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October 7, 2020 |
33 Gibson Dunn Partners Recognized in Banking, Finance and Transactional Expert Guide

Expert Guides has named 33 Gibson Dunn partners to the 2020 edition of its Banking, Finance and Transactional Guide, which recognizes the top legal practitioners in the industry.  Selection to this guide is determined by a survey of fellow legal practitioners in more than 80 jurisdictions.  The Gibson Dunn partners included in the guide are Frankfurt partner Dirk Oberbracht, Hong Kong partners Albert Cho, John Fadely, Scott Jalowayski, Michael Nicklin, and Patricia Tan Openshaw, Houston partner Hilary Holmes, London partners Christopher Haynes and Steve Thierbach, Los Angeles partners Jennifer Bellah Maguire, Dennis Arnold and Robert Klyman, New York partners Barbara BeckerAndrew Fabens, David Feldman, Dennis Friedman, Sean GriffithsShukie Grossman, Michael RosenthalRoger Singer, and Edward Sopher, Orange County partners Jonathan Layne and James Moloney, Palo Alto partner Russell Hansen, San Francisco partners Stewart McDowell, Robert Nelson and Douglas Smith, Singapore partner Brad Roach, and Washington, D.C. partners Mark Director, Stephen Glover, Elizabeth Ising, Brian Lane and Ronald Mueller.  The guide was published on September 21, 2020.

September 22, 2020 |
Thirteen Gibson Dunn Partners Recognized in Expert Guides’ Women in Business Law

Expert Guides has named 13 Gibson Dunn partners to its 2020 Guide to the World’s Leading Women in Business Law, which recognizes top female legal practitioners advising on business law. Selection to this guide is determined by a survey of fellow legal practitioners. The Gibson Dunn partners included in the guide are Hong Kong partners Kelly Austin and Patricia Tan Openshaw, London partners Anna Howell and Penny Madden, Los Angeles partners Jennifer Bellah Maguire, Catherine Conway, Ruth Fisher and Amy Forbes, New York partners Barbara Becker, Lauren Elliot and Jane Love, San Francisco partner Mary Murphy and Washington, D.C. partner Judith Alison Lee. The guide was published on September 7, 2020.

August 12, 2020 |
Who’s Who Legal 2020 Asset Recovery, Energy, and Product Liability Defence Guides Recognize Eight Gibson Dunn Partners

Eight Gibson Dunn partners were recognized in Who’s Who Legal Asset Recovery 2020, Energy 2020, and Product Liability Defence 2020 guides. Dubai partner Graham Lovett was recommended in Asset Recovery. Houston partners Michael P. Darden, Tull Florey and Hillary Holmes, London partner Anna Howell, Singapore partner Brad Roach, and Washington, D.C. partner William Scherman were recommended in Energy. New York partner Daniel Thomasch was recommended in Product Liability Defence. The Product Liability Defence guide was published on June 17, 2020; the Asset Recovery guide was published on August 3, 2020; and the Energy guide was published on August 6, 2020.

April 27, 2020 |
COVID-19 Events: Key High Level Considerations in Reviewing Project Agreements and Financing Documents

Click for PDF First, we hope you and your families are staying safe in the midst of this COVID-19 pandemic. As you navigate through the implications of the pandemic on your business, below is a high level list of some of the key issues to consider with respect to one or more events or consequences caused by the COVID-19 pandemic (“COVID-19 Event”) in reviewing your project agreements and financing documents.

  1. Impact of a COVID-19 Event under Project Agreements/Commercial Contracts (e.g., Concession Agreements, Offtake Agreements, Construction Contracts, Supply Contracts, O&M Agreements, etc.)
    1. Relief Event/Compensation Event/Force Majeure Event – Determine whether the COVID-19 Event would qualify as a relief event, compensation event or force majeure event under the contract, what notices are required and the extent of relief available.Consider also if there are applicable “you snooze you lose” time frames that should be adhered to and if, in order to avoid missing any deadlines, a tolling agreement should be entered into.  Discuss if there are strategic reasons to prefer entering into a tolling agreement versus filing relief event, compensation event and/or force majeure event notices with the counterparty (particularly with government entities/grantors).  Finally, you should be familiar with, and proactively manage upfront, any contractual obligation to mitigate the impact of the COVID-19 Event in your (or your counterparty’s) business.

Here is a 4-step checklist and flow chart on force majeure relief under US law: https://www.gibsondunn.com/force-majeure-clauses-a-4-step-checklist-and-flowchart; and under English law: https://www.gibsondunn.com/english-law-force-majeure-clauses-a-4-step-checklist-flowchart. While the cases are primarily based on US and English law, respectively, a similar analysis would generally be undertaken under the governing law of the relevant contract.

We suggest reviewing whether and how relief events, compensation events and force majeure relief can be claimed both by your entities and your contract counterparties.

