metropolitan areas and nationally.

Firm News | November 1, 2018

SEC Warns Public Companies on Cyber-Fraud Controls

On October 16, 2018, the Securities and Exchange Commission issued a report warning public companies about the importance of internal controls to prevent cyber fraud.  The report described the SEC Division of Enforcement's investigation of multiple public companies which had collectively lost nearly $100 million in a range of cyber-scams typically involving phony emails requesting payments to vendors or corporate executives.

Client Alert | October 17, 2018

M&A Report – Flood v. Synutra Refines “Ab Initio” Requirement for Business Judgment Review of Controller Transactions

On October 9, 2018, in Flood v. Synutra Intth'l, Inc., the Delaware Supreme Court further refined when in a controller transaction the procedural safeguards of Kahn v. M & F Worldwide Corp. ("MFW") must be implemented to obtain business judgment rule review of the transaction.

Client Alert | October 15, 2018

M&A Report – Fresenius Marks a Watershed Development in the Analysis of “Material Adverse Effect” Clauses

On October 1, 2018, in Akorn, Inc. v. Fresenius Kabi AG, the Delaware Court of Chancery determined conclusively for the first time that a buyer had validly terminated a merger agreement due to the occurrence of a "material adverse effect" (MAE).

Client Alert | October 2, 2018

Chancery Reaffirms Safe Harbor for Directors’ Reasonable Reliance on Expert Advice

San Francisco partner Brian M. Lutz and New York associate Mark H. Mixon Jr. are the authors of "Chancery Reaffirms Safe Harbor for Directors’ Reasonable Reliance on Expert Advice" [PDF] published in the Delaware Business Court Insider on September 26, 2018.

Article | September 26, 2018

2018 Mid-Year Securities Enforcement Update

I. Significant Developments A. Introduction For a brief moment in time, after several years with as many as 3 of the 5 commissioner seats vacant, the SEC was operating at full force, with the January 2018 swearing in of newest commissioners Hester Peirce and Robert Jackson.

Client Alert | July 30, 2018

2018 Mid-Year Securities Litigation Update

The continued explosion in the number of securities class action filings is once again the big headline in our half yearly update. The now-sustained increase in both the number of filings and average and median settlement amounts—including a five-fold increase in average settlement amounts in the first half of 2018 to $124 million from $25 million in 2017—is causing significant alarm in the securities defense bar, prompting insurance carriers and others to seek regulatory reform and explore other alternatives to reverse these trends.

Client Alert | July 26, 2018

Supreme Court Rules That SEC ALJs Were Unconstitutionally Appointed

Lucia v. SEC, No. 17-130 Decided June 21, 2018 Today, the Supreme Court held that administrative law judges of the Securities and Exchange Commission are inferior “Officers of the United States” within the meaning of the Constitution’s Appointments Clause.

Client Alert | June 21, 2018

Acting Associate AG Panuccio Highlights DOJ’s False Claims Act Enforcement Reform Efforts

On June 14, 2018, Acting Associate Attorney General Jesse Panuccio gave remarks highlighting recent enforcement activity and policy initiatives by the Department of Justice ("DOJ").

Client Alert | June 20, 2018