    1. COVID-19 Event (whether or not it qualifies as a Relief Event, Compensation Event or Force Majeure Event) Implications on:
      1. Revenue – Analyse how the COVID-19 Event would impact your revenue stream under the contract and under any applicable business interruption or other insurance.
      2. Payment Obligation – Determine how the amount and timing of your payment obligations to counterparties would be affected by the COVID-19 Event.
      3. Schedule – Assess the impact of the COVID-19 Event on any milestone with a specific deadline or any other time-bound undertaking (e.g., completion date, commercial operations date, delivery date); review corresponding forecasts and expectations.
      4. Contract Enforceability – Assess the potential implications of the COVID-19 Event on enforceability and defences available under the applicable contract law principles (e.g., impossibility, frustration, impracticability).
      5. Ability to Perform Obligations – Analyse whether the relevant entity will continue to be able to meet its obligations. Considerations include having an appropriate business continuity plan (i.e.,  Does it take into account pandemics?  Are there work-from-home arrangements, back-up plans if employees get sick, alternative sites for required back-office equipment?  Are you experiencing supply chain disruptions that could impact construction or operation?).
      6. Non-Compliance Points / Liquidated Damages / Events of Default / Termination – Analyse whether the COVID-19 Event could potentially lead to a default and trigger a termination event under the contract or result in the assessment of non-compliance points or liquidated damages.
      7. Insurance – Determine whether insurance would cover any or all of your losses arising from the COVID-19 Event.
  1. Financing Agreements
    1. Representations & Warranties[1]
      1. “No Default” – Determine whether the COVID-19 Event would trigger actual or potential defaults by the borrower and/or the relevant contractcounterparties under the borrower’s material contracts.  On occasion, this representation may also include defaults under the financing agreements.
      2. Insolvency/Bankruptcy/Inability to Pay Debts Generally When Due – Consider whether the COVID-19 Event would trigger a breach of this representation, which would also depend on the laws of the jurisdiction applicable to the subject entity/ies (including any recent pronouncements, relief measures, moratoria and the like by government entities in response to the pandemic).
      3. No Proceedings – Consider whether the relevant entity is or would be subject to litigation, disputes, claims, and the like, both actual or threatened, as a result of the COVID-19 Event, including any disputes relating to the availability of force majeure relief and labor-related disputes.
      4. MAC – Check whether the COVID-19 Event would lead to a “material adverse change” usually from the latest audited financials, or depending on the formulation, have/would/is reasonably likely to have a material adverse effect on the business, financials, operations, or prospects of the company or key contract counterparties. Note that this is a rapidly evolving area of the law in various jurisdictions and so it is prudent to check with counsel.
    2. Covenants
      1. Information Covenants – Check what notice requirements will be triggered to the granting entity, lenders, trustees, bondholders and otherwise (e.g., force majeure claims, material litigation/disputes, potential or actual defaults under commercial contracts, potential delays in milestones, events that could have a material adverse effect, etc.). If the company has bonds that are publicly listed, are any reporting obligations triggered?  Are voluntary disclosures recommended?  In addition, certain deliverables such as financial statements (and any related audit review) may be delayed due the impact of the COVID-19 Event on both the company and the auditors.
      2. Financial Covenants and Ratio-based Distribution Tests – Review the calculation of the financial ratios both as maintenance covenants and dividend blocks (particularly for projected figures), and determine whether they are likely to be breached and how any such breach can be mitigated (e.g., equity cure, prepayments, tap into revolvers or additional facility). Note that previously contemplated dividend payments may now be delayed or prohibited.
      3. Other Covenants – Determine whether any of the other covenants would be triggered as result of the COVID-19 Event, including with respect to acts or omissions vis-à-vis counterparties under commercial contracts (e.g., enforcing rights and remedies under material contracts, not settling claims without lender consent), obligations to meet construction deadlines, meeting requirements, operating standards, etc.
      4. Reserve Accounts – To the extent that the relevant entity will experience liquidity issues, consider whether it will be able to meet any reserve account requirements. Determine also whether any failure to meet such reserve account requirements would result in a default and what mitigation measures are available.
      5. Distributions – In addition to determining the implications of the COVID 19 Event on the distribution test, consider if dividend policies should be revisited in terms of potential liquidity needs.
    3. Drawstop Events

To the extent that the facility has not yet been fully drawn, a breach of representations and warranties or covenants (as described above), or the occurrence of an event of default or potential default (as described below), may prohibit subsequent draws.  The implications of the COVID-19 Event on the borrower’s ability to make further borrowings and the consequences thereof on its business should be carefully reviewed.

    1. Events of Default/Potential Default

The list of events of default should be reviewed to see whether any of them would be triggered by the COVID-19 Event, including by a prolonged occurrence thereof.  Some examples include:

      1. Misrepresentation and Covenant-Related Defaults – Consider whether a breach of representations or failure to meet financial or other covenants as described above would result in a default.
      2. Failure to Meet Certain Milestones – If the borrower or a contract counterparty is required to achieve certain milestones by a date certain, e.g., commercial operations date or construction completion date, a delay resulting from a COVID-19 Event may trigger a default. Note that where such milestone in the financing agreement is not tied to the definition under the relevant commercial contract (e.g., concession agreement, construction contract, etc.), then the borrower would not be entitled to the same force majeure relief under the financing agreements as in the relevant commercial contract.
      3. MAC – In cases where the financing agreement includes a “Material Adverse Change/Effect” event of default (including through repeating representations), the formulation should be reviewed to see whether the COVID-19 Event would trigger such default.
      4. Audit Qualification – Determine whether the COVID-19 Event would lead to a qualification in the auditor’s report, and if so, whether such qualification would trigger a default.
      5. Payment-Related Defaults – Consider whether liquidity issues will result in difficulty meeting payment obligations, and whether waivers or extensions related to upcoming payments are required.
There may be other issues to consider given the specifics of your business and contractual arrangements.  While this alert has been drafted to cover projects in a variety of jurisdictions globally and in all cases at a high level, we would be happy to help you on specific issues with respect to your projects in the respective geographies covered hereby.  Should you have any questions please feel free to contact us.
[1]   Under some loan agreements, representations and warranties are repeated periodically.  If these representations and warranties have already been made and do not need to be repeated, it is likely that there would be a corresponding formulation in the Covenant or Event of Default section so the same analysis would apply.
Gibson Dunn’s lawyers are available to assist with any questions you may have regarding developments related to the COVID-19 outbreak. For additional information, please contact any member of the firm’s Coronavirus (COVID-19) Response Team. Gibson Dunn regularly counsels clients on issues raised by this pandemic in the commercial context. For additional information, please contact the Gibson Dunn lawyer with whom you usually work or the authors: Tomer Pinkusiewicz – New York (+1 212-351-2630, tpinkusiewicz@gibsondunn.com) Patricia Tan Openshaw – Hong Kong (+852 2214-3868, popenshaw@gibsondunn.com) Anita Girdhari – New York (+1 212-351-5362, agirdhari@gibsondunn.com) Cristina Uy-Tioco – Hong Kong (+852 2214-3818, cuytioco@gibsondunn.com)   © 2020 Gibson, Dunn & Crutcher LLP Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.  

April 27, 2020 |
Robyn Zolman Named Among Denver’s Top Women in Energy 2020

The Denver Business Journal has named Denver partner Robyn Zolman to its annual Top Women in Energy list. The report was published on April 24, 2020. Robyn Zolman’s practice is concentrated in securities regulation and capital markets transactions.  She represents clients in connection with public and private offerings of equity and debt securities, tender offers, exchange offers, consent solicitations and corporate restructurings.

April 24, 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. Overall, the firm earned 302 rankings – 84 firm practice group rankings and 218 individual lawyer rankings. Gibson Dunn earned top-tier rankings in the following practice group categories: National – Antitrust National – Antitrust: Cartel National – Appellate Law National – Corporate Crime & Investigations National – FCPA National – Outsourcing National – Product Liability: Consumer Class Actions National – Real Estate National – Retail: Corporate & Transactional National – Securities: Regulation CA – Antitrust CA – IT & Outsourcing CA – Litigation: Appellate CA – Litigation: General Commercial CA – Litigation: Securities CA – Litigation: White-Collar Crime & Government Investigations CA – Real Estate: Zoning/Land Use CA (Los Angeles & Surrounds) – Employee Benefits & Executive Compensation CA – Real Estate: Northern California CA – Real Estate: Southern California CO – Litigation: White-Collar Crime & Government Investigations CO – Natural Resources & Energy DC – Corporate/M&A & Private Equity DC – Labor & Employment DC – Litigation: General Commercial DC – Litigation: White-Collar Crime & Government Investigations NY – Litigation: General Commercial: The Elite NY – Real Estate: Mainly Corporate & Finance NY – Technology & Outsourcing TX – Antitrust This year, 156 Gibson Dunn attorneys were identified as leading lawyers in their respective practice areas, with some ranked in more than one category. The following lawyers achieved top-tier rankings:  D. Jarrett Arp, Michael Bopp, Theodore Boutrous, Jessica Brown, Jeffrey Chapman, Linda Curtis, Michael P. Darden, Patrick Dennis, Mark Director, Thomas Dupree, Scott Edelman, Miguel Estrada, Stephen Fackler, Sean Feller, Eric Feuerstein, Amy Forbes, Stephen Glover, Richard Grime, Peter Hanlon, Hillary Holmes, Daniel Kolkey, Brian Lane, Jonathan Layne, Ray Ludwiszewski, Karen Manos, Randy Mastro, Cromwell Montgomery, Stephen Nordahl, Theodore Olson, Richard Parker, William Peters, Tomer Pinkusiewicz, Jesse Sharf, Orin Snyder, George Stamas, Beau Stark, Charles Stevens, Daniel Swanson, Steven Talley, Helgi Walker, Robert Walters, F. Joseph Warin, Debra Wong Yang, and Meryl Young.

April 13, 2020 |
Best Lawyers in Singapore 2021 Recognizes Five Gibson Dunn Attorneys

Best Lawyers in Singapore 2021 has recognized five Gibson Dunn attorneys as leading lawyers in their respective practice areas: Troy Doyle – Insolvency and Reorganization Law; Jai Pathak – Banking and Finance and Mergers and Acquisitions Law; Brad Roach– Energy Law and Mergers and Acquisitions Law; Saptak SantraBanking and Finance and Energy Law; and Jamie Thomas – Banking and Finance. The guide was published April 9, 2020.

November 22, 2019 |
Jerry Farano, Beau Stark and Robyn Zolman Named to Denver Business Journal’s Who’s Who in Energy

The Denver Business Journal has named Denver partners Gerald (Jerry) Farano, Beau Stark and Robyn Zolman to its 2019 list of Who’s Who in Energy, featuring “the movers and shakers in metro Denver’s fast-moving energy industry.”  The list was published on November 22, 2019. Jerry Farano concentrates his practice on transactional matters in the energy industry, advising clients on domestic and international M&A, joint ventures, strategic alliances, and energy and infrastructure development projects. He has considerable experience with energy-related mergers and acquisitions, particularly in the sale and purchase of renewable, fossil fuel, and nuclear generation assets. Beau Stark advises private equity funds and other public and private enterprises in the energy sector and a broad range of other industries, in both international and domestic markets. He has broad experience in all aspects of corporate practice, including public and private mergers and acquisitions, joint ventures, public offerings, capital markets transactions, securities offerings, management participation and financing, tender offers, private fund formation and general corporate matters. Robyn Zolman’s practice is concentrated in securities regulation and capital markets transactions. She represents clients in connection with public and private offerings of equity and debt securities, tender offers, exchange offers, consent solicitations and corporate restructurings. She also 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.

November 20, 2019 |
Gibson Dunn Promotes 13 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 13 new partners, effective January 1, 2020. “We congratulate our new partners on this important and well-deserved professional achievement,” said Ken Doran, Chairman and Managing Partner of Gibson Dunn.  “Each of them exemplifies the core values of the firm – excellence, professionalism and collegiality – and I know that they will continue to uphold these principles as our partners.” The new partners are: Amer S. Ahmed (Litigation / New York) – Ahmed’s practice focuses on representing both institutional and individual clients in high-stakes, complex investigation and litigation matters at all stages of disputes.  He has significant experience with ERISA, defamation and other First Amendment claims, product liability actions, and white-collar criminal defense.  In addition to his frontline trial experience, Ahmed has successfully handled several appeals in state and federal courts.  Ahmed graduated in 2005 from Columbia Law School, where he was an articles editor for the Columbia Law Review, a Harlan Fiske Stone Scholar, and a Tony Patino Fellow. Brian C. Ascher (Litigation, Media, Entertainment and Technology / New York) – Ascher has represented corporate and individual clients in a wide range of commercial litigation in both federal and state court and administrative proceedings.  Ascher graduated in 2009 from New York University School of Law, where he served as an articles editor for the New York University Environmental Law Journal.  He clerked for Judge Faith S. Hochberg in the U.S. District Court for the District of New Jersey. Attila Borsos (Litigation, Competition and Antitrust / Brussels) – Borsos is an experienced competition lawyer who advises on a broad range of complex competition and antitrust issues, including global merger control and cartel enforcement.  Borsos represents clients before the European Commission, national competition authorities in Europe as well as regulatory authorities worldwide.  His experience spans many industry sectors, with recent experience particularly in the consumer goods, chemicals, energy, airline, media and entertainment, insurance, and financial services industries.  In addition, he advises clients on EU State aid, anti-dumping and anti-subsidy investigations and on EU sanctions. Borsos graduated summa cum laude from Eötvös Loránd University in 2004. Elaine Chao (Corporate, Power and Renewables / Singapore) – Chao’s areas of practice include renewable energy and infrastructure projects, cross-border mergers and acquisitions, and general corporate/commercial transactions.  She has advised developers, investors and government agencies in connection with the development, financing, construction and operation of infrastructure and energy-related projects.  Chao received her LL.M. from King’s College London in 2000. Evan M. D’Amico (Corporate, Mergers and Acquisitions / Washington, D.C.) – D’Amico advises companies, private equity firms, boards of directors and special committees in connection with a wide variety of complex corporate matters, including mergers and acquisitions, asset sales, leveraged buyouts, spin-offs and joint ventures.  He also advises public companies on federal securities laws and corporate governance matters.  D’Amico graduated cum laude in 2008 from Harvard Law School, where he served as an executive technical editor for the Harvard Civil Rights-Civil Liberties Law Review. Joshua D. Dick (Litigation / San Francisco) – Dick has significant experience litigating a broad range of matters in both state and federal courts, at the trial and appellate levels.  He has successfully represented clients throughout the United States and abroad in multiple areas of the law including, antitrust, unfair competition law, false advertising, products liability, constitutional challenges, the securities and commodities acts, regulatory enforcement and compliance, the Stored Communications Act, the Communications Decency Act, trade secrets misappropriation, tort claims, legal malpractice, and general business disputes.  He graduated cum laude in 2004 from University of Michigan Law School, where he served as an associate and articles editor for the Journal of Law Reform. Russell H. Falconer (Litigation, Appellate / Dallas) – Falconer has extensive experience representing clients who operate in heavily regulated industries, including broker-dealers, airlines, electric utilities, investment firms, and pharmaceutical companies.  He has played a substantial role in a wide range of high-stakes appeals, trials, and litigation.  Falconer graduated in 2009 with highest honors from The University of Texas at Austin School of Law, where he was the Grand Chancellor of his class and served as a member of the Texas Law Review. Nancy Hart (Litigation / New York) – Hart is a complex commercial litigator principally focused on law firm defense matters, and has successfully defended high-stakes legal malpractice cases and disqualification motions for law firms across the United States.  She also has significant experience representing clients in a wide range of matters including complex contract disputes, corporate control contests, securities litigation, and shareholder actions alleging breaches of fiduciary duties, in state and federal courts, at both the trial and appellate levels, as well as in domestic and international arbitrations.  She graduated magna cum laude in 2003 from Boston College Law School, where she was elected to the Order of the Coif. Michael Holecek (Litigation, Class Actions / Los Angeles) – Holecek’s practice focuses on complex commercial litigation both in the trial court and on appeal.  He has first-chair trial experience and has successfully tried to verdict both jury and bench trials, and he has successfully argued numerous appeals.  Holecek graduated with high honors in 2011 from the University of Chicago Law School, where he was a member of the University of Chicago Law Review and elected to the Order of the Coif. Dhananjay S. Manthripragada (Litigation / Los Angeles) – Manthripragada has extensive experience defending companies in complex litigation in state and federal courts throughout the country, from pre-trial demands through trial, arbitration, or settlement, and on appeal.  Manthripragada graduated in 2007 from the UCLA School of Law, where he served as chief comments editor and an articles editor for the UCLA Journal of Environmental Law and Policy. Ilissa Samplin (Litigation, Media, Entertainment and Technology / Los Angeles) – Samplin is a complex commercial litigator who focuses on high-stakes entertainment and technology disputes.  She has extensive experience representing entertainment and technology companies in breach of contract, copyright, trademark, and trade secret matters, and also maintains a robust intellectual property counseling practice.  Samplin graduated in 2011 from Stanford Law School, where she served as a managing editor for the Stanford Journal of Law, Business & Finance.  She clerked for Judge Joseph F. Bianco, then of the U.S. District Court for the Eastern District of New York. Michael A. Titera (Corporate, Securities Regulation / Orange County) – Titera’s practice focuses on advising public companies regarding securities disclosure and compliance matters, financial reporting, and corporate governance.  Titera often advises clients on accounting and auditing matters and the use of non-GAAP financial measures.  He graduated in 2009 from the UCLA School of Law, where he was elected to the Order of the Coif. Lorna Wilson (Tax / Los Angeles) – Wilson’s practice focuses on federal income tax matters, including corporate and partnership tax matters in both the United States and international contexts.  She has extensive experience in tax planning for real estate transactions, including advising on investments in real estate by U.S. and non-U.S. investors.  She graduated in 2007 from the UCLA School of Law, where she was elected to the Order of the Coif.

November 6, 2019 |
Who’s Who Legal Recognizes Ten Gibson Dunn Partners in Project Finance, Product Liability, Energy, and Asset Recovery in 2019

Ten Gibson Dunn attorneys were recognized by Who’s Who Legal in their respective fields. The Who’s Who Legal Project Finance 2019 guide recognized Houston partner Mike Darden, New York partner Tomer Pinkusiewicz and San Francisco partner Robert Nelson. The Who’s Who Legal Product Liability Defence 2019 guide recognized New York partner Daniel Thomasch.  The Who’s Who Legal Energy 2019 guide also recognized Mike Darden, as well as Houston partners Hillary Holmes and Tull Florey, London partner Anna Howell, Singapore partner Brad Roach and Washington, DC partner William Scherman. The Who’s Who Legal Asset Recovery 2019 guide recognized Dubai partner Graham Lovett. These guides were published in June and August 2019.

September 3, 2019 |
Hillary Holmes Named Among Texas Lawyer’s 2019 Most Effective Dealmakers

Texas Lawyer named Houston partner Hillary Holmes among four lawyers featured as the “Most Effective Dealmakers” in its 2019 Professional Excellence Awards, an annual list of “fantastic lawyers who have dedicated themselves to building exceptional careers” and “advancing the profession as a whole.” The report was published on September 3, 2019. Hillary Holmes is Co-Chair of the firm’s Capital Markets practice group. Her practice focuses on securities offerings and securities regulation and governance counseling in all sectors of the oil & gas industry. She represents public companies, private companies, MLPs, investment banks, management teams and private equity in all forms of capital raising transactions, including IPOs, registered offerings of debt and equity securities, private placements of debt and equity securities, preferred equity investments, joint ventures and private equity investments.

April 25, 2019 |
Gibson Dunn Earns 79 Top-Tier Rankings in Chambers USA 2019

In its 2019 edition, Chambers USA: America’s Leading Lawyers for Business awarded Gibson Dunn 79 first-tier rankings, of which 27 were firm practice group rankings and 52 were individual lawyer rankings. Overall, the firm earned 276 rankings – 80 firm practice group rankings and 196 individual lawyer rankings. Gibson Dunn earned top-tier rankings in the following practice group categories: National – Antitrust National – Antitrust: Cartel National – Appellate Law National – Corporate Crime & Investigations National – FCPA National – Outsourcing National – Real Estate National – Retail National – Securities: Regulation CA – Antitrust CA – Environment CA – IT & Outsourcing CA – Litigation: Appellate CA – Litigation: General Commercial CA – Litigation: Securities CA – Litigation: White-Collar Crime & Government Investigations CA – Real Estate: Southern California CO – Litigation: White-Collar Crime & Government Investigations CO – Natural Resources & Energy DC – Corporate/M&A & Private Equity DC – Labor & Employment DC – Litigation: General Commercial DC – Litigation: White-Collar Crime & Government Investigations NY – Litigation: General Commercial: The Elite NY – Media & Entertainment: Litigation NY – Technology & Outsourcing TX – Antitrust This year, 155 Gibson Dunn attorneys were identified as leading lawyers in their respective practice areas, with some ranked in more than one category. The following lawyers achieved top-tier rankings:  D. Jarrett Arp, Theodore Boutrous, Jessica Brown, Jeffrey Chapman, Linda Curtis, Michael Darden, William Dawson, Patrick Dennis, Mark Director, Scott Edelman, Miguel Estrada, Stephen Fackler, Sean Feller, Eric Feuerstein, Amy Forbes, Stephen Glover, Richard Grime, Daniel Kolkey, Brian Lane, Jonathan Layne, Karen Manos, Randy Mastro, Cromwell Montgomery, Daniel Mummery, Stephen Nordahl, Theodore Olson, Richard Parker, William Peters, Tomer Pinkusiewicz, Sean Royall, Eugene Scalia, Jesse Sharf, Orin Snyder, George Stamas, Beau Stark, Charles Stevens, Daniel Swanson, Steven Talley, Helgi Walker, Robert Walters, F. Joseph Warin and Debra Wong Yang.

March 14, 2019 |
Robyn Zolman Named Among Top Women in Energy

The Denver Business Journal has named Denver partner Robyn Zolman to its annual Top Women in Energy list, recognizing “women whose position, knowledge and expertise help guide the industry.”  The list was announced on March 14, 2019. Zolman focuses on securities regulation and capital markets transactions.  She represents clients in connection with public and private offerings of equity and debt securities, tender offers, exchange offers, consent solicitations and corporate restructurings.

February 1, 2019 |
Law360 Names Gibson Dunn Among Its Energy 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Energy Groups Of The Year [PDF] for 2018. The practice group was recognized for securing deals in the renewable energy space and handling a range of complex financial transactions and litigation. The firm’s Energy practice was profiled on February 1, 2019. Gibson Dunn’s Energy and Infrastructure Practice Group advises clients in every stage of the development, construction, financing, acquisition, ownership and operation of energy and infrastructure projects and in connection with a wide variety of M&A, financing, investment, joint venture and other transactions involving energy and infrastructure companies of all types. Our group has substantial practical experience, knowledge and capabilities in all aspects and phases of: utility, power, pipeline and other oil and gas M&A, investment, joint venture and financing transactions, including master limited partnership (MLP), YieldCo, tax equity, hedging and other complex transactions; conventional power projects, including natural gas, combined cycle, coal, oil and nuclear facilities; renewable power projects, including solar, wind, geothermal, biomass and hydroelectric; electric energy transmission, interconnection and distribution; toll roads, water facilities, ports, airports, bridges, tunnels and other infrastructure projects; oil and gas (upstream, midstream and downstream), including E&P projects, pipelines, storage facilities, liquid natural gas (LNG) and other import/export facilities; power marketing, trading and hedging; mining; and petrochemical facilities, including fertilizer, polyethelene and LNG. Our internationally recognized Oil & Gas team brings multidisciplinary, multijurisdictional knowledge and experience to a full spectrum of oil and gas assignments.  We offer seamless advice and counseling, technical excellence, creativity, market knowledge, and unique insight on the most sophisticated matters, including: energy M&A (both private and public company-level and asset-level acquisition and divestitures); oil and gas transactional matters (including sophisticated joint ventures, farmouts, carry and earning agreements, and drillcos); capital markets (including public and private debt and equity, and MLPs, YieldCos and UpCs); resource fund formation; private equity (including sponsor-level, management team, and portfolio company engagements); asset-level finance (including reserve-based lending, acquisition finance, project finance, and hedging); restructuring; project development; infrastructure projects; and tax (including oil and gas and partnership; net profits structures, MLPs, YieldCos and UpCs).

January 18, 2019 |
Gibson Dunn Ranked in Legal 500 Asia Pacific 2019

Gibson Dunn has been recognized in 12 categories in the 2019 edition of The Legal 500 Asia Pacific. The Singapore office was ranked in the following Foreign Firms categories: Banking and Finance, Corporate and M&A, Energy and Restructuring.  The Hong Kong office was ranked in the Antitrust and Competition, Corporate (including M&A), Private Equity, Projects and Energy, and Regulatory: Anti-Corruption and Compliance categories.  Additionally, the firm was ranked for its work in India, Indonesia and the Philippines.  Brad Roach was named as a Leading Lawyer in the Singapore: Energy – Foreign Firms and Indonesia: Foreign Firms categories; Kelly Austin was named as a Leading Lawyer in the Hong Kong: Regulatory: Anti-Corruption and Compliance category; Michael Nicklin was named as a Leading Lawyer in the Hong Kong: Banking & Finance category; Scott Jalowayski and Brian Schwarzwalder were named as Leading Lawyers in the Hong Kong: Private Equity category; and Troy Doyle was named as a Leading Lawyer in the Singapore: Restructuring & Insolvency – Foreign Firms category; and John Fadely and Albert Cho were named as Leading Lawyers in the Hong Kong: Investment Funds category. Youjung Byon has also been named as a Next Generation Lawyer for Hong Kong: Investment Funds.

January 13, 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. Law360 previously noted that Gibson Dunn “dominated the competition this year” for its Practice Groups of the Year, which were selected “with an eye toward landmark matters and general excellence.” Gibson Dunn is proud to have been honored in the following categories:

  • Appellate [PDF]: Gibson Dunn’s Appellate and Constitutional Law Practice Group is one of the leading U.S. appellate practices, with broad experience in complex litigation at all levels of the state and federal court systems and an exceptionally strong and high-profile presence and record of success before the U.S. Supreme Court.
  • Class Action [PDF]: Our Class Actions Practice Group has an unrivaled record of success in the defense of high-stakes class action lawsuits across the United States. We have successfully litigated many of the most significant class actions in recent years, amassing an impressive win record in trial and appellate courts, including before the U. S. Supreme Court, that have changed the class action landscape nationwide.
  • Competition [PDF]: Gibson Dunn’s Antitrust and Competition Practice Group serves clients in a broad array of industries globally in every significant area of antitrust and competition law, including private antitrust litigation between large companies and class action treble damages litigation; government review of mergers and acquisitions; and cartel investigations, internationally across borders and jurisdictions.
  • Cybersecurity & Privacy [PDF]: Our Privacy, Cybersecurity and Consumer Protection Practice Group represents clients across a wide range of industries in matters involving complex and rapidly evolving laws, regulations, and industry best practices relating to privacy, cybersecurity, and consumer protection. Our team includes the largest number of former federal cyber-crimes prosecutors of any law firm.
  • Employment [PDF]: No firm has a more prominent position at the leading edge of labor and employment law than Gibson Dunn. With a Labor and Employment Practice Group that covers a complete range of matters, we are known for our unsurpassed ability to help the world’s preeminent companies tackle their most challenging labor and employment matters.
  • Energy [PDF]: Across the firm’s Energy and Infrastructure, Oil and Gas, and Energy, Regulation and Litigation Practice Groups, our global energy practitioners counsel on a complex range of issues and proceedings in the transactional, regulatory, enforcement, investigatory and litigation arenas, serving clients in all energy industry segments.
  • Environmental [PDF]: Gibson Dunn has represented clients in the environmental and mass tort area for more than 30 years, providing sophisticated counsel on the complete range of litigation matters as well as in connection with transactional concerns such as ongoing regulatory compliance, legislative activities and environmental due diligence.
  • Real Estate [PDF]: The breadth of sophisticated matters handled by our real estate lawyers worldwide includes acquisitions and sales; joint ventures; financing; land use and development; and construction. Gibson Dunn additionally has one of the leading hotel and hospitality practices globally.
  • Securities [PDF]: Our securities practice offers comprehensive client services including in the defense and handling of securities class action litigation, derivative litigation, M&A litigation, internal investigations, and investigations and enforcement actions by the SEC, DOJ and state attorneys general.
  • Sports [PDF]: Gibson Dunn’s global Sports Law Practice represents a wide range of clients in matters relating to professional and amateur sports, including individual teams, sports facilities, athletic associations, athletes, financial institutions, television networks, sponsors and municipalities.
  • Transportation [PDF]: Gibson Dunn’s experience with transportation-related entities is extensive and includes the automotive sector as well as all aspects of the airline and rail industries, freight, shipping, and maritime. We advise in a broad range of areas that include regulatory and compliance, customs and trade regulation, antitrust, litigation, corporate transactions, tax, real estate, environmental and insurance.

November 22, 2018 |
Beau Stark and Fred Yarger Named to Denver Business Journal’s Who’s Who in Energy

The Denver Business Journal has named Denver partners Beau Stark and Fred Yarger to its 2018 list of Who’s Who in Energy.  The list profiles the metro area’s key players in the energy industry.  Stark advises private equity funds and other public and private enterprises in the energy sector and a broad range of other industries, in both international and domestic markets.  Yarger’s practice focuses on complex litigation in trial and appellate courts, including cases involving administrative law and regulatory matters.  The list was published on November 22, 2018.

November 29, 2018 |
Gibson Dunn Ranked in 2019 Chambers Asia Pacific

Gibson Dunn earned 12 firm rankings and 21 individual rankings in the 2019 edition of Chambers Asia-Pacific. The firm was recognized in the Asia-Pacific Region-wide category for Investment Funds: Private Equity as well as the following International Firms categories: China Banking & Finance: Leveraged & Acquisition Finance; China Competition/Antitrust; China Corporate Investigations/Anti-Corruption; China Corporate/M&A: Highly Regarded; China Investment Funds: Private Equity; China Private Equity: Buyouts & Venture Capital Investment; India Corporate/M&A; Indonesia Corporate & Finance; Philippines Projects, Infrastructure & Energy; Singapore Corporate/M&A; and Singapore Energy & Natural Resources. The following lawyers were ranked individually in their respective categories:

  • Kelly Austin – China Corporate Investigations/Anti-Corruption
  • Albert Cho – China Investment Funds
  • Troy Doyle – Singapore Restructuring/Insolvency
  • Sébastien Evrard – China Competition/Antitrust
  • John Fadely – China Investment Funds
  • Scott Jalowayski – China Private Equity: Buyouts & Venture Capital Investment
  • Michael Nicklin –  China Banking & Finance: Leveraged & Acquisition Finance
  • Jai Pathak – India Corporate/M&A, and Singapore Corporate/M&A
  • Brad Roach – Indonesia Projects & Energy, Singapore Energy & Natural Resources, and Singapore Energy & Natural Resources: Oil & Gas
  • Saptak Santra – Singapore Energy & Natural Resources
  • Brian Schwarzwalder – China Private Equity: Buyouts & Venture Capital
  • Patricia Tan Openshaw – China Projects & Infrastructure, and Philippines Projects, Infrastructure & Energy
  • Jamie Thomas – India Banking & Finance, Indonesia Banking & Finance, and Singapore Banking & Finance
  • Graham Winter – China Corporate/M&A: Hong Kong-based
  • Yi Zhang – China Corporate/M&A: Hong Kong-based
The rankings were published on November 29, 2018.

November 28, 2018 |
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.” Gibson Dunn’s MVPs are:

  • Christopher Chorba, a Class Action MVP [PDF] – Co-Chair of the firm’s Class Actions Group and a partner in our Los Angeles office, he defends class actions and handles a broad range of complex commercial litigation with an emphasis on claims involving California’s Unfair Competition and False Advertising Laws, the Consumers Legal Remedies Act, the Lanham Act, and the Class Action Fairness Act of 2005. His litigation and counseling experience includes work for companies in the automotive, consumer products, entertainment, financial services, food and beverage, social media, technology, telecommunications, insurance, health care, retail, and utility industries.
  • Michael P. Darden, an Energy MVP [PDF] – Partner in charge of the Houston office, Mike focuses his practice on international and U.S. oil & gas ventures and infrastructure projects (including LNG, deep-water and unconventional resource development projects), asset acquisitions and divestitures, and energy-based financings (including project financings, reserve-based loans and production payments).
  • Thomas H. Dupree Jr., an MVP in Transportation [PDF] –  Co-partner in charge of the Washington, DC office, Tom has represented clients in a wide variety of trial and appellate matters, including cases involving punitive damages, class actions, product liability, arbitration, intellectual property, employment, and constitutional challenges to federal and state statutes.  He has argued more than 80 appeals in the federal courts, including in all 13 circuits as well as the United States Supreme Court.
  • Joanne Franzel, a Real Estate MVP [PDF] – Joanne is a partner in the New York office, and her practice has included all forms of real estate transactions, including acquisitions and dispositions and financing, as well as office and retail leasing with anchor, as well as shopping center tenants. She also has represented a number of clients in New York City real estate development, representing developers as well as users in various mixed-use projects, often with a significant public/private component.
  • Matthew McGill, an MVP in the Sports category [PDF] – A partner in the Washington, D.C. office, Matt practices appellate and constitutional law. He has participated in 21 cases before the Supreme Court of the United States, prevailing in 16. Spanning a wide range of substantive areas, those representations have included several high-profile triumphs over foreign and domestic sovereigns. Outside the Supreme Court, his practice focuses on cases involving novel and complex questions of federal law, often in high-profile litigation against governmental entities.
  • Mark A. Perry, an MVP in the Securities category [PDF] – Mark is a partner in the Washington, D.C. office and is Co-chair of the firm’s Appellate and Constitutional Law Group.  His practice focuses on complex commercial litigation at both the trial and appellate levels. He is an accomplished appellate lawyer who has briefed and argued many cases in the Supreme Court of the United States. He has served as chief appellate counsel to Fortune 100 companies in significant securities, intellectual property, and employment cases.  He also appears frequently in federal district courts, serving both as lead counsel and as legal strategist in complex commercial cases.
  • Eugene Scalia, an Appellate MVP [PDF] – A partner in the Washington, D.C. office and Co-Chair of the Administrative Law and Regulatory Practice Group, Gene has a national practice handling a broad range of labor, employment, appellate, and regulatory matters. His success bringing legal challenges to federal agency actions has been widely reported in the legal and business press.
  • Michael Li-Ming Wong, an MVP in Cybersecurity and Privacy – Michael is a partner in the San Francisco and Palo Alto offices. He focuses on white-collar criminal matters, complex civil litigation, data-privacy investigations and litigation, and internal investigations. Michael has tried more than 20 civil and criminal jury trials in federal and state courts, including five multi-week jury trials over the past five years.

November 21, 2018 |
Brad Roach recognized by Who’s Who Legal

Singapore partner Brad Roach was recognized by Who’s Who Legal Thought Leaders: Global Elite 2019. Brad was recognized in Energy, where he was the only attorney recognized in this category for Singapore. Lawyers included obtained the highest number of nominations from peers, corporate counsel and other market sources in the most recent research cycle. The list was published in November 2018.